What Percentage of Disability Appeals are Approved?

On This Page

1. Percentage of Disability Appeals Approvals
2. Why Disability Claims are Denied the First Time
3. How a Social Security Disability Lawyer on Our Team Helps with Your Appeal
4. The Four Stages of a Social Security Disability Claim
5. Understanding the Difference Between SSDI and SSI
6. Areas Our Firm Serves for Social Security Appeals Representation

REVIEWED BY

C. William Kenny

September 09, 2024

Board certified by National Board of Trial Advocacy

Securing Social Security Disability (SSD) benefits is often challenging, with approval rates varying significantly based on the initial application. Many applicants face denial in the first round, leading to a complex and lengthy appeals process. The likelihood of approval increases when the case is well-documented and clearly demonstrates the applicant’s inability to work.

However, the appeals process can be daunting, requiring a deep understanding of legal and medical documentation. A Pittsburgh Social Security Disability lawyer experienced in disability claims works to improve chances of success, as they can navigate the complexities, present compelling evidence, and advocate effectively on behalf of the applicant. An attorney can help you fight back against SSD denial through every step of the process.

Percentage of Disability Appeals Approvals

No matter how simple you may think your case is, your application for Social Security Disability may be denied.

According to the Social Security Administration (SSA), approximately 14 percent of disability appeals are approved for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) at the reconsideration level.

This percentage of disability appeals is a national average for the latest year available, 2021. The percentage of current disability appeals that are approved in your area may be different.

Why Disability Claims are Denied the First Time

If your initial claim was denied, you have the right to appeal the decision. However, it is important to understand why Social Security claims are denied in the first place so that you do not make the same mistake twice.

Note that you apply for each program individually using a separate application form. Here are several reasons why SSDI and/ or SSI applications for benefits are denied:

• Lack of medical information: You must have medical records that prove your disability prevents you from being able to work.
• Technical errors on your application: You sent an incomplete form, made errors on the form (such as a transposed telephone number), or forgot to sign the application.
• Income is too high: You could be denied disability payments if you earn more than the “substantial gainful activity” amount, which is about $2,590 per month, as of 2024.
• Failure to follow medical treatment: Your disability benefits may be denied if you do not follow your healthcare provider’s treatment plan.
• Incorrect contact information: If you move, change your phone number, or if your phone is disconnected, your claim may be denied because the SSA cannot reach you.
• Failure to grant medical record access: Your disability claim can be denied if you refuse to grant the SSA permission to review your medical records to investigate your claim.

You have the right to know why your disability claim was denied and to appeal a denied claim.

How a Social Security Disability Lawyer on Our Team Helps with Your Appeal

After your claim has been denied, you may ask that your claim be reconsidered or request a hearing in front of an Administrative Law Judge (ALJ). There may also be a vocational expert (VE) at the hearing. You are not required to hire a lawyer to represent you at a disability appeal hearing. However, there are several benefits to having an attorney represent you.

One of our Social Security Disability lawyers can help:

• Gather medical records to prove that your disability prevents you from working
• Secure written notes (opinions) from your doctor or specialist
• Obtain testimony by subject matter experts, such as your own VE consultant
• Prepare you for questions from the ALJ or the VE
• Identify weaknesses in the VE’s opinion
• Represent you to the ALJ in accordance with proper processing, deadlines, and decorum

It can be intimidating to speak before a Judge. You could inadvertently jeopardize your appeal because you are understandably nervous or anxious. An attorney with our firm is a welcome ally for many people.

The Four Stages of a Social Security Disability Claim

According to the SSA, there are four stages for a disability claim:

• Reconsideration: A complete review of your initial claim is conducted by a different decision-maker.
• Hearing by an ALJ: You may introduce new medical evidence, testimony, and documentation when you appeal to an ALJ.
• Review by the Appeals Council: If your appeal was denied by the ALJ, you may ask the Social Security Appeals Council to reconsider or reverse this decision.
• Federal Court lawsuit: If you have exhausted the first three appeal options, you may file a lawsuit in a federal district court to seek disability payments through a judgment.

The percentage of disability appeals approved changes at every stage, but our lawyers are determined to fight for full disability benefits on your behalf.

Understanding the Difference Between SSDI and SSI

Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) are different programs with separate requirements and applications.

Here’s a quick rundown of what you need to know about the Social Security Disability Income program:

• Eligibility: SSDI is based on work history and credits.
• Benefits: The benefit amount depends on your earnings and includes Medicare after 24 months of receiving benefits.
• Application: The application process involves providing work history and medical documentation.
• Waiting Period: There is a five-month delay before SSDI benefits start after the disability onset date.
• Resource Limits: There is no asset limit for SSDI eligibility.
• Reviews: SSDI recipients are subject to periodic disability reviews.

Supplemental Security Insurance can offer crucial benefits to disabled applicants, so it’s important to understand program basics:

• Eligibility: SSI is based on financial need, with no work history required.
• Benefits: SSI provides a flat benefit amount that is adjusted for income, and it includes automatic Medicaid eligibility.
• Application: The SSI application focuses on financial status and disability, without needing work history documentation.
• Waiting Period: SSI benefits start immediately upon approval, with no waiting period.
• Resource Limits: SSI has strict asset limits, which are $2,000 for individuals and $3,000 for couples.
• Reviews: SSI recipients undergo frequent financial reviews and disability reviews to maintain eligibility.

A disability benefits lawyer can go over the details of each program with you to find out what best suits your needs. Since such a low percentage of disability appeals are approved, it may be in your interest to have a lawyer help with your case.

Areas Our Firm Serves for Social Security Appeals Representation

Our legal team understands that you and your loved ones may be counting on Social Security disability benefits to pay the rent and put food on the table. Our lawyers are here to help with Social Security Disability cases in the Pittsburgh metropolitan area, West Virginia, and in the following Ohio counties:

• Belmont
• Carroll
• Holmes
• Jefferson
• Mahoning
• Medina
• Portage
• Stark
• Summit
• Trumbull
• Tuscarawas
• Wayne

We are expanding our market, so you can always contact our Social Security Disability team to see if we serve your area in any of these three states. You do not need to come to our office for our law firm to begin working on your case.

Was Your Social Security Disability Claim Denied? Let Us Help with Your Appeal

The percentage of disability appeals that are approved doesn’t matter to us because our mission is to get you what you need.

A Social Security Disability attorney with Berger and Green can help you with your case. Call for a free consultation.