Will I be approved for Social Security Disability?
- The Forsythe Firm

- 2 days ago
- 3 min read
Updated: 2 days ago
Getting Social Security Disability Insurance (SSDI) benefits is a process. If you give up too early, you may not be approved. However, those claimants who persist through the entire application / appeal process are likely to be approved and paid.
Approval is most likely at the hearing stage. This is when you appear before a federal Administrative Law Judge (ALJ) and present your case. Between 50 and 58 percent of hearings result in approval and payment, often with substantial "back pay" or past due benefits. The hearing phase has the highest approval rate of the entire process.
Approval is about 3 times more likely when you are represented by a qualified lawyer or non-attorney disability advocate who knows Social Security law, procedures and evidentiary requirements. These professionals also know how to gather and present evidence--how to present your case so the law allows it to be paid.
The earlier stages of the Social Security process have more dismal approval rates:
INITIAL APPLICATION - Approval rates are under 30 percent on average.
RECONSIDERATION (FIRST APPEAL) - Approval rates average 10 to 15 percent.
From start to finish, it can take 18 months or longer to get to a hearing. But claimants who stay the course and get their case before a judge are often rewarded with paid claims and past due benefits (for all the months they had to wait).
CAN YOU AFFORD QUALITY LEGAL REPRESENTATION?
With attorney's hourly rates ranging from $250 per hour to $500 per hour, can you afford top notch legal representation? Yes, and here's why.
The Social Security Administration (SSA) limits how much lawyers may charge. First, you cannot be charged a legal fee upfront. Lawyers may only charge a fee AFTER your claim has been approved and paid. Further, the fee is limited to no more than 25 percent of the past due pay you receive. And there is also a dollar amount cap on the fee, so you cannot end up owing huge legal fees. These legal fee limits are strictly enforced. Legal fees must be approved and authorized in advance by the Social Security Administration.
If you don't get paid neither does your lawyer.
If your application for Social Security disability benefits is denied, it's to be expected. Few claims get approved at this early stage. Appeal (but you only have 60 days to file a written appeal). If your first appeal ("Reconsideration") is also denied--as up to 90 percent are--appeal. The same 60 day deadline applies. You are now on final approach to a hearing before a Social Security judge (ALJ), who can take a very careful look at your case, listen to your lawyer's arguments, and rewrite your decision. As we have said, over 50 percent of hearings result in approval/payment of the claim.
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