what are my chances of getting ssdi with a lawyer

by Emmitt Labadie 7 min read

How long do you have to wait to get a disability hearing?

And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.

What to do if denied for disability?

Disability lawyers know how to prepare a disability case for a hearing and they have the necessary expertise with Social Security rules and regulations to win at the hearing. Your lawyer may want to practice asking you questions that the judge might ask so that you aren't nervous at the hearing and so that you can testify (honestly) in a way that's helpful to your case.

Does disability affect Social Security?

While the severity of your disability doesn't affect the amount of money you get, the date that Social Security thinks you became disabled does matter.

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.

How to file for disability in California?

What can the Disability lawyer do? 1 Review your medical records and get more information if they feel that your current medical documentation is not sufficient to prove you cannot perform substantial gainful activity. 2 Send additional information to the administrative law judge prior to the hearing. 3 Prepare arguments that for the disability hearing. 4 Challenge the job expert at the hearing if they argue you can perform different types of work. 5 Prepare a brief for the administrative law judge outlining the case.

How to prepare for a disability hearing?

Prepare arguments that for the disability hearing. Challenge the job expert at the hearing if they argue you can perform different types of work. Prepare a brief for the administrative law judge outlining the case.

How long does it take to hear back from SSA?

If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them. Unfortunately, this is just an estimate and it could be more or less in certain states.

Can a disability lawyer speed up SSDI?

Before your appeal your SSDI application review the process and make sure you have realistic expectations about what a disability lawyer can and cannot do to speed up your SSDI case.

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 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 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 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.

Steven Neil Perrigo

I agree with the previous answer. Consult with an attorney who specializes in Social Security Disability.#N#More

Lloyd A. Pont

While nobody can tell you the odds, you certainly would seem to have a viable argument although I would be curious to know why your SSDI benefits were discontinued.

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Initial Application

  • It’s estimated that less than 1 in 3 SSDI claims are approved during the initial stage. You’ll be expected to prove that the condition is in fact a burden that’s preventing you from conducting any work. So, unless you’re in a coma or rendered paraplegic after a serious road accident, the Califo…
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Reconsideration

  • If, like 70% of applicants, you’ve had your claim denied in the first stage, you can submit your claim for reconsideration. Here, a claim examiner at the Disability Determination Service (DDS) will review the application thoroughly, which can take several months. They will determine whether to reverse the initial decision if anything was missed, or for any other reason. The chances of appr…
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ALJ Hearing

  • This is when having competent legal representation comes in handy. If your claim was rejected a second time after reconsideration, you may request a hearing in front of an Administrative Law Judge(ALJ) at a state court. The judge will ask questions relating to the nature of your disability, whether it was worsened in time, and more to determine your eligibility for SSDI. Here, statistics …
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Appeals Council

  • In the event where your claim is yet again denied by an ALJ, the next stage involves filing for a review with the Appeals Council. This council consists of Administrative Appeal Judges (AAJ) whose job is to review the decision ruled by the ALJ. Chances of approval here are extremely low, 1% on average. That said, the council has the power to send your case back to the ALJ, should t…
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Federal Court

  • Lastly, as a last resort, you may file a lawsuit at the federal court. In practice, approval rates are barely even higher than the Appeal Council. The court will either approve the ALJ’s denial, reverse their ruling and award the claimant SSDI benefits (which only happens 2% of the time), or send the case back to them to fix any noted errors and/or procedural mistakes. While chances of obtainin…
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