Win SSDI Hearing

Q: Do I qualify for Social Security disability benefits?

In order to qualify for SSD benefits, you must satisfy both a non-medical and a medical test. In order to satisfy the non-medical test , you need to have worked in a covered job long enough to accumulate enough work credits. The second test, the medical test, requires you to have a condition(s) that satisfies the Social Security Administration’s (“SSA”) definition of disability and has lasted or is expected to last at least 12 consecutive months. Generally speaking, this program will provide you with a monthly benefit in the event that you become unable to work.

Q: What are my chances of winning a disability appeal?

There are two types of disability appeals: Appeals Council Repeal and Federal Appeal Appeals Council Repeal Claimants are awarded approximately 1% of the time at this level. An additional 9% of claimants have their case remanded (sent back) to the original ALJ who made the hearing level denial. These remands may be for further development on a particular issue or to correct a procedural error made in the hearing level decision. Generally speaking, judges do not like to have another judge tell them that they made a mistake. Hearing level ALJs will often just re-deny appeals council remands. As a result, having your claim remanded is not always the best result. The goal at this level is often to get denied, which allows a claimant to appeal in federal court. Federal Appeal At this level, you are suing the Social Security Administration in Federal Court. The odds of winning at this level are approximately 2%, which is hardly better than at the Appeals Council. Federal judges; however, remand (send back) approximately half of these claims for a further evaluation of issues that were improperly considered at the prior hearing.

The best way to explain the SSA review process is to look at it as a 2-part test. The first part is the "non-medical eligibility requirements" and the second part would be the "medical eligibility requirements".

Comparing Social Security Disability Win Rates By State

[Infographic] Do disability hearing win rates vary by state? What is the
biggest factor influencing my state’s SSDI approval odds?

SSA Grid Rules Explained By Disability Attorney

Every decision-maker goes through a 5-step evaluation process when deciding
whether or not an individual is “disabled” as defined by the SSA.

Do I Need a Disability Lawyer?

No, you do not necessarily “need” a Social Security Disability lawyer. You can spend time learning the laws and regulations associated with the disability process and you can successfully navigate the disability process yourself. If you are detail...

Does your mental disorder qualify for disability benefits?

What Is Considered a Mental Health Disorder? Mental health disorder is a term used to refer to a wide range of mental health conditions. These illnesses can affect mood, thinking and behavior. Mental health disorders are extremely common among the pool of disability...

Getting Approved for Disability the First Time

Almost every Social Security Disability claimant ask the question, “what are my chances of winning”. No one know the answer. Despite this fact, we can look at overall win rates. It is important to keep in mind, that these are just general percentages. These...

SSA Disability Determination Process Explained [Video]

The best way to explain the SSA review process is to look at it as a 2-part test. The first part is the “non-medical eligibility requirements” and the second part would be the “medical eligibility requirements”.

Is Social Security a State or Federal Program

The Social Security Disability Insurance and Supplemental Security Income disability programs are both Federal programs. They are actually the largest of several programs administered by the federal government that provide some sort of assistance to individuals with...

Best States for SSDI Approvals

SSDI and SSI approval rating by Administrative Law Judge varies drastically by state. Hawaii has an approval rating of 73% while Kansas has an approval rating at 38.5%. Approval Ratings Vary by Hearing Office Within each state, approval ratings vary drastically by...

Is SSDI Quality Review Good or Bad?

Forgive this lawyer like answer….It depends. The Office of Quality Review (OQR) conducts Quality Reviews by pulling random disability determinations to ensure the record supports the determination and the evidence and the determination conform to SSA operating...

How Much Does a Disability Lawyer Cost

Usually, if you win your claim, you will end up paying a disability lawyer 25% of your past due benefits. The amount you pay cannot exceed $6,000. Because Social Security Disability Attorneys work on a “contingency basis”, claimants are not required to pay anything...

Chances of Winning Disability Benefits

The ultimate outcome of an initial application for either SSDI or SSI benefits has varied over time. SSDI Win Rate is Declining Steadily Unfortunately, the trend is not in our favor as the award rate has seen a steady decline from 2010-2018 having gone from 37.6% of...

List of Questions Asked at a Disability Hearing

At your disability hearing, you will be asked questions. Sometimes the questions are asked by your judge and sometimes the judge will have your attorney ask questions. Generally speaking, the questions are the same no matter who asks them. The goal of these...

How Do I Find My Disability Hearing Office?

Disability Hearing FAQs- So many questions must be running through your head. How long will it take to get a hearing? What day and time will my hearing take place? Where will it take place?

Do 100% P&T vets automatically get SSD?

Both Social Security and VA pay disability benefits. Although they are both federal programs, they are very different in terms of their process and criteria for receiving benefits.

Will Income from my Spouse Affect My SSDI Benefits?

Will Income from my Spouse affect My Social Security Disability Insurance(SSDI) Benefits? No. Spousal earnings do not impact SSDI benefits. SSI vs. SSD regarding Spousal Income Your spouse’s income only matters for SSI. There is a difference between SSI and SSD. If...

Can Part-Time Work Impact Winning Disability Hearing?

SSDI Advice on Winning Disability Hearing Let me start by saying, “disability benefits are not guaranteed”. I would never advise someone to not work if it results in them having an undue hardship like going hungry, having the power turned off, or being homeless,...

Disability Questionnaire

Apply for a Free Disability Claim Consultation Disability Qualification has partnered up with the best Disability Specialists to provide you with claim assistance at no out-of-pocket cost to those that qualify. Important: Please read the questions carefully and answer...

SSI vs SSD: Are they the same thing?

Supplemental Security Income (SSI) and Social Security Disability Insurance
(SSDI or SSD) are both programs that are administered by the Social
Security Administration (SSA).

Social Security Disability and SVP

Specific Vocational Preparation (SVP) is used to define the amount of time
required for a typical employee to learn the techniques, acquire the
information, and develop the facility needed for average performance in a
job. SVP can be acquired in school, the military or at the work place.

SSA Grid Rules: Age as a Factor

Will I Be Found ‘Disabled’ Based On My Age? “Age”, in the world of Social Security Disability, is defined as one’s chronological age, but one attains a particular age the day before his or her birthday. Age becomes a factor in the determination of disability at step 5...

SSA Grid Rules: How Education Level Affects SSDI

In order to be found ‘disabled’ under the Social Security Disability
program, you need to be unable to perform any work. Congress has
recognized, however, that as an individual ages, it becomes more difficult
for them to learn new skills and, and as a result, learn different types of
work. SSA has accounted for this fact in it’s rules and regulations by
implementing a set of rules commonly referred to as the grid rules.

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Frequently Asked Questions

Do I qualify for Social Security disability benefits?

In order to qualify for SSD benefits, you must satisfy both a non-medical and a medical test.

In order to satisfy the non-medical test, you need to have worked in a covered job long enough to accumulate enough work credits.

The second test, the medical test, requires you to have a condition(s) that satisfies the Social Security Administration’s (“SSA”) definition of disability and has lasted or is expected to last at least 12 consecutive months.

Generally speaking, this program will provide you with a monthly benefit in the event that you become unable to work.

What are my chances of winning a disability claim?

The response is always, “It depends.” The table linked here shows the average chance of winning a disability claim at each level of the process.

What are my chances of winning a disability appeal?

There are two types of disability appeals: Appeals Council Repeal and Federal Appeal

Appeals Council Repeal
Claimants are awarded approximately 1% of the time at this level.

An additional 9% of claimants have their case remanded (sent back) to the original ALJ who made the hearing level denial. These remands may be for further development on a particular issue or to correct a procedural error made in the hearing level decision. Generally speaking, judges do not like to have another judge tell them that they made a mistake. Hearing level ALJs will often just re-deny appeals council remands. As a result, having your claim remanded is not always the best result. The goal at this level is often to get denied, which allows a claimant to appeal in federal court.

Federal Appeal

At this level, you are suing the Social Security Administration in Federal Court. The odds of winning at this level are approximately 2%, which is hardly better than at the Appeals Council. Federal judges; however, remand (send back) approximately half of these claims for a further evaluation of issues that were improperly considered at the prior hearing.