There are four levels of appeal if your initial disability claim is denied. Most of the time you
have the option of submitting a new application rather than appealing, but if you have a strong
disability claim and a detailed initial application you should consider appealing your case.
As shown in the snapshot below, only 38% of cases are approved on the initial application while
about 51% of cases that are argued before an Administrative Law Judge (ALJ) are approved.
58% of cases that are argued in Federal Court are remanded back to the ALJ for further review.
These are national numbers. Individual hearing offices may have higher or lower approval rates.
In addition, having your case heard in front of a judge with an attorney present allows you to
more readily explain your situation and limitations. At the initial application, medical reviewers
simply decide if you have a disability after reviewing your medical records. At the higher
appeals levels you get to tell your story and your attorney can help you craft a strong legal
argument showing the judge why you do in fact qualify for disability benefits.
