Social Security Disability Resource Center

Winning at a Social Security Disability Hearing




 
It can take well over a year after requesting a disability hearing for your case to be heard before an administrative judge. In addition, if you are at the stage where you have requested a hearing, you have most likely already waited many months to receive a decision at the two lower levels of consideration, the initial claim and the request for reconsideration appeal with disability determination services.

All of this adds up to a lengthy, often financially disastrous period of time without benefits for an individual who is unable to work. It is important, then, that when your case finally comes before a judge, you have an idea of what the odds are that you will win your case.

The good new is that a claim for disability is more likely to be approved by a judge at a disability hearing than by a disability examiner working for your state disability determination agency (while disability claims are taken in local social security office, in each state they are sent to a DDS, or disability determination services agency for processing). Statistics show that those filing for social security disability (SSD) or SSI benefits are far more likely to be approved when they use the appeals process than when they start over with a new claim.

Although the rate of disability approval does vary from state to state, approximately 50 percent of all cases heard at social security hearings before an administrative judge are approved. This is a composite number. The actual breakdown, according to federal statistics, is that approximately 40 percent of unrepresented claimants will win at a hearing while as much as 62 percent of claimants will win benefits following a hearing.

Older applicants fare best at this level, because the grid used to determine a personís ability to obtain suitable employment or to learn a new trade tends to support the fact that fewer job options are available to those 50 and older. Having said that, though, younger individuals are equally likely to win their claims as long as their medical records establish that they have severe limitations (of a physical or mental nature, or both) that rule out their ability to perform their past work or any other type of work that their education and skills might suit them for.

Even when a claimant is capable of representing their own case at a hearing, some judges are simply more likely to seriously consider evidence when it is presented by a lawyer. Unfortunately, disability decisions, like all decisions made by human beings, are not entirely objective.

If it was just a matter of reviewing the evidence without some level of interpretation, then your claim would be either approved or denied, and there would be no need for an appeals process. If you make sure that when your case comes before a judge it is presented in the best, most professional light possible, you can only increase the odds of winning at a disability hearing.

Continue to Part 2: Preparing for a Disability Hearing to Win Social Security or SSI Benefits








  • Index of Social Security Disability SSI Questions and Answers

  • 56 Answers to Social Security Disability SSI Questions







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability and SSI Back Pay Benefits

    Social Security Disability SSI and whether or not you can work

    How long does it take for Social Security Disability or SSI?

    Social Security Disability SSI Awards and Award Notices




    Tips, Mistakes, How to Qualify, and How to Win Disability

    Tips and Advice for Social Security Disability and SSI Claims

    Common Mistakes to avoid after being denied for Disability

    Disability Qualifications and How to Qualify for Disability Benefits

    Winning Social Security Disability or SSI, How to Win




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Social Security Disability and SSI Appeal Process - How to file appeals

    Questions about Disability Lawyers and Hiring a Disability Attorney




    Various Types of Benefits including SSI, Mental, and Child benefits

    SSI Disability Benefits, Questions and Answers

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Information to start with regarding Disability Claims

    An Overview of Social Security Disability and SSI

    What is considered a Disabling condition by Social Security?

    The Disability Requirements to be eligible for SSD and SSI Benefits




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability and SSI Applications

    Social Security Disability SSI List of Conditions and Impairments

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI



    The SSDRC Disability Blog




    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina








    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?
    How do I request a social security disability hearing - How do I file?
    Requesting a Social Security Hearing when you have a Disability Representative or Attorney
    How long does a request for a disability hearing appeal take?
    What are the odds of a judge giving you a disability denial?
    What is a Social Security administrative law judge disability hearing?
    What is the time frame for a judge to make a decision for a disability hearing?
    How should I prepare for a disability hearing with Social Security?
    What are the questions that get asked at a social security disability or SSI hearing?



    Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

    Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | 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 | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


    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