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 odds of a judge giving you a disability denial?
The odds of being approved for disability or denied for disability by an administrative law judge will vary depending on several factors. One of those is the judge. Some ALJs have higher rates of approval than others and some ALJs are notorious when it comes to how many claims (including solid claims with substantial medical evidence) they turn down. Unfortunately, there is little a claimant, or a claimant's attorney can do about the judge that is assigned to their case.
However, what can be done is this: presenting a claim before the administrative law judge in a prepared and professional manner. This means having familiarity with the facts of the case (including records that were previously submitted and the basis for prior denials), having an acute understanding of how Social Security Disability and SSI claims are decided, and having provided whatever additional medical record documentation is required for the hearing.
Doubtless, some federal disability judges are apt to take a dim view of claimants who show up poorly prepared for their own disability hearings.
Another factor that will affect the outcome of a case will simply be the strength of the case itself. What determines how strong a case is? The medical records that constitute the evidence for the case. Unfortunately, in many cases, the records will be weak because they will fail to establish the claimant's physical or mental limitations (medical records tend to lack detail when it comes to delineating a person's functional capacity).
One way to get around this, of course, will be for the claimant (in actuality, usually the claimant's social security attorney) to obtain a supporting statement from their treating physician, i.e. a doctor who has some history of providing medical treatment to them and who is therefore qualified to comment on their prognosis and limitations.
What are the actual odds of receiving a disability denial from a judge at a disability hearing. Recent statistics indicate that, for all types of cases and all ages of claimants, more than sixty percent of hearings result in an approval of disability benefits.
However, children's cases tend to be denied more heavily than adult cases (children often have conditions, such as asthma and seizure disorder, which improve as they get older), so we can likely conclude that adults will have a better than sixty percent chance of winning benefits.
Furthermore, it is an established fact that claimants who go to hearings represented by counsel are more likely to win disability benefits as well. To some small extent, this may be because judges give more credence to cases in which the claimant has obtained representation.
However, the higher win rates for represented claims probably have much more to do with the simple fact that a claim involving an experienced social security attorney will be more likely to be properly prepared, meaning that the attorney will have spent time analyzing the case, the factors leading to the case being denied at earlier levels, and obtaining additional medical evidence, including medical source statements from the claimant's treating physician (or treating physicians if the claimant has multiple doctors).
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?
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?
If you apply for disability in Mississippi
Getting a Disability Lawyer in Mississippi
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.