The chances of winning at the appeal level in a Social Security Disability or SSI claim vary according to the level the case is at, what occurred at any hearing before an Administrative Law Judge (“ALJ”), and whether the claimant is being represented by an attorney.
Often, claims considered at the initial and reconsideration stages of an application do not have a good chance of winning. In fact, most claims are denied at these stages. Once the claim is denied twice and goes to a hearing before an ALJ, many factors come into play. These factors include the level of development of the case, including the quality of the medical records submitted to the examiner or ALJ, updating the examiner or ALJ with current medical information, and attending any consultative exams the examiner or ALJ ordered.
If the ALJ denies the claim, the claimant or their representative should go over the unfavorable decision to point out any inconsistencies with the testimony during the hearing and in the medical records. It is helpful to have a lawyer from the beginning of a new claim, but it is especially important at the appeal level because an attorney will have the legal knowledge necessary to file a substantive appeal. The chances of winning an appeal go up significantly if the claimant has a lawyer.
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I am very upset, I filed a claim for my daughter in sept of 2009, at the age or 11 for a recent diagnosis of tourettes syndrome….this has effected her life greatly as well as mine, she has a severe ticking disorder that is constantly getting in the way of her daily living. She is also now being home schooled due to anxiety and ocd and depression….I lost but then requested an appeal… the appeal hearing took 18 months to get…during this time, we moved amd had a change in phone number as well..I called and talked with a representative and updated this info but for some reason it was never entered into the system I found this out last week when I called because I had not heard anything..I was told the hearing had already took place and I would be getting a letter letting me know their decision.. I am upset because I was unable to be present and advocate for my daughter due to their mistake, my question is…If it was denied at the appeal hearing..WHAT ARE MY OPTIONS and how long will it take this time?????