What Are Your Chances of Winning Your Social Security Disability Appeal?

It is common knowledge that it can be difficult to get approved for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). 

As of 2022, the latest data from the Social Security Administration (SSA) shows that only 38% of first-time SSDI applicants are approved—which means almost two thirds of initial applications are denied. 

At this point, many people become deeply discouraged. Some don’t even bother to appeal, which can leave them financially struggling. Is it worth your time and effort to appeal your SSDI denial? 

What the Data Says 

Your chances of successfully appealing an SSDI denial can vary significantly depending on why your claim was denied in the first place. 

If your initial application is denied for technical reasons—or in other words, the SSA did not even evaluate your disability because it believes you are totally ineligible for SSDI (usually due to lack of enough recent work history)—your chances of a successful appeal are near zero. 

If you do meet the technical requirements for Social Security and your claim was denied on medical grounds, the first step in an appeal is reconsideration.  

In this stage, your application goes through the same steps, but with a different set of medical reviewers. Only 15% of applicants are awarded SSDI benefits via reconsideration request. 

However, there’s some better news. Applicants who are denied a second time via reconsideration can have their case heard in front of an administrative law judge. Your odds are much better here: the same 2022 study shows that 51% of disability denial appeals are approved at an administrative law judge (ALJ) hearing.  

If you’re denied at the ALJ hearing, you do have further appeal options. You can have the ALJ decision reviewed by SSA’s Appeals Council, and if you are denied again you can take your case to federal court. However, only about 1% of claims that reach these stages of the process are ultimately approved. 

If you’ve been denied SSDI or SSI benefits, hiring an experienced lawyer can double your chances of getting approved at a disability appeal hearing. The disability lawyers at Colbert Cooper Hill Attorneys can help you gain financial security through disability benefits. 

How to Improve Your Chances of Winning a Social Security Disability Appeal 

When the SSA sends your initial denial, they include the reason for the denial. For most people, they either do not meet the initial requirements for SSDI/SSI, or they did not include enough medical documentation. 

If your disability claim was denied due to your failure to meet the minimum requirements for disability benefits, this is called a technical denial. There may not be much you can do about that, unless your condition worsens or your current earnings fall below the SSDI threshold. 

You already know that your chances of approval at the reconsideration stage are low, but your chances improve greatly at the administrative law judge stage. Here are some ways to improve your chance of approval for disability benefits: 

• Hire a Disability Lawyer: This is the most effective step you can take. People who hire a disability attorney for their appeal end up winning disability about twice as often as those who try to do it themselves. Surveys show that 60% of applicants who hire a lawyer get approved, while only 34% are approved without a lawyer’s help.  
• Don’t Miss Deadlines: Per the appeals process, you have 60 days to submit disability appeals. If you miss a deadline, your appeal may be dismissed. 
• Get a Physician’s Medical Statement: If your doctor is willing to provide you with Residual Functional Capacity (RFC) form, this can strengthen your disability claim. 
• Update Your Medical Records: Make sure you include any new medical information from your doctors, and provide updated medical records since your initial denial. If your initial determination stated insufficient medical information, then you should compile an in-depth history related to your medical condition. If you have legal representation, they can help you figure out what should be included. 

Getting denied for Social Security Disability benefits is disheartening, but it is common. Don’t give up. Your initial application and reconsideration may be denied, but if you are persistent, you may win your Social Security Disability claim with an administrative law judge. 

RELATED: How Long Does It Take to Get Social Security Disability? 

How Legal Representation Helps A Social Security Appeal 

This may be the first experience you’ve had with the complex Social Security Disability claims process. You may only have experience with your current medical condition. You may not know exactly what the Social Security Administration is looking for. 

That’s why you hire an experienced disability attorney—someone with a long history of helping people just like you. They’ve seen so many claims, so many medical conditions, and so many determinations. This helps your attorney understand exactly what kind of supporting documentation and medical information will help you defend your disability benefits appeal. 

In fact, an experienced lawyer may even be familiar with all the people involved in the approval process. They may know a doctor who is more familiar with your condition, and who can provide the right medical documentation to strengthen your case. They may help you provide convincing evidence by interviewing expert witnesses, family, and friends for statements that support your claim. 

If the ALJ’s decision does not go in your favor, the next steps are an appeals council review, and after that, a federal court review. The chances of approval at those steps are very low, but your Social Security Disability lawyer will provide valuable advice about whether they think you can win at those stages. 

RELATED: How Much Does a Social Security Disability Lawyer Cost? 

Contact The Wolf Pack™ for Help With Your Social Security Appeal 

We have a strong history of fighting for people just like you. Our team understands how complex and time-consuming the disability benefits process can be, especially when you are struggling with a physical or mental disability. That’s why we’re offering to take care of the hard work for you, and we only get paid if you get approved. We’re not afraid to take your case all the way to federal court if that’s what it takes. 

If you’ve been denied benefits, let us be your trusted partners in submitting your disability appeal. For a free consultation about your disability claim, just call (580) 271-9672 or fill out the online form today. It’s important to get started immediately so that we can begin collecting additional evidence ahead of the appeals deadline. 

References 

SSA, ODSSI. (2023, January 26). FISCAL YEAR 2022 WORKLOAD DATA: DISABILITY DECISIONS. Retrieved from https://www.ssa.gov/foia/resources/proactivedisclosure/2023/FY22%20Workload%20Data-Total.pdf