The Elder and Disability Law Firm, APC Sept. 12, 2018

The majority of disability applicants in California and the rest of the United States will see their application denied. In fact, records show that 65 percent of people who apply for disability benefits are denied. As a result, these individuals have to decide if they want to go through the process of appealing their denied benefits claim.

The approval rate for reconsideration appeals, which is the next step to take if a disability claim has been denied, is also very low. The average approval rate for the nation ranges from 10 to 15 percent. However, applicants can take some comfort in their reconsideration denials, as it means that they will be able to have their case heard before an administrative law judge.

Within the disability application process, these hearings have the highest approval rate. A minimum of 40 percent of applicants who have their hearings without representation are approved for SSI or SSD disability benefits. For those who opt to attend their hearing with a disability attorney, the approval rate is over 60 percent.

Unlike the initial disability examiner and the disability examiner who handles the reconsideration appeal, administration law judges are able to meet the claimants for whom they have to render decisions. The judges also have a measure of independence in making their decisions and use compassion and common sense as factors in making their decisions.

The decisions made by disability examiners and those rendered by disability judges can vary widely. Individuals who opt to not pursue their disability claim after an initial denial are not serving in their own best interests.

A Social Security disability attorney may advocate for clients during disability hearings. The attorney may work to ensure that the proper arguments are made, and the necessary medical evidence is submitted to support a disability claim.

Related Posts: Relocation and disability applications, Rules for filing a disability claim with Social Security, The nature of work performed is a disability factor, SSD benefits may not be permanent

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