What are the chances of winning on a disability appeal ?

Typically, social security disability and SSI disability applicants will stand about a 15-20 percent chance of winning benefits on their first disability appeal (known as a reconsideration or review) and will stand as much as a sixty percent chance of winning benefits on their second disability appeal (at a disability hearing, assuming they go to such a hearing with an attorney or non attorney advocate).

The chances of winning disability benefits via an appeal, however, will always be subject to providing the social security administration with sufficient medical record documentation. In other words, medical record updates and detailed statements from one's treating physicians. Unfortunately, the ability to provide this type of documentation is predicated on the abililty to receive continuing medical treatment and many claimants arrive at a point (while they are filing for disability) where they no longer have medical insurance.

Nevertheless, even claimants who no longer have health insurance should still try to be seen by a doctor every now and then for the purpose of keeping their medical condition documented. For many individuals, this will mean visiting a free clinic, health department, or a hospital's emergency room. Because even if your condition worsens as you fight to win your disability benefits, unless this is documented, your chances of winning an appeal will be less.

It's for this reason among others that having representation on a disability case can be helpful. A disability lawyer or non attorney advocate (many non attorneys are former social security employees) will focus, prior to a hearing, on assembling as much medical information as possible on a claimant's behalf. This often includes contacting a claimant's doctors to see if they will provide statements which support a claimant's allegations of disability. However, even when an attorney is involved, a claimant will still need to be seen somewhere for medical treatment.