How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

What are the chances of winning disability benefits through an appeal?

There are no statistics to reveal exactly what the chances of winning disability through an appeal actually are. However, as you appeal your claim through the Social Security Disability and SSI process your chance of winning disability benefits may improve.

The first appeal level is a reconsideration appeal. Basically, the reconsideration appeal involves a review of the initial disability determination. The only difference between this level and the disability application is that the reconsideration is sent to a different disability examiner for a decision. All of the same guidelines are used for the decision and there is very little flexibility.

If the first disability examiner made no errors according to Social Security Disability guidelines, there is very little chance that the reconsideration appeal will result in winning your disability benefits. In fact, the reconsideration appeal has an approval rate of only ten to fifteen percent.

At this point it is important not be become discouraged. Your reconsideration appeal denial clears the way for an administrative law judge disability hearing appeal. Unlike the reconsideration appeal, the hearing appeal offers you the best chance of winning your disability benefits.

The national disability hearing approval rate is about sixty-five percent, which is very high considering that about ten percent of administrative law judge hearing appeals are dismissed for reasons other than denial.

The reason so many disability applicants win their disability benefits at a hearing is there is more flexibility with regard to the criteria used to establish disability. Administrative law judges are not bound by the same rigid disability determination criteria that disability examiners have to use for their disability determinations.

An administrative law judge can take many other things into consideration when making their decision. And, while they basically adhere to disability guidelines established in the Social Security Disability handbook and vocational guidelines, they use their own judgment and interpretation to make their disability determination. Because of this flexibility in their decision making process, many disability applicants win their disability benefits at this appeal level.

There are two other levels of appeal after an administrative law judge disability hearing. If your disability hearing is denied, you can appeal their decision with an Appeal Council Review request.

In the past, you were allowed to file an Appeals Council Review appeal and file a new disability claim at the same time. The reason for this was that most often Appeal Council Reviews do not lead to an approval for disability. However, Social Security has recently changed their regulations making disability applicants chose one or the other. At this juncture, you or your representative will have to determine which of these options offers you the best chance of winning your disability benefits.

Overall, the chances of winning your disability benefits through an appeal are fairly good. The trick to winning disability through an appeal is to make sure you appeal all denials and that you file your appeals timely.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

The Levels Of The Social Security Disability and SSI Application and Appeal Process
How does the Social Security Disability Appeal Process work?
Is it better to appeal or file a new claim if your disability is denied?
How Long Are You Given To Appeal Your Social Security Disability Denial?
How Long Does a Social Security Disability or SSI Appeal Take?
Will I be approved for disability on my appeal?
What Happens If I Miss My Social Security Disability Appeal Date?
How Do I Find Out How My Disability Appeal Is Going?
Can You Work While You Appeal Your Social Security Disability Decision?
How Long Does It Take To Get SSDI If You Have To Appeal?
If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
Winning a Social Security Disability Appeal or SSI Appeal
Help filing for disability benefits with Social Security
Applying for Disability in Missouri
Will I qualify for SSI disability in Missouri?
Applying for SSI benefits in Missouri

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.