Why You Need An Experienced Social Security Disability Attorney

by Dean Pavick on March 26, 2014

In Ohio, roughly 70% of initial Social Security Disability applications are denied and around 90% of claimants are denied at the Reconsideration level.

With an experienced  Ohio Social Security Disability attorney, the chances of winning a social security disability claim are around 60% at the hearing level if the attorney can build sufficient evidence to support a favorable decision. At the Akron Office of Disability Adjudication and Review (ODAR), the average percentage of fully favorable decisions granted by the administrative law judges(ALJ) is approximately 51% with approximately 6.5% partially favorable decisions. However, these percentages include all social security disability cases including some cases where the claimant is unrepresented, which obviously brings down the overall average. The percentage of favorable decisions granted also depends upon individual ALJs. Some judges are ultra conservative and only award social security disability benefits around 39% of the time. The highest approval rating for an ALJ is around 74%.

We recommend that if you are unable to work and your medical conditions are likely to be at a severe level for at least 12 months, file the social security disability claim and/or SSI claim as soon as possible and provide your local Social Security office with a complete list of your specific medical impairment(s) and a complete list of physicians, hospitals, counselors, therapists as well as their addresses and dates of service . It is also important to update SSA with any further treatments, diagnostic tests and medications during the initial evaluation phase. If SSA determines that your impairment(s) or combination of impairments meet or equal the impairment listings, then you should be one of the fortunate 30% of claimants initially awarded disability benefits assuming you have sufficient work credits. In SSI claims there are no work credits as long as income and resources are below a certain level.

If you are initially turned down on your social security disability claim you should immediately contact an experienced social security disability attorney to discuss representation and the timely filing of an appeal to the Reconsideration level. All appeals at every level with the Social Security Administration must be filed within 60 Days from receipt of the denial decision to be considered timely filed. If the disability attorney accepts representation ,then the attorney, upon timely filing of an appeal , can review your disability claim on a CD and begin putting the evidence together to try and win your case at the reconsideration level; or, if a second denial occurs( which is still likely) continue to build the case for an ALJ hearing. All social security disability attorneys work on a contingent fee contract which means the disability lawyer cannot collect an attorney fee until your case is won. The earlier that a social security disability attorney becomes involved in a social security disability claim, the more the attorney can do to advise you at every step and make sure that the evidence is properly developed to give you a much better chance of winning your claim.

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