Social Security Disability Resource Center
Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions
Social Security Disability Issues and Representation
People who file for social security disability or SSI benefits and have been turned down by their state disability determination services (DDS) agency (disability examiners at DDS make the actual decisions for the social security administration) should obtain legal representation as soon as possible. Why? Because, if your initial claim is turned down, your appeal (this first appeal is called request for reconsideration) is likely to be unsuccessful as well. Unfortunately, reconsideration appeals are also decided by DDS, and a staggering 81% of them are denied.
If your request for reconsideration is denied, your smartest move is definitely not to give up, but to file a second appeal to have your case heard before a federal administrative law judge (ALJ). Studies have shown that ALJs are much more likely to approve disability claims than disability examiners, especially when claimants have legal representation. In fact, some statistics show that claimants who have legal representation are about twice as likely to win benefits as those who choose to represent themselves.
Why would any claimant choose to represent themselves before a federal judge? Perhaps because many do not want to pay for legal services, but this is not a valid reason to put the outcome of your disability claim in jeopardy. In disability cases, lawyers are paid only if they win the case, and there is no upfront money involved. Also, the fee that disability lawyers can charge is capped at 21% of the claimant’s total backpay, up to a maximum of $6000. This is far less than attorney fees for other types of cases.
Other individuals who represent themselves may think that their appearance will be a simple matter of going before the judge and telling their story. However, disability hearings require far more proof than a verbal recitation of your medical condition and symptoms. In order to persuade an ALJ, you must disprove the disability examiner’s claim that you are able to do your past job or other work by arguing that your skills, age, education, or other limitations prevent you from doing so.
This requires a firm grasp of the Medical Vocational Grid. A good disability attorney will review everything in your medical records and work history to find evidence that the disability examiner erred in his or her decision, and help persuade a judge that in actuality you do not fall anywhere on that grid. Most claimants have no idea what is in their disability file or the precise reasoning behind their denial, and even if they read over the information they will not have the legal background necessary to form a sound legal argument based on what they learn.
A disability attorney can also review your files to see if there are any additional medical tests or statements that could strengthen your case, or that could help you meet a blue book listing (the book of impairments that SSA uses to classify disabilities). If it is a child that is under consideration, there may be certain psychological reports or tests, even statements from teachers, needed to refute a denial. The average claimant may not even be aware of these options or know how to obtain them.
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability SSI and whether or not you can work
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Questions and Answers
More Social Security Disability SSI Questions and Answers
Common Questions about Social Security Disability and SSI
Winning Social Security Disability or SSI Benefits
The SSI Disability Benefits Program
Medical exams for disability claims
Applying for Disability in various states
Social Security Disability SSI and Doctors - Yours and Theirs
Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Questions about Disability Lawyers and Hiring a Disability Attorney
Frequently asked questions about getting Denied for Disability Benefits
FAQ on Disability Claim Representation
Disability hearings before Judges
Selecting and hiring Disability Lawyers
Various Types of Benefits including SSI, Mental, and Child benefits
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Filing for Social Security Disability or SSI Benefits
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
Info about Social Security Disability Approvals and Being Approved
FAQ on Social Security Disability SSI decisions
The SSD SSI Decision Process and what gets taken into consideration
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
For Individuals living in North Carolina
Applying for Disability in North Carolina
North Carolina Disability Lawyer
Social Security Disability Lawyers - Fees and Representation Information
Social Security Disability Representation - Disability Lawyers and Representatives
Why does Representation increase the win ratio at a Social Security Disability or SSI Hearing?
Social Security Disability Issues and Representation
How does Social Security Disability Representation work?
Does Being Represented On A Disability Claim Win The Case Faster?
Who can provide disability representation in North Carolina?
Should you hire a Non-Attorney Disability Representative instead of a Lawyer? The Rationale for getting Disability Representation
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria
What are non-medical requirements and criteria for Social Security Disability?
How recent do medical records need to be for a SSD or SSI disability claim?