WHAT ARE MY CHANCES OF WINNING MY DISABILITY CASE?
I have gotten this question several times from my clients over the years. It depends on many factors. One is the approval rate of the judge that you end up going in front of. I’ve seen judges average from 16% to over 60% approval rates. So the Social Security judge (ALJ) that you get has an impact on whether the judge approves you for disability. If you’ve already been scheduled for a hearing, you can find your judge’s approval rate HERE.
Next, is the type of case that you have. I have found that judges will more often approve cases that involve physical issues such as heart problems, back problems, knee issues, breathing problems, etc. I believe this is because physical problems usually come with objective evidence such as an MRI, x-ray, etc. The judge can look at this evidence to determine how bad the problem is. However with mental health issues, the judge is more dependent on what the patient reports to the psychologist or psychiatrist. The judge with the help of the vocational expert (the person who testifies as an expert on jobs) will often find very simple work that someone can do (such as a grocery store bagger, final assembler, or housekeeper).
IS IT EASIER TO WIN A DISABILITY CASE AFTER I TURN 50? CAN I STILL WIN MY DISABILITY CASE IF I AM UNDER 50?
Yes, it is easier to win a disability case after you turn 50 assuming you have some physical problems affecting your ability to work. The Social Security Agency has rules that make it easier to qualify for disability. With these rules, Social Security assumes it is harder for a person to transfer to other work as they get older.
If you are 50 or older, you will have to show that you are limited to sedentary work and you cannot perform your past work. Sedentary work typically involves sitting at least 6 hours out of an 8 hour workday, lifting up to 10 pounds on an occasional basis (or about a third of the day), and lifting less than 10 pounds on a frequent basis (two thirds of the workday).
If you are 55 or older, you will have to show that you are limited to light work and cannot perform your past work. Light work typically involves standing and walking for 6 hours out of an 8 hour workday, lifting up to 20 pounds on an occasional basis (or about a third of the day), and lifting 10 pounds on a frequent basis (two thirds of the workday).
Here is a link to SSA’s grid rules HERE.
You can still win your disability case if you are under 50. However you will have to prove that you cannot perform your past work or any job in the national economy. This involves even perform simple unskilled sit down work. This is why these cases are often harder to win in front of a judge. In my experience, I have found that claimants can win these cases if they get all of their medical evidence together with good medical opinion statements from their doctors’. I look forward to covering these topics in a future blog post.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Pati Law Firm, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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