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Erosion in SSDI Approval Rates

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    Erosion in SSDI Approval Rates

    Many clients ask whether everyone gets denied on their first application. The answer is that some are approved, but the odds have moved lower over time. For background, the hearing approval rates from 1999 through 2001 were 67, 68 and 70 percent, and the hearing approval rate from 2015 through 2017 was 45, 46 and 47 percent. The approximately 22 percent drop in approval rate is a massive change.

    In fiscal year 2018, the SSA approved 35 percent of claims at the initial level, 13 percent of claims at the reconsideration level, and 45 percent of claims that the hearing level.

    As always, it is important to have a well-prepared claim right from the start, including the input and support of your treating neurologist.

    Good Luck!
    Attorney Jamie R. Hall's practice is focused on assisting individuals with claims and appeals for Social Security Disability and Long Term Disability benefits. He has assisted claimants nationwide, approximately half of whom are MS patients, from his Pennsylvania and Ohio locations. **No attorney/client relationship is created by this communication, and information provided herein is not a substitute for formal advisement.**

    #2
    Originally posted by TheMSLawyer View Post
    Many clients ask whether everyone gets denied on their first application. The answer is that some are approved, but the odds have moved lower over time. For background, the hearing approval rates from 1999 through 2001 were 67, 68 and 70 percent, and the hearing approval rate from 2015 through 2017 was 45, 46 and 47 percent. The approximately 22 percent drop in approval rate is a massive change.

    In fiscal year 2018, the SSA approved 35 percent of claims at the initial level, 13 percent of claims at the reconsideration level, and 45 percent of claims that the hearing level.

    As always, it is important to have a well-prepared claim right from the start, including the input and support of your treating neurologist.

    Good Luck!
    Thanks for the update. I think it is really important people know the odds.

    I wonder what makes up the 35% initially approved. I figure some of it has to be people with terminal illnesses and some that are severely disabled by accidents, stroke, progressive neurological conditions, over 60, etc... I keep telling anyone that asks, if they don't fall into the above, and they can't afford to wait possibly 2 years for appeal, then they probably want a lawyer for the initial application to improve their odds. With the focus on cutting expenses in these programs, one would think the approval rates will just keep going down.
    Kathy
    DX 01/06, currently on Tysabri

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      #3
      Hiring an Attorney Initially

      I don't think there are many, if any, lawyers that will take a SSI or SSDI case prior to the claim being denied. Also, there are Social Security rules as to the amount of fees a social security lawyer can collected.

      Comment


        #4
        Originally posted by TheMSLawyer View Post
        As always, it is important to have a well-prepared claim right from the start, including the input and support of your treating neurologist.
        Originally posted by its2much View Post
        I don't think there are many, if any, lawyers that will take a SSI or SSDI case prior to the claim being denied. Also, there are Social Security rules as to the amount of fees a social security lawyer can collected.
        I hired an attorney who specialized in social security disability cases to help with preparing the paperwork for my initial claim. Thankfully I was approved for SSDI with the initial claim.

        It was well worth it, relieving any stress and worry about getting denied.

        Take Care
        PPMS for 26 years (dx 1998)
        ~ Worrying will not take away tomorrow's troubles ~ But it will take away today's peace. ~

        Comment


          #5
          That is Good News!

          Koko - what did you pay in legal fees?

          Comment


            #6
            Originally posted by its2much View Post
            Koko - what did you pay in legal fees?
            Gosh, this was back sometime in 2003/2004, so I'd have to search for the amount.

            I remember the paralegal saying that the fee had a limit, and couldn't be above a certain amount.

            And if I'm remembering correctly, only owed if I was approved. Does that sound about right?

            Take Care
            PPMS for 26 years (dx 1998)
            ~ Worrying will not take away tomorrow's troubles ~ But it will take away today's peace. ~

            Comment


              #7
              I can clarify a couple of questions on this thread...

              (1) Attorney's fees are limited by statute in virtually all SSDI claims. They are contingent (the attorney only gets paid if/when you win your claim) and are 25% of your past due benefit. The fee is capped at $6,000 by statute, and there is no fee from your future benefits (those following the date of decision. Upon approval, the SSA will send a check to the claimant for their portion of the past due benefit, and a second check directly to the attorney for his/her fee.

              (2) I'll state this carefully so as to not run afoul of the site rules and moderators. I can state from personal knowledge that there are many attorneys who take SSDI claims from initial filing, and who manage the claim from day one in an attempt to avoid that first denial.

              Good luck!
              Attorney Jamie R. Hall's practice is focused on assisting individuals with claims and appeals for Social Security Disability and Long Term Disability benefits. He has assisted claimants nationwide, approximately half of whom are MS patients, from his Pennsylvania and Ohio locations. **No attorney/client relationship is created by this communication, and information provided herein is not a substitute for formal advisement.**

              Comment

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