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WHAT ARE YOU CHANCES OF GETTING SOCIAL SECURITY DISABILITY PAY?

  • Writer: The Forsythe Firm
    The Forsythe Firm
  • Feb 12, 2021
  • 2 min read

There are several stages to most disability claims. The first stage is the Application stage. Here, the average approval rate is between 20 and 30 percent. In other words, mostly denials.


The second stage is called "Reconsideration." The approval rate here is between 10 and 13 percent. In other words, around 10 percent of previous denials are reversed here and paid. Not great odds.


The third stage is the Hearing stage where claimants appear before an Administrative Law Judge. According to the national average, about 47 percent of claimants who appear at a hearing will be approved. Keep in mind, this includes claimants who are represented by an attorney and those who are not.


A 2017 national study found that claimants who are represented by an attorney or professional advocate are almost 3 times more likely to be approved than those who are not represented.


So is an attorney worth the money? By doing the math you can quickly answer that. Yes. And remember, once you have been denied by a judge (in a hearing), there simply are no good appeals available after that. Sure, you can appeal to the Appeals Council but the chance that the Council will overturn the judge's denial is only 2 (two) percent or 2 out of 100. If the case later goes to Federal District Court, the chances that the Court will overturn the judge's decision are about 1 (one) percent or 1 out of 100. So, you really get once chance before an Administrative Law Judge, that is, one hearing. Once the judge says "Denied," you really have no good appeal options.


What will an attorney/advocate cost you? It costs nothing unless you win the case and recover past due benefits. Otherwise, representation is free under the law. If you do win and recover past due benefits, the maximum attorney's fee is 25 percent of past due benefits paid, up to a maximum fee of $6,000. So, if your back pay recovery is $10,000--you get $7,500 and your attorney gets $2,500. But if you recover $40,000 in back pay, your attorney can only charge $6,000, which is the maximum fee allowed.


A few people think, "I can do this myself" and save the 25 percent. But remember, 100 percent of zero equals zero. Unless you can win your case, you save nothing. In fact, you lose 100 percent of your benefits. Most of the time, a claimant who represents himself/herself and wins just got lucky. It happens once in a while, but not often. It is a difficult road, even with an attorney/representative who knows the law and is well prepared. If you really need to win, hire an attorney/representative.

 
 
 

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