SSD Disability: Can You Win Disability Without Going to a Hearing?

Friday, March 20, 2009

Can You Win Disability Without Going to a Hearing?

Yes, of course. And a very large percentage of applicants for social security disability and/or SSI disability do win their cases without the need for requesting a disability hearing.

Statistical data indicates that, on a national level, roughly thirty to forty percent of all disability claimants win their claim for disability at the initial level (this varies substantially depending on your actual state of residence). At this level, most individuals meet or equal a listing in the disability impairment handbook or are a clear-cut medical vocational allowance (generally these individuals are approaching advanced age 50-54 or are advanced age 55-older). Medical vocational allowances, for those who are unaware, are approvals that are rendered based on a consideration of a claimant's residual functional capacity (your medical records are evaluated to determine what you can and cannot do), work history, and other considerations such as age and level of education.

If you initial disability claim is denied you must appeal your disability denial to continue the disability process. Just a piece of advice here, many individuals are so discouraged when their initial disability claim is denied that they do not appeal their denial. But remember, sixty to seventy percent of all initial disability claims are denied and, of those who decide to file a disability appeal (and a second appeal, if necessary), a sizable percentage are eventually awarded benefits.

What should you do if your disability claim is denied? Not wait any appreciable length of time before getting your appeal started. Though social security allows a lengthy timeframe (60 days plus an additional 5 days for mailing) for filing a disability appeal, waiting means simply putting more time between you and potentially receiving disability benefits.

You need to request a reconsideration appeal. Your disability claim will be sent "back down" to the same state disability agency for another medical determination, however a different disability examiner will review your record and request any medical updates that you provided in your reconsideration request. Although it is somewhat rare for a disability claimant to win their disability benefits at this level of the disability process (only about 15 percent win their disability), it is another stepping stone in the disability process. And a very important one. Because you cannot get your case to the disability hearing level without first going through the reconsideration appeal phase.

However, returning to the question with which we started, can you win your social security disability without going to a hearing? The answer to this question is that, depending on the state in which you live, between 40 and 50 percent of all disability claimants win their disability benefits without ever going to a hearing.