Elawyers Elawyers
Washington| Change
Visitors: 21

Social Security Disability: How Hard Is It to Get Benefits and How Long Does It Take?

If you can’t work because of a serious medical condition, you may be thinking of applying for Social Security disability benefits. Or maybe you’ve already applied and are still waiting to hear the results. Either way, you probably have many questions about the process, especially: How hard is it to be approved for benefits? How long does it take? Is there anything I can do to improve my chances of success? We surveyed readers around the U.S. who applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) to ask them about their experiences with the process. Here are some highlights of what we learned.

SSDI/SSI Approval Rates: From Application to Hearing

Our survey confirmed what many people suspect about Social Security disability: It’s difficult to get benefits. Only about four in ten (42%) readers were ultimately approved for SSDI or SSI benefits. But approval rates at different stages in the process varied significantly.

Most people get turned down at the initial application stage. Less than a quarter of our readers (23%) were approved at the initial application stage; 77% were denied. Some of these readers were denied for technical reasons, such as not having enough work history for SSDI or having too much income for SSI (learn more about SSDI qualifications and the requirements for SSI). Others were denied because their medical conditions weren't severe enough. Based on medical eligibility alone (that is, not counting the people who don’t meet technical requirements), Social Security's statistics show that 67% of applications are denied.

If your application is denied for medical reasons, you can appeal by requesting a disability hearing. Our survey showed that nearly half (46%) of readers who went to a hearing were approved for benefits, compared to the 23% approval rate at the initial application stage. That essentially means that readers doubled their chances of success by appealing. There are various reasons for this difference, including the fact that applicants are more likely to have a lawyer’s help for the disability hearing—71% have a lawyer at the hearing versus only 33% at the application stage—and that medical conditions often get worse during the long wait for a hearing date (more on both of these factors below).

How Long Does It Take to Find Out If You’re Approved for SSDI/SSI Benefits?

If you know anyone who has applied for Social Security disability, you’ve no doubt heard horror stories about how long the process takes. Our survey backed up those stories with hard numbers. But it also showed a wide range of wait times, from a few months to a few years. The difference between those extremes largely depends on how far you go through the various stages in the application process (as well as where you live):

  • Initial decision. Nearly four in ten readers (37%) received an initial answer within three months after their filed their SSDI or SSI applications, and more than six in ten (62%) heard within six months.
  • Reconsideration review. Most states require SSDI/SSI applicants to go through a reconsideration review with a disability examiner before they can request a disability hearing. Most reconsiderations are denied, but this step adds time to the overall process: an average of 101 days according to government data for 2017.
  • Disability hearing. Largely because of budget cuts and staff shortages, case backlogs have grown enormously at Social Security hearing offices, leading to long wait times before applicants can even get their disability hearing scheduled. Nearly six in ten readers (58%) waited more than a year for their hearing. According to government statistics, the wait times vary significantly at offices around the country, ranging from 9 to 25 months in different cities. Our survey showed that, after the hearing, eight in ten readers received the disability judge’s decision within three months.
  • Further appeals. The vast majority of applicants who go through a disability hearing stop at that point, even if the judge denies them SSDI or SSI benefits. But they can pursue further review with the Social Security Appeals Council (which takes about a year, on average); after that, they can appeal in federal court (which could take years to resolve).
Is a Social Security Disability Lawyer Worth the Cost?

Because disability applicants usually have limited funds, Social Security rules make hiring a lawyer affordable. In almost all cases, lawyers may charge a fee only if they win disability benefits for their clients. Even then, the fee is limited to 25% of any past-due benefits (or “backpay”), up to a maximum of $6,000. More than two-thirds (68%) of our readers told us their lawyers received less than the maximum. The overall average was $3,750, though it was somewhat higher ($4,600) for readers who went through a disability hearing (and therefore received more backpay).

As we’ve seen, applying for Social Security disability can be a lengthy and difficult process, especially once you get past the initial application stage. A disability lawyer can help you through that process in many ways, including gathering the right kind of medical evidence, preparing you for a disability hearing, recognizing when testimony from a medical expert would help, and knowing where to find a good expert.

Our survey also showed that hiring an attorney significantly improved readers’ chances of being approved for SSDI or SSI: Six in ten (60%) who had a lawyer’s help at some point in the process ultimately received benefits, compared to about three in ten (31%) of those who went through the process on their own. At about halfway between those poles, the approval rate was 46% for readers who got help from disability advocates who weren’t lawyers. These nonlawyer advocates charge fees in the same way as lawyers, with the same limits; however, some advocates (such as social workers) may provide help for free, particularly at the initial application stage.

Note that you might have trouble finding a lawyer to take your case at the initial application stage; some lawyers won't take on claimants until the appeal hearing.)

More Reader Experiences

These are just some of the highlights from our survey on real-life experiences with the Social Security disability application process. See the Social Security Disability Survey Statistics page for more details on factors that affect outcomes, including approval rates for common medical and psychological conditions.

From Lawyers  

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer