how likely is it to get approved for ssdi if you have a lawyer at the reconsideration stage

by Lisandro Conroy DDS 7 min read

When a claimant is represented by an attorney or an advocate, the odds of being approved for benefits increases to about 60%. The chances of being approved for benefits on the reconsideration level are impacted by several different things. Can you prove that your condition has continued to worsen over time?

about 60%

Full Answer

What happens at a Social Security disability reconsideration?

When the claim makes it to the hearing level, more than half of the claims are approved nationwide. When a claimant is represented by an attorney or an advocate, the odds of being approved for benefits increases to about 60%. The chances of being approved for benefits on the reconsideration level are impacted by several different things.

When should you hire a Social Security disability lawyer?

In addition, a disability lawyer can help you skip the hearing and go straight to an approval if you are eligible for an on-the-record decision. If you want to appeal a denied Social Security Disability claim and are considering hiring a representative, read our article on how a disability lawyer will handle your claim or arrange a free ...

How does the SSA decide if a disability claim is approved?

Mar 15, 2016 · For their work on your SSDI or SSI benefit appeal, attorney fees are capped at $6,000 or 25 percent of the back pay you would receive during an appeal, whichever total is lower. As you can see, hiring an attorney to work with you makes sense in terms of improving your chances of winning your application and financially as well.

What are the chances of Social Security disability approval?

Then, it usually takes about 3 to 6 months for a Reconsideration to be processed, but it can sometimes take more. If the claims examiners find that you should have been approved, that your denial was mistaken or inappropriate, you will be awarded your benefits. However, this is rare – only 12% to 15% of applications are approved at Reconsideration.

What are the odds of winning a SSDI appeal?

70.0%Learn More: Appealing After A DenialStateInitial Approval RateAlaska60.7%Arizona60.7%Arkansas72.2%California70.0%47 more rows

What are the chances of winning a disability reconsideration?

On average, the chance of approval at the Reconsideration level is only 13 percent. This means that only in 13 percent of the cases that are originally denied, DDS reverses the denial into an approval. The rest are denied a second time.Feb 18, 2020

What are the chances of getting approved for SSDI the first time?

On average, 35% of claimants get approved on the first application, 10% get approved if they appeal a denial of their application which is called a reconsideration, and approximately 50% get approved during an Administrative Law Judge hearing.

How long does a SSDI reconsideration take?

between three to five monthsOn average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

Why is SSDI reconsideration taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied.

Can your SSDI be taken away?

SSDI benefits are only awarded to people who meet the SSA's definition of disabled. If the SSA believes you no longer meet the definition of disabled, they will terminate your SSDI benefits immediately.Jun 5, 2020

Is it normal to be denied disability first time?

Home » Frequently Asked Questions » Does Social Security Disability Deny Everyone the First Time They Apply? No, the Social Security Administration (SSA) does not deny everyone the first time they apply.

What is the most approved disability?

Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.Dec 16, 2021

How many Social Security 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.

Why are most disability claims denied?

The most basic fact of the SSA disability process is simply that most cases will be denied, often because there wasn't enough medical evidence to prove the case, forcing claimants to go through the disability appeal process. Disability claimants should never resign themselves to giving up on an SSDI or SSI claim.

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.Dec 17, 2020

How long after I receive my award letter will I get my money?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter.Feb 1, 2022

What Are My Chances of Winning During Reconsideration?

If you have applied for Social Security Disability and received a preliminary denial of your claim, you are most likely wondering what your odds of for approval at the reconsideration stage. Most claims receive an initial denial, and several things are considered when you move on to an appeal.

Odds of Approval on the Reconsideration Level

According to the Social Security Administration (SSA), 85% of reconsiderations are denied benefits. The reconsideration level is after you have initially been denied and you file an appeal asking them to reconsider your claim. When the claim makes it to the hearing level, more than half of the claims are approved nationwide.

How Can I Improve My Chances of Having My Claim Approved?

Your best way to improve your odds of getting disability benefits approval is to keep getting medical care and make sure Disability Determination Services is aware of any new medical visits and procedures. Keep Disability Determination Services aware of your situation and make sure you get copies of medical reports to the right person at the SSA.

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

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.

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 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.

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.

What is the difference between SSI and Social Security?

There are some key differences in SSI benefits: SSI benefits are paid out of general tax revenue and not out of Social Security taxes. 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.

How long can you work if you are disabled?

You need to prove that your disability or your illness has prevented you from working for either the past 12 months or will prevent you from working for 12 months or longer .

What to do if the appeals council denies your application?

5. Federal Court. Finally, if the Appeals Council still denies your application, you can file a lawsuit with the federal court. You should note, however, that at this final stage of the appeals process, you are required to start paying court fees to file your suit.

What Happens at Reconsideration?

When an Initial Application has been denied, the applicant has 60 days to notify the Social Security Administration that they want to have their application Reconsidered. Then, it usually takes about 3 to 6 months for a Reconsideration to be processed, but it can sometimes take more.

Reasons to Keep Fighting

The chances for receiving benefits are far greater with appeals than just walking away, which is guaranteed to end with no benefits. Many people will just give up after their first denial of benefits.

Should I Just Re-File A New Application?

Many people make the mistake of filing a new application after their first application was denied, while they’re still within the time window for an appeal. Others don’t act quickly enough to take advantage of the appeal option, and thus are forced to file a new application after the right to appeal has expired.

Reconsideration, and Appeals In General, Make More Sense

People who continue with the appeals process and have representation (such as from advocates like Citizens Disability) are much more likely to eventually have their benefits approved at some point during the appeals process.

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.

How to contact a disability lawyer in North Carolina?

Please call 1-800-525-7111 for a FREE consultation with an experienced North Carolina disability lawyer. There are no upfront costs and no attorney fees unless we win your claim or appeal and you receive disability benefits. Call 1-800-525-7111 today and let’s discuss your case. The consultation is free and there is no obligation.

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.

How many disability claims are filed each year?

Around 2 million disabled worker claims for disability benefits are filed each year with the Social Security Administration; About 70% of those claims are denied at the Initial Application level; Of the remainder, about 47% are approved at the ALJ Hearing level;

Where to file a lawsuit for a claim that is denied by the Appeals Council?

If a claim falls into that 90% of cases reviewed but denied by the Appeals Council, the next step in the process is to file a lawsuit in the United States District Court (“Federal Court”) for your geographical area.

Why is disability denied?

There are many reasons for the disapproval of disability claims, such as insufficient information or supporting documents with your application, or that the Social Security Administration (SSA) believes your disability is not one that qualifies for benefits.

Which state has the highest approval rate?

The average percentage of approvals can also vary widely from state to state, especially at each stage of appeals. For example, Hawaii and Utah have the highest approval rates at ALJ hearings, while Alaska and Kansas have – by far – the lowest hearing approval rates.

How long do you have to be out of work to get SSDI?

1. Ideally, you should have already been out of work for five months or more when you apply for SSDI. If you work up until the day you submit your disability benefits application, the SSA will almost certainly reject it.

What age do you have to be to get SSDI?

(According to the SSA, that usually means you haven’t turned 65, 66 or 67 yet, depending on your birth year.)

How many hours can you work if you are disabled?

Your disability must specifically make you unable to perform your usual job duties regularly for 40 hours a week. This is one of the trickier disability secrets, since some jobs are easier to do than others once you’re disabled.

Can you work full time if you are disabled?

That’s because you must prove that you cannot work directly as a result of your disability to qualify for benefits. In some cases, you can show that it was difficult to work full-time because of your disability.

Can I receive Social Security and SSDI at the same time?

Here’s one of the little-known disability secrets: You cannot receive SSDI and Social Security retirement checks at the same time.

Can I get SSDI if I can't work?

Disability Secrets for Getting Your SSDI Benefits Claim Approved. Getting approved for disability benefits isn’t easy, especially if your condition isn’t visibly severe or terminal. But if your disability makes you unable to work, you can apply for benefits through the federal government’s SSDI program.