Legal Guide

How To Win a Disability Claim

Fighting for a disability claim can be a long process. Only about 34% of people filing for disability have their claims approved on the first try. It’s crucial to take every step you can to ensure your case gets approved.

Hiring an attorney is the best way to help your case. An attorney is familiar with the process and will increase your chances of winning your case. In fact, about 60% of those who filed with an attorney were approved.

Were you recently disabled and getting ready to file? Here are some steps you can take as you prepare your claim to get the benefits you deserve.

How can I increase my chances of getting disability?

There are a few things you can do and should understand to increase your chances of having your claim approved.

Understanding the criteria that the Social Security Administration (SSA) uses a set of criteria to judge your claim. Familiarizing yourself with the SSA’s criteria can help you know what to look for as you file your claim.

Disability judges evaluate claims based on five steps:

  • Substantial gainful activity: Simply put, they’ll look to see if you’re working and have gross wages above a certain amount. If you are working and meet their wages threshold, your claim will be denied regardless of medical conditions.
  • Severe impairment: If your disability does not cause impairment or restrictions for you to work, then you may be denied at this step.
  • Medical conditions: If you have a medical condition that meets or is equal to a listed impairment, then your claim will be approved without further consideration. If your disability is not on this list, then the judges will move on to the next steps.
  • Returning to work: If you can return to the same job you did or a similar job, you may be denied disability. Past relevant work is any significant job you’ve held over the last 15 years. If this does not apply, the judge moves on to the final step.
  • Performing other work: Other work can qualify as any other job with prevalence in the national economy. Your claim, age, education, and skill set are all taken into consideration. If your profile matches a job in the national economy, then your claim can be denied.

The claims process can take a long time. Since your disability insurance does expire, it’s important to file as quickly as possible.

Be sure to include a detailed history of your medical treatments (including proof of your most recent treatment from within three months of filing) and evidence, your symptoms, and your work history.

What percentage of disability appeals are approved?

If your claim is denied, you have 60 days to make an appeal. The average rate of appeal approval is about 13% but can vary from state to state. We recommend hiring an attorney to help you through the process and increase your chances of your appeal getting approved.

How an Attorney Can Help You

Hiring an attorney for your disability claim can help you get your claim approved. A disability attorney will understand the best way to present your case to increase the chance of getting it approved.

Your attorney will craft a case that helps prove your condition meets the SSA requirements. If you need to appeal, your attorney will fight for you to argue why the SSA was wrong in denying your claim. If you do hire an attorney, we recommend that you do so before filing your claim.

If you are disabled after a personal injury from something like a car accident, your pain and suffering damages will be much greater. Not sure what your pain and suffering compensation should be? Denmon Pearlman’s pain and suffering calculator can help you easily figure out how much your claim is worth. It’s free and the formula is 100% accurate.


comments powered by Disqus