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

Disability Hearings - how many are won?

The second level of the Social Security Disability appeals process is a hearing before an administrative law judge. Statistically, most disability claims for either Social Security Disability or SSI are won at the at the disability hearing level. You may be wondering what makes the Social Security hearings appeal level more favorable toward the disability applicant than either the disability application or the first appeal, the reconsideration.

There are actually a couple of things that make the disability hearings appeal level more favorable to Social Security Disability claimants and SSI claimants.

The disability hearings level is the only time you will meet and be able to speak in person to the individual who is going to adjudicate, i.e. make a decision on your disability claim. This can make quite a difference in the process and because of this you will cease to be simply "a file". The judge will have the opportunity to question you and your disability attorney about your medical treatment history and your work history. And, likewise, you will have the opportunity to provide immediate answers and provide information regarding your condition and how it has affected your ability to work.

Additionally, this person (the administrative law judge) has the power to be more lenient in their interpretation of Social Security Disability rules and guidelines while making a disability decision than the previous initial claim or reconsideration appeal levels (decided by a disability examiner at a state agency usually known as DDS). About half of all the disability claims that reach an administrative law judge hearing are an allowance, meaning they are approved.

The next question that may come to mind is “Do you have to have a representative to win your disability claim?”. The simple answer to the question is no you do not have representative. However, if you want to win your disability claim it may be wise to hire a representative.

More Social Security Disability and SSI claims with representation are won at the administrative law judge hearing; moreover statistics suggest that an average of sixty percent of the disability claims with representatives are won, and that some representatives win anywhere from seventy to ninety percent of their disability hearings.

How can disability attorneys win such a high percentage of the cases they handle? Simply because it is easier for your representative, who knows the inner workings of the Social Security Disability process, to present the facts of your disability claim in a manner that is most favorable to your winning Social Security Disability or SSI disability benefits.

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:

Will a Social Security Judge give You an Immediate Decision at the Disability Hearing?
Basic Facts about the Administrative Law Judge Social Security Disability Hearing
Are the Chances of Winning Disability Benefits Higher at a Social Security Hearing with a Judge?
Winning at a Social Security Disability Hearing
Social Security Disability Hearings - what to expect
What happens when you go to a Social Security Disability hearing?
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
Presenting evidence at a Social Security Disability or SSI hearing
How Long Does It Take To Get The Results Of A Disability Hearing?
Do Most People Have To Go To A Disability Hearing in order to Get Approved For Disability?
Can you be approved for disability without having to go to a hearing?
Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
Vocational expert at a disability hearing - what is this?
Social Security Disability Hearings - What is the ALJ
Will I qualify for disability Benefits in Wisconsin?

If you apply for disability in in Wisconsin

Getting a Disability Lawyer in Wisconsin

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.