what are the chances of winning a disability case with an attorney

VA Disability Appeal Success Rate Statistics (2020)

• 40.9% approved with an attorney
• 33.0% approved with VFW representative
• 31.7% approved with DAV representative
• 31.8% approved with AMVETS representative
• 26.2% approved with no representative

Full Answer

What are the chances of winning a disability appeal?

In fact, most people ultimately win their disability case on appeal, as opposed to getting the initial application approved. Your chances of success at the appeals level depends on the reason your disability application was denied in the first place.

What percentage of Social Security disability claims are won by claimants?

Nationally, about 47 percent of all cases at the Hearing Level are won by claimants. Bear in mind, this percentage is for ALL claimants whether or not they were represented by a lawyer at the Hearing Level. Studies have shown that claimants who are represented by a lawyer at this level have a better statistical chance of receiving benefits.

What are my chances of success at the appeals level?

Your chances of success at the appeals level depends on the reason your disability application was denied in the first place. If you were denied because you didn't meet the initial requirements for disability, you will also be denied at the appeals level, with some exceptions.

What percentage of disability cases are approved at the ALJ level?

Of the remainder, about 47% are approved at the ALJ Hearing level; Of the 53% of those cases that are NOT approved at the ALJ Hearing level and then appealed to the Appeals Council, 90% of the time the Appeals Council agrees with the ALJ’s denial of benefits.

What are the odds of winning a disability case?

Learn More: Appealing After A DenialStateInitial Approval RateAlaska60.7%Arizona60.7%Arkansas72.2%California70.0%47 more rows

What percentage of disability claims are denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

Why do I keep getting denied for disability?

You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

What disqualifies a person from disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

What is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

How many times can disability deny you?

The answer to the question, “How many times can you get denied for disability?” is there is not a limit established by the SSA for the number of times an applicant can submit a disability claim. However, the answer to the question, “How many times should I apply for disability benefits” should be one.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What are the most approved disabilities?

Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.

How do you know if your disability is going well?

Top Signs Your Disability Application Will Be ApprovedSubstantial Evidence of a Medical Condition. ... Proof of a Physical or Mental Impairment. ... Substantial Work History. ... Maintaining Employment Is Not Possible. ... You Hired a Lawyer. ... Contact Us.

How long can you stay on Social Security disability?

Social security disability benefits don't last forever – they will either be terminated by the Social Security Administration (SSA) or they will change to social security retirement benefits at age 66 or 67(depending on your current age)..

Does everyone get back pay for disability?

Answer. Almost everyone who is approved for disability gets backpay, whether the claim is for SSDI or SSI, or both. Backpay (past due benefits) are paid out in just about every single disability case.

Do most disability claims get denied the first time?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What are the most approved disabilities?

Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.

Do SSDI denials come faster than approvals?

To recap, there is no difference between the time frame for approvals and denials, and you have very little control over how long it takes, because it takes time for the Social Security analysts and representatives to collect evidence, obtain doctors' reports and evaluate the case.

What are the odds of winning a disability hearing?

Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.

How many chances of being approved for Social Security?

Statistically speaking, according to the Social Security Resource Center, you only have a 30% chance of being approved after your initial application is submitted. When you submit an appeal, that number decreases even further to 15% approved for reconsideration.

What happens if a DDS approves a request?

Any request that’s approved by the DDS is placed under extreme scrutiny. The quality control unit has to analyze every approved request. If the approval is deemed to be faulty, it will be sent back as a return, which is considered a black mark on the supervisor’s records. Quality control can deem a disapproved case approved, but the reverse is far more common. Because of this, supervisors often reverse approvals before cases even reach quality control. Cases that are denied initially are not put under the same scrutiny. Judges at hearings, on the other hand, aren’t subject to this at all and can act objectively.

What is disability based on?

Disability cases are based almost entirely on medical evidence. A lawyer by your side will be able to get the necessary evidence, such as medical records, as well as collect witnesses who can support your claims as extra ammunition for your case.

Can a disapproved case be approved?

Quality control can deem a disapproved case approved, but the reverse is far more common. Because of this, supervisors often reverse approvals before cases even reach quality control. Cases that are denied initially are not put under the same scrutiny.

Is disability compensation necessary?

Disability compensation is essential if your disability keeps you from working and making ends meet. Unfortunately, the Social Security Disability system is one of the most overworked systems in the country, so getting the compensation you need may be difficult. In fact, most people are denied their initial claim and forced to appeal at a hearing. You may ask, “What are my chances of winning a disability hearing with a lawyer in Los Angeles?” The short answer is, better than you might think.

How much will I earn in 2021 if I have SSDI?

You also need to prove that you are not meeting the Substantial Gainful Activity (SGA) of income per month. In 2021, that is $1,310. If you are earning more than that amount in a month, even if you have a disability, you are not eligible for SSDI benefits.

Why are SSDI applications denied?

Many applications for SSDI benefits or SSI benefits are denied because they do not have enough medical evidence to prove your disability claim. One of the main jobs of your attorney while preparing for the hearing with the ALJ is to gather all this necessary documentation.

What Are the Differences Between SSDI Benefits and SSI Benefits?

To qualify for SSDI benefits, you need to have a disability or a condition that satisfies the Social Security Administration’s (SSA) definition of disability:

When Is the Right Time in the Application Process to Hire an Attorney?

In many cases, people do not feel they need to hire an attorney to help them with the application process until they reach the third level — requesting a hearing before an ALJ.

What are the differences between SSDI and SSI?

There are some key differences in SSI benefits: 1 SSI benefits are paid out of general tax revenue and not out of Social Security taxes. 2 SSI benefits are designed to help individuals with a disability who have limited or no income and who have no assets above a certain level. 3 To be considered disabled for SSI benefits, you must meet the same conditions as SSDI benefits — you have not been able to work for the last 12 months or will be unable to work for the next 12 months or longer. 4 SSI benefits provide cash to meet basic needs like food, clothing and housing. 5 You can earn up to $750 a month on SSI benefits as an individual and up to $1,125 as a couple, but funds will be subtracted from your benefits if they meet the SSI definition of income. So if you were earning $200 a month in income as an individual, that amount would be subtracted from the $750 benefit total, and you would receive $550 in SSI benefits. 6 If you are eligible for SSI benefits, you may also be eligible for SSDI benefits. If you think you qualify for both benefits, this is an ideal situation where an attorney can help you determine how to proceed.

How long can I work with SSDI?

To be considered disabled for SSI benefits, you must meet the same conditions as SSDI benefits — you have not been able to work for the last 12 months or will be unable to work for the next 12 months or longer. SSI benefits provide cash to meet basic needs like food, clothing and housing.

What is an attorney?

An attorney understands your rights and knows how to persuasively argue for the benefits you deserve after your injury. They can cite the exact rules and laws which may be relevant to your case.

How many people do not hire an attorney for disability?

In fact, research shows that only 34 percent of those who do not hire an attorney are ultimately approved for disability benefits, but 60 percent of those who do hire an attorney are ultimately approved. This leaves over half of the claimants who asked for a hearing before an ALJ without benefits.

How many SSDI claims were filed in 2019?

By way of background, recent SSA statistics show that just over 2 million claims for disabled worker benefits were filed in 2019. These claims can be made under two provisions of the law: Social Security Disability Income or “SSDI” claims are made by people who have worked and paid into the system for a long enough time period to qualify ...

How much of the time does the Federal Court reverse ALJ decisions?

The Federal Court only reverses ALJ decisions and grants benefits about 2 percent of the time.

What happens if a case is denied at the reconsideration level?

If your case is denied at the Reconsideration level, the next step is to request a hearing before an Administrative Law Judge (“ALJ”). At this level (known as the “Hearing Level”), the odds of success go up significantly.

What is SSI claim?

Supplemental Security Income or “SSI” claims are made by people who have not worked and paid into the system, but who are without any significant assets or income so that they qualify. The benefit level for SSI recipients is usually lower than that for SSDI recipients.

What is the chance of approval at the reconsideration level?

On average, the chance of approval at the Reconsideration level is only 13 percent.

What is the next step in the SSA process?

The next step in the SSA’s process is called “Reconsideration.”

What happens if you are denied disability?

If you were denied because you didn't meet the initial requirements for disability, you will also be denied at the appeals level, with some exceptions . The Social Security Administration (SSA) sometimes finds that the claimant has failed to meet one or all of the following initial requirements:

Why are SSA applications denied?

Applicants are often denied simply because they failed to provide the SSA with enough information to support a favorable decision. To increase your chances of an approval at the appeals level, you must make sure that the SSA has a complete medical history dating back to when you first became sick. Examples of the information you need to provide the SSA are:

How long does it take to get a hearing for a reconsideration?

If your reconsideration is denied, it is important to request a hearing by the deadline stated in your denial letter (60 days after receipt of the letter); otherwise you will be required to start the application process from the beginning. For most medical conditions, the most important item to provide to the SSA is the last one on the list, ...

Why do disability lawyers have a higher approval rate than disability applicants?

For example, not many average disability applicants know anything about disability impairment listing criteria, vocational guidelines, or past work, or how social security decides that a claimant has the ability to perform other types of work.

What is the benefit of having a disability attorney?

By obtaining a copy of the social security file and reviewing the prior decisions that were made at the disability application level and reconsideration appeal levels, a disability attorney can A) identify discrepancies and inadequacies in the development of the case and B) ascertain the strength of the medical record that was available to the disability examiners who previously handled the case .

How does a disability lawyer help an individual?

Frankly, in many instances, the only way a disability lawyer or representative helps an individual at these levels is by making make sure that the claimant files their appeal paperwork timely, respond to requests for information, and helps to make sure that their client remembers to attend consultative medical examinations. ...

Can a judge grant an on the record decision?

Finding errors in prior decisions can sometimes lead a representative to requesting an on-the-record decision from an administrative law judge. On-the-record bench decisions may be granted in cases where it is fairly obvious to the judge that the claim should be approved and benefits awarded , making the time-consuming process of scheduling and holding a hearing unnecessary (which can shave many months of time from a case).

Do I need a lawyer for Social Security Disability?

initial disability claim, reconsideration appeal, request for administrative law judge hearing, appeals council review request, and federal court), however claimants do not have to have a disability lawyer or representative during any of these disability claim levels. So why should a disability applicant consider a disability lawyer or Social Security Disability representative?

What Are My Chances of Winning at the Appeals Council Level?

The Social Security Administration reports that on average, this is how Appeals Councils decisions end up :

What are the reasons for appeal?

There are some common reasons why the Appeals Council would remand or award benefits in a case. These include situations where: 1 The ALJ ignored an important medical condition. For example, if you had been diagnosed with depression and the ALJ failed to even discuss this condition in the decision, or failed to find it to be a significant or "severe impairment," then this could be a basis for appeal. 2 The ALJ failed to discuss the opinion of a treating or examining doctor, or failed to give the opinion any weight. For instance, your treating doctor said you were limited to two hours of walking and standing each day but the ALJ failed to mention this opinion in the decision. 3 There was no vocational expert (VE) at the hearing. If the ALJ denied you disability benefits on account of there being other work you can do (besides your past work), but there was no VE at your hearing, your case should be remanded to a new hearing so that a VE can be present for questioning. 4 There is additional evidence that the ALJ did not consider. If there are any medical statements or evidence about your disability that the ALJ did not consider in the hearing decision (especially any opinions from doctors), then you should send that evidence along with the Form HA-520.

What form do you send to an ALJ for disability?

If there are any medical statements or evidence about your disability that the ALJ did not consider in the hearing decision (especially any opinions from doctors), then you should send that evidence along with the Form HA-520.

Can an ALJ make a legal error?

Of course, it can be difficult to know when and how the ALJ made a legal error. An experienced disability attorney will know which errors the ALJ may have committed and what new evidence should be submitted to help your case, so you should consider hiring a lawyer to help you with this type of appeal.

Can the Appeals Council review an ALJ decision?

The Appeals Council can also independently decide to review a favorable ALJ decision and then issue a new decision that is partially or fully unfavorable.

Can you be remanded to a new hearing if you have no vocational expert?

There was no vocational expert (VE) at the hearing. If the ALJ denied you disability benefits on account of there being other work you can do (besides your past work), but there was no VE at your hearing, your case should be remanded to a new hearing so that a VE can be present for questioning.

A Baltimore SSI Lawyer Can Help Increase Your Chances of Winning Your SSD Case

If you have a disability that makes it so you cannot engage in substantial gainful activity, contact an experienced Baltimore SSI lawyer for help evaluating your case to determine if you may likely qualify for benefits.

Need Help Getting Social Security Disability Benefits Approved? Contact a Baltimore SSI Lawyer Today for a Free Consultation

Applying for Social Security disability benefits is often a difficult task, and sadly, most disability applications are denied the first time around. If you would like to increase your chances of having your disability application approved, contact a Baltimore SSI lawyer at the Law Office of Emmett B.