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SSDI - Who can win SSDI without going to an Administrative Hearing?

SSDI Hearing

It is not unusual for a disabled worker, who is considering Social Security Disability Insurance (SSDI), to begin to do research and talk to other disability applicants. One of the most common issues discussed is the difficulty in getting SSDI benefits. Claimants often wondered how long it will take to receive SSDI, whether they will have to file multiple appeals, and how they can prove they are disabled. Because the process is so long many applicants assume they will automatically be denied and expect that their long protracted battle for benefits will include an administrative hearing.

When do you not need an SSDI hearing?

The first step in the SSDI disability process is submitting your application to the Social Security Administration (SSA). At this level up to 70% of applicants are denied both SSI and SSDI benefits. If your application is denied, under some conditions, you may file an appeal. The first step in the appeals process is the Reconsideration. Another 80% of applicants are denied a second time at this level. If your application is denied you may file a request for a hearing.

So, given the information above it is conceivable that your SSDI application could be approved at either the application or Reconsideration level and you would never have to have a hearing to win SSDI benefits.

One of the most common questions asked by SSDI applicants is, “How can I ensure I am accepted at the application level?” The most common conditions which are accepted at the application level are those which meet or equal a listing on the SSA Listing of Impairments or those on the SSA Conditional Allowance List. Both of these lists identify conditions and symptoms which the SSA assumes are 100% disabling and do not allow the applicant to perform substantial gainful activity.

When do you need a SSDI hearing?

Who will have to have a hearing to win SSDI benefits? Any applicant who does not have a condition which “meets or exceeds” a listing, who does not have a condition on the Compassionate Allowance List, or claimants who do not provide enough information at the application level to prove to the SSA that their condition is severe or it will last at least 12 continuous months is likely to be denied at the application and Reconsideration levels.

If you do have a hearing scheduled the good news is that this could be your best chance to prove to the SSA that you are disabled. A hearing will allow you the first opportunity within the SSA disability process to argue your case in front of someone who has the authority to grant you benefits.

Most disability applicants talk to a disability lawyer prior to their hearing to make sure they have adequate medical records to prove their case and they understand the hearing process. If you have waited up to one year to talk to a judge you do not want to waste this opportunity to win your SSDI case.
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