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The majority people who apply for social security disability (about 70%) are turned down. For those who choose to continue their claim by filing a request for reconsideration, the odds of approval are even worse: nationwide, the average denial rate of reconsideration appeals is 85%. However, those who choose to file a second appeal have a good chance of being approved for benefits. The second appeal is decided by a federal administrative law judge at a disability hearing, and about half of all social security denials are overturned by disability judges upon review. Of course, given these statistics, those applying for social security disability (SSD) or SSI might wonder if they can just skip the first two levels of consideration and move right to the hearing. The answer is, unfortunately, no. Before you can ask a judge to review your claim, it has to work its way through your state disability determination services (DDS) agency. Only after a state disability examiner has turned down both your initial application and reconsideration appeal do you have the option of requesting a disability hearing. Requesting a disability hearing is not difficult, but you must be sure to do it within 60 days of the date of your request for reconsideration denial (the date is stamped in the upper-right corner of your notice). If you choose to file a second appeal, simply call your social security office and tell them you are requesting a hearing. They will send you the necessary paperwork to complete and mail back to their office. Do this immediately, as you do not want to unnecessarily delay your hearing date. There are now so many disability cases in the system waiting to be heard it could take months, even a year or two in some areas, for your hearing to be scheduled. At the hearing level of appeal, retaining a disability attorney is highly advisable. Although you are not required by law to have any form of legal representation at your hearing, the odds of winning benefits rise significantly when a lawyer presents the case. Disability lawyers are well-versed in all aspects of disability law, and it is the rare individual who can argue their own case effectively at this level. In order to point out errors in a DDS examiner’s decision, one must have a firm grasp of disability law, including such complex issues as the medical vocational grid. Your disability attorney will also know what symptoms are required to meet a listing in the social security impairment manual (commonly referred to as the blue book), as well as what must be proven in order to meet the definition of disability as defined by the social security administration. Having a disability attorney represent your case provides other benefits. If you notify social security that you have retained legal counsel, they will send copies of all notices and decisions to your lawyer, who can ensure that you do not miss any important deadlines and that all of the medical records in your file are up-to-date and in order. Your legal representative might also be able to suggest other tests or exams needed to bolster your claim, and will solicit upportive statements on your behalf from your physician. When it comes to a hearing before a federal judge, it is critical to have everything in order and to put forward the strongest case possible. As previously stated, it can take a very long time to get the chance to appear at a disability hearing, and it makes sense to do everything in your power to be awarded benefits. It may be a few weeks, or even months, before you know the outcome of your disability hearing. Backlogs exist at every level of the social security disability system, and the disability judge in your case does not actually write your decisional notice. Instead, decision writers at the hearing office compose these notices, and how quickly you receive your decision is somewhat dependent on the writers’ current case load. 
Social Security Disability and SSI Disability Information
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