IS IT GETTING HARDER TO GET DISASBILITY BENEFITS?

 Yes, it is definitely getting harder to get approved for Social Security disability benefits.

Because of political pressure (Congress and the White House), the Social Security Administration is retraining Administrative Law Judges to decrease the number of disability awards.  As a result, the average national approval rate has fallen from 69 percent in 2008 to 48 percent in 2018.  A 21 percent drop in award rates is substantial.  I see no sign that this trend is going to let up soon.

Social Security leadership is using two different methods to reduce the number of claims they award:

1.  Subtle changes in rules that make it more difficult to qualify, and

2.  Retraining their judges to look for more ways to deny claims.

At my office, we remember 2008 very well.  We could take just about any decent claim before a judge and get it paid. But today you have to fight, scratch and claw (legally speaking) to get even a strong claim paid. 

 I must say that some administrative law judges have taken their retraining much to literally. There are a couple of judges around  who just won't pay a claim, no matter how obvious the disability is. They are infamous among attorneys for refusing to pay cases and they have among the lowest award rates in the country (which I feel sure they are proud of).

In today's Social Security climate it is a bad mistake to attend a hearing without legal representation.  By the time you figure out where the ropes are, it's already too late and you have a judge's proclamation that you are "not disabled" in the record against you.  This is almost impossible to overcome.

A legal advocate knows why claims get denied and what it takes to get one approved.  He or she will know which medical evidence is required to support the claim, and how to get it.  Furthermore, your attorney will know how to present the case in court to give you the best possible chance of success.

There is no charge for consultations.  And you cannot be charged an attorney's fee unless your case is won and you collect past due benefits.  In fact, the legal fee can only be paid out of the past due benefits. 

Face the reality that in 2021 disability cases are very difficult to prove.  Get the best legal representation you can get.  One study from 2017 finds that good representation gives you a 300 percent better chance than going it alone. 

Some things can be do-it-yourself projects.  Social Security disability is not one of them.