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...
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?
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, especially in light of the fact that they may...
[Infographic] Do disability hearing win rates vary by state? What is the
biggest factor influencing my state’s SSDI approval odds?
Let me start by saying that in December of 2017, the Government
Accountability Office (“GAO”) published a study which found that claimants
who had representatives were awarded benefits at a nearly 3 times higher
rate than those without representatives.
“What are the odds of winning my disability claim?” is a question I am
often asked. My response is always, “It depends.” I recognize that this
answer is not helpful, but it does depend on a lot of factors.
If you need to apply for Social Security Disability benefits, one of the
first decision you’ll need to make is whether or not you want someone to
represent you.
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.
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.
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.
Browse our SSDI resource library to find clear answers and determine if you qualify for up to $3,148/month in SSD benefits.