Know the Four Levels of Social Security Disability Appeals

by | Jan 15, 2019 | Attorney

Not all disability cases are the same. There’s not a way to predict the outcome of appealing a decision from Social Security in Kansas City, but it doesn’t hurt to know how the process works. It is safe to say, however, your chances are better going to a hearing. Below outlines what an approval depends on and the average chances of success.

The First Paper Review

The Disability Determination Services Bureau (DDS) looks at the original decision made on paper. It is a reconsideration, which Social Security does not handle.

The Hearing

A recent study showed that when a claimant got represented by a lawyer at a hearing with the Administrative Law Judge (ALJ), their chances of appeal victory doubled. Even still there are many factors that winning is contingent on for an appeal:

  • Did you update Social Security in Kansas City of recent medical visits to your doctor?
  • Were you compliant with any request made by DDS or ALJ, like attending a scheduled consultative exam of your condition?
  • Has your condition gotten worse?
  • Were you at an ALJ hearing without representation by a lawyer?

Social Security Appeals Council

The next level after the hearing is to have your case reviewed by the appeals council. About 90 percent of all cases at this level get dismissed or denied. Nine percent of appeal cases get returned to the ALJ for reconsideration, leaving only one percent of cases approved.

U.S. Federal Court

Winning in federal court is not that much easier to come by than at the appeals council. Many of the cases at least get awarded another chance. The federal judges send back just about half of the arguments to the ALJ for another look at possible issues not considered initially at the first hearing. It’s reported only two percent of federal court cases end in a victory for the claimant.

Let the attorneys at Grundy Disability Group LLC help you get the benefits you deserve. Visit them online to schedule a free case evaluation.

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