How Good are the Chances of Winning a Social Security Disability or SSI Case?

Posted on August 2, 2010 by John R. Heard

The chances of receiving a favorable decision depend on several factors.  How well the case has been developed, the severity of the impairment, the claimant’s age and education as well as the quality of medical records accumulated on the claimant’s behalf are all considered when making a determination in a Social Security Disability or SSI case.  Hiring a lawyer to help the claimant also factors into increasing the chances of being awarded benefits.

It is important that the claimant continue to see his or her doctors and specialists so that the disability examiner or Administrative Law Judge has plenty of information when making the determination whether the claimant is disabled.  The agency or the claimant’s lawyer can then request those records.  These records are key in proving that the claimant is disabled.  The claimant’s age and education are taken into consideration as well.  The older the claimant is and the more physically demanding work the claimant did in the past, the better the claimant’s chances of getting a favorable decision.

Most claimants are denied at the initial application and the reconsideration stages.  It is important that these claimants appeal so that they have an opportunity to appear before an Administrative Law Judge to explain how their impairments prevent them from working full time.

In order to help preserve the claimant’s rights, it is in their best interest to hire a lawyer.  Hiring a lawyer significantly increases the chances of being awarded benefits as lawyers can assist in accumulating medical documentation and successfully arguing the case.

Posted in Living with a Disability, Questions & Answers, Winning Disability Benefits | Comments Off on How Good are the Chances of Winning a Social Security Disability or SSI Case?

Average Processing Time for Social Security Disability and SSI

Posted on August 2, 2010 by John R. Heard

The average processing time for a Social Security Disability or SSI claim varies depending on your geographical location.  Once your initial application is complete, it may take from three to five months before you receive a disability determination from the Social Security Administration.

If you are denied at this point, you have a right to appeal within 60 days.  It may take several months for the Social Security Administration to reconsider your claim.  If your claim is denied at the reconsideration level, you again have a right to appeal within 60 days to request a hearing before an Administrative Law Judge.  The wait time for a hearing is normally from 12-18 months.

In May of 2010, the national average from the time a hearing is requested to the date of decision was 424 days.  After your hearing has taken place, you will generally receive the decision within two to four months.  If your claim is denied at the hearing level, you can appeal to an Appeals Council also within 60 days.  The Appeals Council can take over a year to issue a decision on your claim.

On the whole, it can take many months, even years to receive a final decision on your claim; therefore, it is important that you make timely requests for appeal and highly recommended that you find an attorney to represent you to ensure that these deadlines are met and the proper arguments are made in your case.

Posted in Basics of SSD, Filing Initial Application | 1 Comment

It Seems like Social Security Disability and SSI Cases take Forever to be Decided

Posted on August 2, 2010 by John R. Heard

Social Security Disability and SSI cases do seem to take forever, especially to a claimant who is on the verge of losing their home or having difficulty feeding their family.  Unfortunately, the process does take an excessive, but necessary amount of time to arrive at a decision.

Each claim is taken very seriously and it can take several months for a disability examiner to review medical records, forms, work history, education and other personal information of each claimant in order to reach a fair and fully informed decision.  While the length of time it takes to get to a hearing has been notably reduced in recent years, it is of no consolation to the claimants who have to wait a year or more to schedule a hearing and consequently have to wait over a year to receive their benefits, if they receive them at all.  Keep in mind that you want the disability examiner to look very closely at your claim and make an unprejudiced decision.  It is understandable that each claimant expects the same treatment of their claim.

There are hundreds of claimants applying for their Social Security benefits and each one is handled on an individual basis.  The development and progression of each case takes a tremendous amount of time given the high volume of cases filed every day.

Posted in Basics of SSD, Questions & Answers | Comments Off on It Seems like Social Security Disability and SSI Cases take Forever to be Decided

The Dangers of Handling your Social Security Disability Case Without an Attorney

Posted on February 25, 2010 by Editorial Board

Why is it dangerous not to have an Advocate (Attorney or even non-legal Representative) at your Social Security Disability case?

You’ve filed your application.  You’ve waited months (and sometimes years) for your hearing to be scheduled.  The day of your hearing is swiftly approaching.  You will get one chance to convince the judge you are unable to work.  Are you ready?  Don’t leave something so important to chance.  Know what to expect and how to obtain your benefits.

You need an advocate represent you because:

  • We will develop a theory to show the judge exactly how and why you are disabled.  We understand the law, vocational issues, and medical issues and are very skilled in demonstrating how you are unable to sustain employment.  Our combined decades of experience in handling claims for social security benefits will benefit you.  The danger of presenting your case without a theory is akin to not having a plan.  Without a theory, you are virtually unprepared to prove your claim and risk receiving an unfavorable decision.
  • We will help you focus on the issues that are crucial to your case.  We recognize that every person’s claim is unique.  We understand you and your specific medical and vocational issues.  We will focus on what will be the key issues in your case, thereby increasing the chances you will obtain your benefits.  If you fail to focus on the key issues in your case, you may receive a denial that could have been avoided.
  • You must present as a good witness.  There is much you need to know about how to appear in front of a judge.  Your credibility and consistency are highly significant to the outcome.  These are two of the most important criteria for many judges, and you will not find them written in the “five step sequential evaluation.”  Our experienced advocates will assist you with these issues as this is an essential part of winning your claim.
  • Without an advocate, you will not know what questions will be asked of you at the hearing.  You will not know what to expect.  Do not underestimate the hearing environment.  We will prepare you for all conceivable questions that may be asked of you at the hearing.  We anticipate the questions based on years of representing claimants in these hearings. The preparation appointment with your advocate will help to reduce your stress level and equip you to present as a more effective witness in your own claim.
  • You will need to be prepared to cross-examine the vocational expert and medical expert at your hearing.  The fact that these witnesses will be present at your hearing requires an advocate to assist you.  Do not miscalculate the importance of your right to cross-examination.
  • The Social Security Administration has many deadlines.  Missing a deadline will cost you money as you will be forced to start the process over and  you may lose retroactive benefits in the process.
Posted in Basics of SSD, Featured Articles, Questions & Answers, Winning Disability Benefits | 1 Comment