At Hoglund Law Offices, we understand that navigating the Social Security Disability (SSDISocial Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability.) and Supplemental Security Income (SSISSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.) process can be overwhelming. That’s why Attorney Andrew Kinney, who has over 30 years of experience handling disability claims, created a video addressing the five most common questions our clients ask.
Here’s a brief overview of the key insights from that video:
- What Are the Appeal Steps for Disability and SSI?
The disability process includes several stages:
- Initial Application: Can take 6 months or more.
- Reconsideration: If denied, you have 60 days to appeal. This stage reviews the initial decision and allows for new evidence.
- Hearing: If reconsideration is denied, you can request a hearing before an administrative law judge.
- Appeals Council Review: If the judge denies your case, you can request a review.
Each step has strict deadlines and procedures, and most successful claims require persistence through multiple levels of appeal.
- Why Are So Many Claims Denied Early On?
Only about a third of applicants are approved at the application stage, and fewer than 1 in 10 succeed at reconsideration. However, nearly half of those who reach the hearing stage may be approved. Attorney Kinney notes that the first two decisions, application and reconsideration, are made by state agency doctors who never speak with you. In his experience, they frequently interpret inconsistencies in the treatment record where there are none. They do not properly evaluate the vocational impact of disabilities such as missing days per month due to migraines. In 30 years of Social Security hearings, he notes that the state agencies (the “Disability Determination Services”) appear to have NO quality control over denials—only approvals. This obvious leadership oversight leads to frequent lost time and costs evaluating Social Security approvals at the hearing level.
The message? If you may reliably work full-time, get the go ahead from a medical provider and try. Be aware of Substantial Gainful Activity earnings levels for the year you are working. This may impact a pending claim for benefits. Otherwise, ALWAYS ALWAYS REQUEST A SOCIAL SECURITY HEARING.
- Do I Need to Be 50 or Older to Qualify?
No, but age 50 and 55 are key benchmarks under Social Security’s vocational guidelines. These “grid rules” make it easier to be approved if you’re over 50 and unable to return to your previous type of work. However, people of any age can qualify if their condition prevents them from doing any full-time job.
- How Should I Prepare for My Disability Hearing?
Preparation starts well before the hearing:
- Continue treating your medical conditions regularly.
- Document how your daily life has changed: chores, hobbies, social activities.
- Think in specifics: How long can you stand? How often do symptoms like seizures or panic attacks occur?
Attorney Kinney emphasizes that hearings are about your real life, not just medical charts.
- What Happens During a Hearing?
Hearings are usually held by phone or video and last about 45 minutes. You’ll be asked about your past work, medical conditions, and daily limitations. A vocational expert may also testify about what kind of work, if any, you could do. This is your chance to speak directly to someone who will listen to your story, something that doesn’t happen at the earlier stages.
At Hoglund Law Offices, we believe being informed is the first step to being empowered. If you’re considering applying for benefits or have already been denied, we’re here to help guide you through the process with experience and compassion.
Our lawyers at Hoglund Law Offices help clients across the country get approved for Social Security Disability and SSI benefits. No matter where you live, you can call us at 888-373-8806.