Social Security Disability Claims

Disability is more common than most Americans believe. According to the Social Security Administration (SSA), nearly 25% of U.S. workers who are currently 20 years old will become disabled before reaching retirement age. Today, more than 8 million former U.S. workers receive Social Security disability benefits.

Unfortunately, many of those who receive benefits have to fight hard for them. While an application for Social Security disability could be (and occasionally is) approved in just a few months, many take multiple layers of application and appeal.

About Social Security Disability

Who is Covered by Social Security Disability?

The vast majority of U.S. workers are eligible to apply for Social Security disability benefits. The determination hinges almost entirely on the medical information provided and the disabled person’s ability to show that they medically fulfill the criteria set forth by the SSA. The amount of benefits is based on past earnings and Social Security contributions made through payroll deductions or self-employment taxes.

How Does the Social Security Disability Application Process Work?

A Social Security disability claim begins with an application filed with the SSA. Unfortunately, most applications are denied at this stage. Though the approval rate varies somewhat from state to state, typically 60-70% of initial applications are denied. A lot of people who are denied at the initial application stage drop out, but that’s often a mistake. Approval rates are much better for those who stick it out and proceed through the levels of review.

In most states, the next step is a request for reconsideration. Reconsideration is sort of like a do-over of the initial application. A different person takes a fresh look at the application and makes a new determination.

If the application is still denied at the reconsideration stage, the next step is a hearing before an administrative law judge (ALJ). This is where approval rates start to improve significantly, because the applicant can appear with an attorney, submit additional information, and even present witnesses. You aren’t required to hire an attorney, even at this stage. But, you will be expected to know and comply with the procedural rules and present evidence effectively. An experienced Social Security disability attorney can help to build the strongest case possible in your circumstances, and ensure that important evidence is gathered and presented clearly and appropriately.

If the application is still denied at the ALJ stage, there are two remaining possibilities. First, the applicant can request an Appeals Council review. The Appeals Council determines whether or not review is warranted. If the Appeals Council declines to review the determination or decides against you, the final step is to appeal to the federal District Court.

Give Yourself the Best Chance to Succeed

Social Security disability claims are more likely to ultimately be approved when the applicant stays the course and moves through the levels of review. But, many drop out early in the process. That’s understandable, as the initial denials may be discouraging and the process gets more complicated as the applicant moves from step to step.

An experienced Social Security disability attorney can take the procedural complexities off your plate, assemble the type of evidence that the SSA is looking for, prepare you for any hearing you must participate in, and guide the process for you. Social Security disability attorneys are paid on a percentage basis, so you don’t have to worry about attorney’s fees up front.