What Are The Chances of Winning Disability With a Lawyer?

Being denied disability benefits can feel overwhelming, especially when you’re already struggling with serious health issues and financial stress. Without proper guidance, the appeals process can become even more frustrating, often leading to delays, repeated denials, and a deeper sense of hopelessness.

The good news? Working with a social security disability lawyer can significantly increase your chances of success. Contact us today to protect your claim and move one step closer to the support you deserve.

What Are My Chances of Winning a Disability Appeal?

It is estimated that the Social Security Administration (SSA) denies nearly 80% of the initial applications for coverage it receives. However, this does not mean you do not qualify. It means the agency needs more information or clarification.

The next stage is to request a reconsideration, but this phase also has a very low success rate. You are more likely to meet the SSA’s expectations in the appeals process. The acceptance rate in appeals is significantly higher, especially if you hire an attorney to assist you.

What Are the Chances of Winning Disability With a Lawyer?

The data from a study completed by the Government Accountability Office found that the chance of winning a disability case with an attorney was three times higher than if you did not have one. There are numerous reasons for this, including that attorneys have navigated cases like yours in the past, understand legal and medical requirements, know how to avoid common mistakes, and can build a stronger claim.

Montagna Law’s SSDI Lawyers Are Committed to Successful Disability Applications

Before you start your disability application, make an appointment with Montagna Law, a law firm that has helped many people navigate the process of obtaining Social Security Disability benefits with success. With our experience, we can tell you what factors may be playing a role in your disability determination and help you secure SSI benefits as a result.

Our Clients Testimonials

“When I found applying for disability very intimidating with ALL this paperwork, forms, doctors etc. I called and immediately they got everything started immediately! Katie was the most thoughtful, patient and understanding person to handle my case. She has a special way about her. If you ever find yourself worrying about filing for disability, do not hesitate to call. You’ll be in great hands!!!” — Tina C.

“I highly recommend, this is the best law firm to handle all your matters when you need a lawyer Mr Jon and Grace are the best hands down they don’t miss a beat an they are very prompt on time an they treat you like family. I will be going to them for all my needs.” — Shenekia

Factors Influencing the Success of Appealing a Long-Term Social Security Disability Claim Denial

Numerous factors influence the approval of a long-term disability claim and appeal. This includes both procedural and medical factors. It is critical to have a comprehensive approach to filing your claim.

Quality of Medical Evidence

Thorough and objective documentation from a licensed medical professional is at the core. This should include diagnostic testing, treatment history, and physician support letters.

Consistency Between Medical Records and Claims

The medical condition you state must match what your medical records show. The credibility of your claim depends on this accuracy.

Timeliness of the Appeal

You have 60 days from receiving your notice of rejection to file an appeal. Missing this deadline could result in an automatic denial and forfeiture of appeal rights.

Compliance With Policy Definitions

Compliance with policy definitions is a key factor in the success of an SSD appeal. The Social Security Administration has clear criteria for what qualifies as a disability, including how long it lasts, how severe it is, and how it affects the ability to work. If a claim does not meet these requirements, such as failing to match a listed impairment or prove the inability to work, it may be denied.

Supportive Vocational and Functional Assessments

Vocational experts or functional capacity evaluations can strengthen the claim by documenting real-world job limitations. These are critical tools in proving your losses.

Thoroughness of the Appeal Letter

It is crucial to have a detailed appeal letter that effectively refutes the denial, incorporates relevant evidence, and presents both legal and medical reasoning.

Proper Use of Administrative Remedies

It is nearly always necessary for individuals to exhaust all of their appeals before they can file a lawsuit. This helps build a strong administrative record.

Credibility of the Claimant

Building trust and credibility is part of this process. The importance of consistent statements and actions is essential. Avoid any type of behavior that calls into question your true abilities, including (and especially) on social media.

Legal Representation

Having an attorney with experience in winning long-term disability claims or appeals is a critical factor. Your lawyer will help you enhance documentation, meet deadlines, and effectively challenge wrongful denials.

10 Tips to Increase Your Chances of Winning Disability

There are numerous steps you can take to improve your chances of winning a disability claim or appeal. Be proactive from the beginning to do so.

Seek Medical Treatment

Demonstrating that you need and receive regular treatment builds a medical record showing ongoing disability and helps substantiate your claims that you cannot work.

Follow Medical Advice

Follow your doctor’s recommended course of care. Your eligibility for Social Security Disability Insurance (SSDI) is often dependent on showing that you are doing all you can to improve, and you are still facing limitations.

Provide Detailed Information

Be thorough. Provide a full disclosure of your symptoms, limitations, and medical history. Any missing or unclear information can harm your claim.

Gather Strong Evidence

The more evidence you have that demonstrates your limitations, the better. Examples of some evidence that may help include:

• MRI and other imaging results
• Test results applicable to your condition
• Physician letters and medical record reviews

Keep a Symptom Journal

You can also improve your chances of obtaining Social Security benefits by demonstrating how it impacts your life. Start a journal that documents your injury, symptoms, complications, and limitations throughout your daily life.

Obtain Supporting Statements

Gather statements from respected individuals to support your claims. This might include therapists, doctors, employers, and others who can show your limitations in your work.

Be Honest and Consistent

Being truthful and consistent with your information across all statements and interviews, and aligning your claims with medical records, could make the most difference in the application process’s success.

Consider Legal Representation

Working with a disability attorney, especially during appeals or if the claim involves complex medical or vocational issues, helps to minimize avoidable risks.

Appeal if Necessary

Do not give up after an initial denial. Appealing is effective. The SSA will provide you with information about why they did not approve you for SSDI benefits or Social Security Income (SSI) benefits. That helps you build your case for appeal.

Stay Informed

Stay up-to-date on the process. Monitor for changes in the claim process, deadlines, and requests for additional information.

Social Security Disability Appeal Process

Consider the multi-step appeal process for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Reconsideration Stage

This is the first level of appeal, where a new examiner reviews the claim. You must take this step within 60 days of receiving your initial rejection.

Hearing

If you are still denied, a hearing is the next step. You may request a hearing before an Administrative Law Judge (ALJ), which must be done within 60 days of receiving your notice of denial from the reconsideration phase. Having legal representation at this stage proves to be critical to protecting your opportunity to prove your case.

Appeals Council Review

It is possible to file an additional step with an appeals court review request. This process allows for the court to review the judge’s decision. This is often a process that looks to ensure all legal or procedural steps were complete and accurate. The appeal hearing is a critical time to have legal advice. At the hearing level, you will want to have an attorney to guide the process.

Federal Court

This is the final step and the most complex. You can sue the SSA in a federal district court. Like any other lawsuit, this process requires comprehensive preparation and planning. If you believe that your treatment is unfair for any reason, you can and should take these steps.

Why Should I Appeal My Disability Denial Instead of Reapplying?

Appealing preserves the original filing date and gives you a chance to correct or add to the existing case. Most of the time, reapplying will lead to the same results without addressing the SSA’s concerns and reasons for denying your application.

How Can a Disability Lawyer Help With an Appeal?

Your Social Security disability attorney can provide a wide range of benefits during the appeal process. They can inform you about your eligibility criteria, identify any missing information from your claim, and outline what to expect.

Legal Knowledge

Your lawyer understands the applicable laws, deadlines, and strategies that aid in SSDI appeals. They know what it takes to meet the requirements under disability law.

Evidence Gathering

A Social Security disability lawyer will collect, organize, and present a stronger case for you with robust evidence. They can use their network of professionals in the specific field of injury you have, as well as medical records, to demonstrate your eligibility.

Case Preparation

Your legal representative will prepare a persuasive appeal package or hearing strategy tailored to the facts of your case.

Increased Likelihood of Success

Studies show that individuals with a law firm have better outcomes than those without legal representation.

Representation at Hearings

Your attorney will advocate for you in hearings, challenge the denial of your appeal, and question any witnesses who may be working against you.

Disability Hearing Appeals Process

Lawyers manage deadlines, forms, and communication with the SSA, reducing stress and the risk of procedural errors.

Boost Your Chances. Let Our Disability Attorney Fight for Your Benefits.

Even when healthcare providers tell you not to work, the chances of winning disability are low initially. You may be able to improve the outcome by hiring a trusted and experienced lawyer. Call Montagna Law for a free consultation at 757-622-8100 or fill out our online contact form.

Frequently Asked Questions

When Is the Right Time in the Application Process to Hire an Attorney?

You can hire a disability attorney at any stage — before applying, after a denial, or when preparing for an appeal. However, having a lawyer from the start can help avoid mistakes and improve your chances of approval. Many experts recommend getting legal help, especially before the appeals hearing stage, where an attorney’s experience is most valuable.

What Would Be a Reason Why a Disability Lawyer Can’t Win Your Case?

A disability lawyer may be unable to win your case if there is insufficient medical evidence, a lack of ongoing treatment, or if you do not meet the eligibility requirements for benefits. Attorneys often decline cases where there is little chance of approval due to weak documentation or ineligibility. You can learn more about this during a free consultation, where our legal team will review the Social Security disability process, your initial claim, and concerns about your impairment, as well as what we believe you can expect moving forward.

How Long Does a Disability Appeal Take?

A disability appeal can take anywhere from several months to over two years, but the average time from appeal to a final decision is about 15–16 months, depending on the stage and complexity of your case. Wait times vary widely by region and specific circumstances. When you receive legal advice from us, we will provide you with more insight into a timeline tailored to your specific situation.