Submitted by Anonymous on Mon, 05/25/2009 - 13:15
If I appeal my denial of SSD benefits what are the chances I can win. It seems like a lot of time and expense especially if there is no chance of winning on appeal. what do you think?
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Editor's Response
I think it is worth appealing. The statistics indicate that about 18 percent of applicants prevail at the 'reconsideration phase.' Also, applicants who appeal further to a disability hearing do even better. Those who are represented by an attorney or an advocate win up to 60% of the time. Not bad. Good luck, and please tell your friends about The Forum.
(Also, I, in discussing the appeals process I want to be clear on my terminology, so let me add this: When an initial application for SSDI benefits is rejected, the first step is to request a reconsideration. This is a required step in the appeals process. You can contact you local SSA office to begin the reconsideration.)
Appeal of Unfavorable Decision
Whether a claimant should appeal an unfavorable decision depends on the facts and circumstances in each particular case. Each case should be individually evaluated. Most of the time it is worth appealing as many claimants (but clearly not all) who appeal go on to obtain a favorable decision at a later date. It may take a long time to obtain a favorable decision given the large back log of cases and the number of people seeking benefits these days. As far as cost and/or expenses, my office handles virtually all initial claims and appeals on a contingency basis meaning that you only pay an attorney fee if you win and obtain a retroactive or back due benefit. There are rarely any up front costs with representation. Steven A. Ciulla, Esq.