Applying for disability benefits can be a complex and frustrating process. With a high initial denial rate and multiple appeal stages, it’s no wonder many people feel discouraged. However, statistics show that involving a lawyer in your disability claim can significantly increase your odds of approval.
This article explores the benefits of having a lawyer on your side, the intricacies of the disability application process, and the factors that influence your chances of success.
What are Disability Benefits?
The Social Security Administration (SSA) offers two primary federal disability benefit programs for non-veterans:
- Social Security Disability Insurance (SSDI): This program is based on your work history and accumulated work credits. To qualify for SSDI, you must have a severe medical condition that prevents you from working full-time and have sufficient work credits recent enough to your disability onset.
- Supplemental Security Income (SSI): This needs-based program offers financial assistance to individuals with limited income and resources who have a qualifying disability. Unlike SSDI, SSI doesn’t require a work history.
Both programs provide financial support for individuals whose disabilities prevent them from working. If approved, you’ll receive monthly payments for as long as your condition meets the program’s criteria.
Why Hire a Disability Lawyer?
The success rate for initial disability applications is low. Studies show that roughly 37% of applications are denied for technical reasons, and a staggering 62% are denied at the initial level for medical reasons [1]. This means a significant portion of legitimate claims are initially rejected.
A disability lawyer can be a valuable asset throughout the entire application and appeals process. Here’s how they can increase your chances of winning your case:
- Expert Guidance: Disability lawyers have in-depth knowledge of complex disability laws and regulations. They can guide you through the application process, ensure all paperwork is completed correctly, and meet crucial deadlines. They can also advise you on how to best present your claim and address any potential hurdles.
- Gathering Medical Evidence: A strong claim hinges on comprehensive medical evidence that proves your disability prevents you from working full-time according to the SSA’s definition. Your lawyer can help you understand this definition and assist you in requesting, organizing, and presenting medical records that effectively support your case.
- Navigating the System: The process for applying for disability benefits can be intricate and overwhelming. Missing deadlines or filling out forms incorrectly can cause significant delays. Disability lawyers understand the inner workings of the SSA and have experience working with field office teams, administrative law judges (ALJs), and their staff. This familiarity helps ensure your claim progresses smoothly and minimizes delays.
- Appeals Expertise: Most initial applications are denied. If this happens to you, a lawyer can efficiently file appeals, effectively represent you at hearings, and advise you on your next steps.
Factors Influencing Your Chances of Winning
Several factors can influence the success of your disability claim, even with a lawyer:
- Strength of Medical Evidence: The cornerstone of a winning claim is robust medical evidence documenting your disability and its limitations. This includes doctor’s reports, test results, treatment records, and any other relevant medical documentation.
While a lawyer cannot fabricate evidence, they can ensure you understand the SSA’s criteria and help you obtain the necessary documentation to support your case. If you lack access to healthcare, your lawyer may be able to connect you with free or low-cost medical resources. - Work History: For SSDI claims, the SSA considers your work history to determine if you have sufficient work credits and whether your disability prevents you from returning to your past line of work or adapting to a new one. Your lawyer can help you compile an accurate work history report and highlight relevant details that strengthen your claim.
- Consistency: Maintaining consistency in your statements and the evidence you present is crucial. Your lawyer can help you create a clear and coherent picture of your disability and its impact on your daily life. This is especially important during hearings when an ALJ may question you about your limitations.
- Legal Expertise: While some individuals choose to navigate the process without legal representation, disability lawyers possess specialized knowledge of disability law. They are skilled at crafting arguments, gathering and organizing evidence, and ensuring your case is presented persuasively.
- Patience: The disability application process can be lengthy. Having realistic expectations and a degree of patience can help you persevere through potential setbacks. Your lawyer can help you manage your expectations and keep your claim moving forward efficiently.