Understanding Disability Benefit Appeals Process: Steps & Success Rates
The Social Security Administration has released information related to their 2023 Disability Determinations. The information from SSA indicates that about 39% of claims for Disability Benefits are awarded at the initial level. About 15% are allowed at the next level of appeal, which is called Reconsideration. The analysis at this level is performed by the same agency that makes the initial determination.
The 2023 Disability Determinations data indicates that:
- 45% of cases that are heard by Administrative Law Judges are awarded,
- 30% of cases are denied, and
- 24% are dismissed.
The majority of the dismissals are likely because an individual does not appear for the hearing, or perhaps they had some improvement and returned to work.
The next step in the appeals process is the Appeals Council, which is a body of Administrative Law Judges that is located in Falls Church, Virginia. They review other Judge’s decisions, usually at the request of a claimant who has been denied benefits, but sometimes on their own request. They find mistakes in very, very few cases. They allow or award only 1% of cases and remand 13% of cases.
What is a remand?
A remand means that they find that another judge has made some type of error and they will order the judge to hold another hearing and give specific instructions on what they find to be improperly evaluated and how to do another evaluation. Some issues may be that there was not full evidence in front of the first judge and they want the judge to evaluate that additional evidence, an issue or impairment was not properly evaluated or perhaps an important piece of evidence was misconstrued or ignored.
What happens if my Social Security claim is denied?
Finally, if a claim is denied review by the Appeals council, a claimant can continue to pursue the claim in the Federal Court system. The information from the Federal Court indicates that only 1% of claims are reversed, allowed, awarded or paid at that level. 33% are denied and 61% are remanded. A remand again, means an error is found and another hearing will be held to correct that error.
It’s difficult to determine how many claims that are remanded by the Appeals Council or the Federal Court are actually awarded and paid. A remand doesn’t mean automatic payment, it generally results in another hearing.
The data suggests that less than 50% of claims are paid before a hearing; and at the hearing level, you have a better chance of success than at the earlier levels. This means that a claim for Disability Benefits can be quite time consuming. [The Social Security Administration] always work to make the process as easy and fast as possible for our clients but overall it can be quite time consuming.
If you need support or have questions about your Social Security Claim, please contact us for a free consultation.
