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Ted Smith Attorney at Law
(24)
- Knowledge
- Appeal
- Disability
“Even though I felt unsure after walking out of the court case I knew he worked so hard to make sure they heard my story and knew how difficult my life had become.”
FAQs
What are my chances of winning my Social Security disability case?
As everyone knows, no one can give a guarantee of winning a disability case. For the same reason, there is no certain method as assessing the percentage of whether a disability case will be won or lost. There are statistics kept by the government regarding the percentages of case which were awarded disability and those which were not award disability. For example, at the initial application level, about 1/3 of the application are paid or awarded disability, and about 2/3 are not awarded disability. The next step on the appeal ladder is asking for a reconsideration. At the reconsideration stage, in Indiana, about 4% of the persons asking for reconsideration are awarded disability. 96% of the people asking for reconsideration are denied. The next step on the ladder is the hearing stage. At this stage, on average, between 40% to 60% of the persons going to a hearing are awarded disability benefits. The final stage of the administrative process is a review by the Appeals Council. At this last stage, about 18% of the persons asking for a review have their cases sent back for another hearing (this is called a remand), less than 1% of the persons seeking review at the Appeals Council are awarded disability benefits and 82% of the persons seeking review are denied.
Should I hire an attorney to represent me applying for disability or appealing a denial?
Yes. The statutes, regulations, rules, and rulings are complex, numerous and sometimes difficult to understand. An attorney who is experienced in practicing Social Security disability law can assist a person in understanding the rules as they apply to your case, prepare and develop the case, present evidence, question witnesses and argue your best case.
How long will take for the Social Security Administration to decide my case?
At the initial stage, it usually takes about 90-120 days. At the reconsideration stage, the average time is between 60-90 days. Once a hearing has been requested, the average wait for a hearing at the Office of Disability Adjudication and Review is between one and a half to two years. At the Appeals Council level, the average time is about a year and a half from the time a review at the Appeals Council has been requested.
Is there any way to make my case go faster?
Yes. There are some things to help it go faster. At the initial application stage, it is important to complete all of the sections as accurately as possible. The section on the initial application which many people have a difficult time is the medical history section. In fact, some people become so overwhelmed in trying to complete this section that they leave it blank! If the section is not completed the Social Security Administration will deny the claim. The person is then faced with filling a new application and causing a delay. Another important thing to remember is to attend all examinations set by Social Security timely. These examinations usually are a physical or a mental status evaluation. Sometimes the Social Security Administration will send a claimant out for testing such as a breathing test or imaging studies. It should go without saying that it is important to appear at the time and place of the scheduled hearing on time.
You'll find more information on the FAQ page of our website.
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