Without the help of a Social Security Disability lawyer, you are far more likely to have your SSD claim denied. According to Social Security’s own statistics, between the years 2003 and 2017, the highest approval percentage for first time disability applicants was 41.04 percent and the lowest was 31.96. For 2017, it was 34.96. In other words, in almost every year, 60 percent of applicants are denied and more often than not, the number approaches 65 percent. If you are one of those statistics, what are your options?
Multiple Levels of Appeal
A denial typically is devastating. You can no longer work and in many cases have been holding on for a long time, perhaps years, to keep that paycheck coming in. You applied and believed it was only a matter of time until approval. Unfortunately, many of those denied the first time stop there believing all is lost.
And in fact, the first level of appeal, called reconsideration, has an even higher rate of denial than for a first time application. However, reconsideration, in most instances, simply allows for a review, or reconsideration, of the information provided in the initial application. The next level of appeal, a hearing before an administrative law judge, holds the most promise for a successful result and is where a Social Security disability attorney can have the largest impact.
The Administrative Law Hearing
At this stage it is possible to provide personalized evidence to advance your contention that you are disabled. You can testify yourself, bring friends, family or co-workers to testify on your behalf, and are permitted to cross examine medical or vocational expert witnesses that the administrative law judge has brought in for the hearing. In many respects, it is helpful to think of the hearing as a mini-trial. Evidence is presented under oath, there are rules of procedure and the judge renders a verdict, yet it is conducted in a far less formal manner.
Why the Hearing Matters
It is a common perception to believe the result from the hearing will be the same as the initial review and reconsideration, but that is not the case. The primary reason for this lies in the very nature off the disability process. The Social Security Administration has established a list of physical and mental conditions that automatically qualify an applicant for disability. If, when you apply, your symptoms and supporting medical records closely match one or more of those in the SSA’s listings, you will be approved for benefits. The problem is, however, most people’s medical conditions are not “text book.”
The first two stages only permit the submission of standard forms with very little room for a detailed explanation of individualized limitations and concerns. Bare-bones medical records consisting of lab reports, diagnoses, and treatment schedules often fail to paint a complete picture. The ability to explain your particular situation to the administrative law judge at the hearing is why approval ratings at this stage are typically better than 50 percent and often exceed 60 percent each year.
Don’t go it Alone
The approval or denial of disability benefits is a crucial moment in your life. Getting the most out of the administrative hearing requires knowledge of the presentation of evidence and the cross-examination of witnesses. Are you willing to place your chances of receiving benefits on your own abilities in a court hearing?
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