what are chance of getting disability with lawyer after waiting 3 years

Should I hire an attorney to help with my Social Security disability claim?

All told, he waited over three years to get benefits. During that time, he lost his medical insurance and his house, and had to sell many of his belongings. Fortunately, almost everyone who ends up getting approved for disability benefits will get a large back-payment check when their benefits finally start. SSI recipients can get backpay going back to the date of their application, while …

What are the chances of getting approved for disability benefits after a hearing?

And if you really want to increase your chances of success, seek the help of an experienced disability lawyer. Readers who had an attorney's help at some point in the process were nearly twice as likely to be approved for benefits as those who represented themselves—60% for those with lawyers compared to 33% for those who went through the process on their own.

What are the odds of my disability application being approved?

The Advantage of Disability Lawyers The most important reason for the higher average approval rates at the hearing stage is likely that far more applicants hire lawyers at this point in the process. While only a third of our readers (33%) had an attorney's help with the initial application, nearly three-fourths (71%) had legal representation at ...

What are the chances of a disability claim being denied?

Oct 26, 2020 · You can earn a maximum of four credits per year. Typically, you need 40 work credits to be eligible for social security disability benefits, 20 of which must have been earned in the 10-year period ending at the start of your disability. So, if you apply for disability in 2020 but became disabled in 2018, you must have earned 20 work credits in ...

What are the chances of getting approved for disability?

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 it take to get your first disability decision?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

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 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.

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How do I pass a continuing disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.Apr 22, 2020

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...•Oct 20, 2019

Why is it so hard to get on disability?

#1: Lack of Hard Medical Evidence Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.Aug 10, 2018

Why does Social Security disability get denied?

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).

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

What medical conditions qualify for long term disability?

Some of the medical conditions that may qualify for long-term disability benefits include:Bipolar disorder.Cancer.Chronic fatigue syndrome.Crohn's disease.Degenerative disc disease.Fibromyalgia.HIV/AIDS.Lupus.More items...•Sep 20, 2021

What states are hardest to get disability?

Oklahoma 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.

Social Security Turns Most People Down

As anyone who's been through the process will tell you, it isn't easy to get Social Security disability benefits. Our survey backed up that general impression. Overall, only about four in ten (42%) of our readers were ultimately approved for benefits.

Disability Application to Hearing

First, some background on the procedure of applying for SSI or SSDI: After you submit an application, the Social Security Administration (SSA) will start out by deciding whether you meet the financial and/or work-history requirements. If you don't, you'll receive a nonmedical, or "technical," denial.

Recent Medical Visits

The strength of your medical evidence is critical for proving your claim. Clearly, you should see a doctor or other medical professional in order to create that evidence. One-third of our readers said they had not seen a doctor or other medical professional in the year before they applied for disability.

SSDI Versus SSI

About half (51%) of readers who applied for SSDI were ultimately approved for benefits, compared to just over a third (36%) of SSI applicants.

Quit-Work Date

Some of our readers were still working when they filed their SSDI or SSI applications. Less than three in ten (29%) of those applications were approved for benefits, compared with more than five in ten (51%) of those who had quit work within the five-month period before applying.

Approval Rates at Different Ages

Our survey revealed an upward curve in approval rates for SSDI from younger readers to those in their sixties. About half of readers age 50 or older were ultimately approved, while nearly two-thirds of those in the 60-65 age group received benefits.

Gender Differences

Our survey revealed a gender gap in the approval rates for men and women. Nearly five in ten (44%) male readers saw their applications approved, while less than four in ten (38%) female readers had successful outcomes.

Approval Rates at Hearing

Our survey results supported what many people suspect—that it's difficult to get Social Security disability benefits. But it may surprise some people to see what a big difference it makes when applicants persist after an initial denial and follow through with the process.

The Advantage of Disability Lawyers

The most important reason for the higher average approval rates at the hearing stage is likely that far more applicants hire lawyers at this point in the process. While only a third of our readers (33%) had an attorney's help with the initial application, nearly three-fourths (71%) had legal representation at the hearing.

How a Lawyer Helps

One reason that applicants with legal representation fare better at the hearing stage has to do with how lawyers are paid to work on SSDI and SSI cases. Disability attorneys are almost always allowed to charge a fee only if they win benefits for their clients.

Why Doesn't Every Denied Applicant Request a Hearing?

Given how much a hearing improves the chances of success in getting Social Security disability benefits, it may be surprising to learn how many applicants give up when they get that first denial letter. Only a little more than half of our readers requested a hearing after their initial application was denied.

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.

What does an attorney do for disability?

An attorney can take care of many of these details for you. Your attorney knows what to say to strengthen your case and can be a powerful voice for you. Sometimes seemingly minor pieces of evidence or innocuous statements mean the difference between a successful disability benefits claim and a denial.

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 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.

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 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.

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.

In actuality, whether a disability decision (ssd or ssi) takes longer or shorter than the average processing times quoted by the social security office makes no difference..

In actuality, whether a disability decision (ssd or ssi) takes longer or shorter than the average processing times quoted by the social security office makes no difference...

Question

I've been waiting for months to hear whether I'll be approved or denied for disability. Is this a bad sign?

Answer

Whether a disability decision (SSDI or SSI) takes longer or shorter than the average processing time could mean a number of things. Each claim for disability is different, and in so many different ways.

How to appeal a disability claim?

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: 1 The applicant cannot earn $1,310 or more a month (in 2021) from working. 2 The condition must last or be expected to last at least 12 months. 3 The condition must be "severe," meaning it must have more than a minimal effect on the applicant's ability to perform work related activities. 4 For SSI, the applicant must have income and resources below the SSI limits.

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 much can I earn in 2021?

The applicant cannot earn $1,310 or more a month (in 2021) from working. The condition must last or be expected to last at least 12 months. The condition must be "severe," meaning it must have more than a minimal effect on the applicant's ability to perform work related activities.

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, ...

Can I appeal a denied Social Security disability?

If your Social Security disability application was denied, you still have a few levels of appeals to go through. In fact, most people ultimately win their disability case on appeal, as opposed to getting the initial application approved.

What happens if you cannot work?

If you cannot, then the SSA will approve your disability claim. The purpose of this article is to discuss one of those vocational factors – your age.

Can I get SSDI at 50?

It is difficult to win a case if you are under 50-years old and suffer from physical impairments only. Many people who are approved for SSDI or SSI when they are under the age of 50 suffer from a combination of physical or mental impairments, or autoimmune disorders.

What age do you have to be to retire?

Individuals Closely Approaching Retirement Age. You are closely approaching retirement age if you are 60 years of age or older , but have not yet taken early or regular Social Security retirement. The SSA also has special disability rules for those of you who are age 60 or older.

Is it easier to qualify for SSDI at age 55?

While it’s true that the SSA makes it easier to qualify for SSDI or SSI benefits when you are over the age of 50 or 55, meeting the burden of proof is still difficult. And it seems to get tougher to qualify each year.

What age can I get SSDI?

Social Security Disability Rules if You Are Age 60 or Older. If you are in the 60-64 age range, then you may qualify for SSDI or SSI if: You are limited to no more than light work and do not have specific skills that transfer to other skilled or semiskilled light work that is similar to your past jobs.

What is considered light work?

Light work is defined as a job that involves lifting no more than 20 pounds at a time with frequent lifting or carrying of items weighing up to 10 pounds. A job is also considered light if it requires a lot of walking or standing, or it it involves sitting with frequent pushing and pulling of arm or leg controls.

What age can I get Social Security Disability?

Age 55 is the “Magic” Age: Social Security Disability Rules if You Are Between the Ages of 55 and 59. For many of my clients, age 55 is often the key age that separates approval and denial of disability benefit claims. This is because once you reach age 55 you can receive SSDI or SSI benefits if:

What to do if you are denied unemployment benefits?

And if you are denied benefits at your CDR, you can ask that they be continued until your hearing.

How often does Social Security review your disability?

After you are approved for disability benefits, the Social Security Administration (SSA) will conduct a continuing disability review every few years to see if your condition has improved.

Does the SSA discontinue disability payments for children?

Continuing disability reviews for child recipients are handled somewhat differently, due to the different definition of disability for children. The SSA will discontinue a child's disability payments if the following criteria are met:

How often do you get a CDR?

In most cases, however, your CDR will occur every three years, but if you are over 55 or if you have a condition that is unlikely to get better, your CDR will occur every seven years. (For more, see our article on how often disability reviews happen .) If you face a CDR, your case will be sent to the Disability Determination Service (DDS) ...

How long can you sit after spinal fusion?

After a successful spinal fusion, your ability to sit was increased to four hours, so can now do some types of sedentary work. The SSA would consider this medical improvement "related to your ability to work.".