4 OUT OF 10 APPLICANTS EVENTUALLY GET SSDI BENEFITS

About 4 out of 10 persons who apply for Social Security disability will eventually get benefits.  That number includes those who appeal their denied claims all the way to a hearing with a judge.

 Social Security weeds out claimants who are not technically qualified, mostly persons who haven't worked enough or worked recently enough to be covered.  The rest are sent to state agencies called Disability Determination Services (DDS) for medical decisions.

 The DDS agencies will deny about 7 out of 10 claims on medical reasons.  They will find that the claimant's medical impairments are not severe enough to qualify for benefits.  These denied claimants may (and should) appeal the decisions.  This first appeal is called Reconsideration.  Only about 2 out of 100 will be approved at Reconsideration.

 Those denied at Reconsideration should appeal and ask for a hearing, which is the next step.  Here, the claimant goes to a hearing before an administrative law judge.  At the hearing, about 42 percent will be approved.

 Factors that contribute to winning a disability claim are:

 1.  Advanced age.  

  • 75 percent of winners are over age 50
  • 30 percent of winners are age 60 or over

2.  Severe medical problems, well documented. 

 3.  Have limited education.  Many persons who get disability benefits did not complete high school.

 4.  Are represented by an attorney or advocate who can develop and present a compelling case.

 Only about 25 percent of those awarded disability benefits are under age 50.  The rules certainly favor the older claimant.

 There was a noticeable drop in awards by administrative law judges at hearings after 2010.  In 2010 about 60 percent of cases that went before a judge got approved.  Today that rate has dropped to about 42 percent.

 Individuals who go to trial without representation face a poor chance of success, mainly because they don't know how to prepare their case, don't do a good job with getting convincing evidence and aren't familiar with the rules they must work with.  It's sort of like learning to land a 747 with just one try:  you learn a lot in the attempt but don't survive the crash.
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The Forsythe Firm is a Social Security disability advocate in Huntsville, AL.  Phone (256) 799-0297.  Free consultations.















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