Applying for Social Security Disability benefits is a complicated and often disheartening process. It is estimated that 70% of all SSDI and SSI claims are denied at the initial application stage. Considering the low first time approval rate and the sheer frustration of the process itself, approximately four out of five people who are initially denied do not file for an appeal. However, research shows that claimants are almost twice as likely to win their Social Security Disability case when they hire an attorney.

Do not give up! We are here to help you through every step of the process. Unlike many attorneys, we will give you advice to guide you through your initial application process, free of charge. We will also file appeals at the reconsideration stage, the request for hearing stage, the Appellate Council stage, and file suit at the Federal District Court level.

Most claimants we speak to are unaware of the various stages they can encounter before ever having a hearing in front of a judge. Generally, there are 4 stages of Social Security administrative process:

1. Initial application

2. Reconsideration: At this stage, another Claim Examiner at the state’s Disability Determination Services (“DDS”) office reviews the work of the previous Examiner to see if anything was missed or if the decision should be changed for any reason. This stage often takes a few months. Only approximately 13% of claims are approved at the Reconsideration stage. The rest are denied.

During the Reconsideration stage you will submit a lot of the same information you submitted before when you initially applied. Most of the time, Social Security will send you to a doctor for an evaluation called a Consultative Exam ("CE"). CEs can be frustrating as they are very short appointments with doctors whose only goal is to tick certain boxes for Social Security.

3. Request for Hearing: If your case is denied at the Reconsideration stage, you must then request a hearing before an Administrative Law Judge (“ALJ”). Again, you will fill out and submit a lot of the same paperwork you’ve submitted twice before. As of January 2021, hearings in Northwest Florida are being set approximately 6 months from the time the hearing is requested. (Please understand this is an estimate based on our recent experience and is not a guarantee.)

4. Appellate Counsel Review: If the ALJ denies your claim following the hearing, you can file a request for review by the Appellate Counsel (“AC”). The AC only reviews the case to see if the ALJ made any mistakes of law or fact. The odds of success at this stage are extremely low. Only about 1% of the time are claimants awarded benefits despite losing at the hearing stage, and only about 9% of cases are sent back on remand to the ALJ to correct mistakes. Remand will not always result in success, however.

The first 3 stages alone usually take anywhere from 18-24 months for a decision, while the Appellate Counsel Review generally takes between 6-12 months.

Federal Court

The “last chance” for a Social Security Disability claim is filing a lawsuit in Federal District Court claiming the ALJ made mistakes. The Federal Court only reverses ALJ decisions and grant benefits about 2% of the time. However, approximately 49% of cases at the Federal Court stage are remanded back to the ALJ for a second chance at the hearing stage.

Do not try to appeal on your own. It is important to hire an attorney to help you.

As mentioned above, the chances of approval at the initial application stage is only about 30%, but you are twice as likely to win if you have an attorney help you appeal.

APPEALS ARE TIME-SENSITIVE SO CONTACT US NOW.

We are only paid if we win and you never pay out of pocket.

We do not charge upfront fees for Social Security Disability cases. We only get paid if we win, and we are paid by Social Security from the back pay owed to you. This back pay is accumulated based on the date of your application date (or disability onset date, if after the application date). Because SSD cases often take 18-24 months, there is usually a significant amount of back pay owed to the claimant. If we win your case, we are paid 25% or $6,000 (with $6,000 being the maximum amount) of your back pay.