What are My Chances of Winning a Disability Appeal in Georgia?

Your chances of winning a disability appeal in Georgia are about 54% if you are able to proceed to the Administrative Law Judge Hearing phase. At the initial reconsideration phase, your chance of winning your disability appeal in Georgia is statistically only about 18.6%.

Applicants who take the right steps and make smart decisions have a better chance of winning their appeal than most people. Working with an attorney who handles disability appeals cases in Georgia can significantly improve your chances.

Our Atlanta Social Security disability lawyers have more than 350 years of combined legal experience. We understand the Social Security Administration (SSA) appeals process and will advocate on your behalf so you get the benefits you deserve. Call for your free consultation.

Why Social Security Disability Claims are Denied in Georgia

Social Security Disability Insurance (SSDI) provides a way for injured or ill people to get financial help and access to medical care when they are unable to work. Unfortunately, according to data on Georgia and Social Security Disability Benefits, only 34.9% of initial applications are approved.

If your disability claim is denied, you have the right to appeal by following a process outlined by the Social Security Administration. You will receive a letter from the SSA outlining the reasons for your denial and what steps to take next. Common reasons for denial include:

• Your application lacks medical evidence
• Your condition is not expected to last at least 12 months or result in death
• You are still able to do some type of work, according to SSA rules
• You didn’t follow the prescribed treatment without a valid reason
• Your income is over the Substantial Gainful Activity limits
• You failed to include appropriate paperwork or respond to SSA requests

The Social Security Disability Appeals Process in Georgia

While a denial of your disability claim can be surprising and seem unfair, a knowledgeable attorney can often resolve issues that are preventing your approval. Sometimes, your denial comes down to a simple error or missing documents.

Our legal team can explain how you can appeal an SSDI decision and help you through the process. The Social Security Administration appeals process consists of various stages.

Reconsideration Stage

During the reconsideration stage, a different examiner reviews your case and any new medical evidence you submit. At this stage, your chances of winning your disability appeal in Georgia are about 18.6%.

This phase is mainly an administrative review, not an in-person evaluation. However, completing this step is required before you can request a hearing with an Administrative Law Judge, where your chance of winning your appeal increases substantially.

Administrative Law Judge Hearing Stage

At this hearing, you appear before an Administrative Law Judge in person, by phone, or by video. You can submit evidence and call witnesses, and it’s smart to have an attorney represent you. This hearing offers the best chance of winning with a success rate of 54%.

During the hearing, the judge will evaluate your medical records and ability to work. The top 10 disabilities that can result in the need for benefits often require extensive documentation, and it’s easy to make a mistake. Our attorneys can collect evidence and represent you at the hearing.  

Appeals Council Review Stage

If the Administrative Law Judge again denies your claim, you may request a review by the Appeals Council. The Council does not hold hearings but will examine whether the judge followed the law and considered all available evidence.

The Appeals Council may affirm your denial, approve your claim, or remand the case for another hearing if procedural or legal errors occurred. Success at this stage is fairly low, with the exception of cases sent back to the hearings stage.

How to Improve Your Chances of Winning a Disability Appeal in Georgia

If possible, consult with an attorney who is experienced with Social Security Disability before filing your claim. If you have already received a denial, a lawyer can improve your chances of winning and getting the benefits you need.

Important actions that can increase your chance of winning your appeal include:

• Keep your medical records updated and ask your doctors to clearly describe your limits.
• Go to your appointments, follow your doctor’s instructions, and document your efforts to get care.
• To prepare for your hearing, practice explaining your symptoms, daily challenges, and job history.
• Keep a simple log that shows your condition’s real impact and supports what you say at the hearing.
• Try not to earn over the Substantial Gainful Activity limit during your appeal.
• Stay on top of paperwork, deadlines, and appointments.

Get Help Winning a Disability Appeal

Your chances of winning a disability appeal in Georgia range from around 18% at the initial reconsideration stage to 54% at the Administrative Law Judge Hearing Stage. Making smart decisions and working with an attorney can greatly improve your chances of success.

For more than two decades, John Foy & Associates has advocated for injured accident victims. When you are hurt, get The Strong Arm™. Our legal team will fight to help you win your disability appeal in Georgia.