10 Signs You Will Win Disability Benefits

September 02, 2024 at 12:47 PM EDT

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Originally Posted On: https://cannondisability.com/blog/10-signs-you-will-win-disability-benefits/

TOP 10 SIGNS YOU WILL WIN DISABILITY BENEFITS

WHAT ARE THE TOP SIGNS YOU WILL WIN SSDI & SSI BENEFITS?

Signs you will win SSDI and SSI benefits can be hard to find. But, this article can help you if you want to predict your results in the Social Security appeal process.

If you are filing an application for Social Security Disability Insurance Benefits (SSDI) and Supplemental Security Income benefits (SSI), then you already know how frustrating the process can be. After you apply for benefits, you will usually wait four to six months to get an initial decision. Usually, the initial decision is a denial. Because almost 90% of SSDI and SSI claims are denied after the application.

If your application is denied, then you must appeal within 60 days. Likewise, if you are denied again, then you must request a hearing. Waiting for a hearing date can take up to a year. How long you wait depends on where you live in the country. Review tips on how to survive the wait for SSD benefits.

During the time it takes to get a hearing, you will be wondering what the SSA will decide. Are there any clues that can give you an answer?

The answer is yes.

Read below for the top 10 signs you will win benefits. These signs will give you a good idea as to whether or not you will win your case.

SIGN #1. YOU HAVE ENOUGH WORK CREDITS TO QUALIFY FOR SSDI BENEFITS

SSDI benefits are only available to those who have earned enough work credits. You earn work credits by working and paying Social Security taxes. If you earn enough work credits, then you qualify to apply for benefits. In 2024, workers gained one work credit for every $1,730 that came from company wages or self employment. Learn about the SSA’s definition of work. You can also qualify for concurrent benefits.

Your work credits determine if you qualify for Social Security Disability Insurance (SSDI). To have enough work credits you must have worked 5 years out of the last 10 years. The number of work credits you need for SSDI benefits depends on your age and your onset date of your disability.

A. HOW DOES A YOUNG WORKER QUALIFY FOR SSDI BENEFITS?

Normally, you need 40 work credits and 20 of them must be earned in the last 10 years. However, a young worker can qualify for SSDI benefits without having so many work credits. For example:

If you are less than 24 years old, then you will need 6 credits in the 3 year period which ends when your disability began.
Between the ages of 24 and 31, you will need work credits which are equal to half the time you worked between age 21 and the date your disability began. For example, if you were 30 when your disability began, then you will need 4 years of work history and 16 credits.
If you are between 31 to 42 years old, then you will require a a minimum of 20 work credits.
When you are older than 42, the number of work credits you will need is based on a sliding scale and adds two credits every two years to the 20 work credit requirement. For example, a person who is 50 years old will require 28 credits to qualify for benefits.

SIGN #2. YOUR MEDICAL CONDITIONS KEEPS YOU FROM WORKING FOR OVER ONE YEAR

If you cannot work for at least one year because of your medical conditions, then you have a chance of winning SSDI and SSI benefits. Unfortunately, if your medical condition lasts less than 12 months, then you will not qualify for benefits.

For example, if you break your arm and your leg in a car accident, then you may need to take few months off work. But it is likely that both limbs will heal within a 12 week period of time. Even if it takes your leg longer to heal, it will still heal prior to one year. Therefore, you can return to work when you’re healthy again. Your ability to resume work will be long before twelve months.

SSA benefits pay for medical conditions that prevent you from working for the rest of your life. Unless you have private insurance or state benefits, there isn’t a benefit program that will pay you on a monthly basis for short term medical conditions.

A. REGULAR VISITS WITH YOUR TREATING DOCTOR WILL HELP YOU WIN BENEFITS

If you see a treating doctor on a regular basis while you are off work, then that is a good sign you will win SSD benefits. Receiving regular treatment from a doctor provides the medical evidence you need to win benefits. It is also a sign that your condition is chronic, not temporary. Even if you believe there is nothing a doctor can do for you, without regular visits to the doctor you will not win SSD benefits.

You have a better chance of winning SSDI and SSI benefits if you have a condition that is not going to improve. For example, if you have Multiple Sclerosis, Parkinson’s disease, or Liver Cancer, then the SSA should pay you benefits. These are a few examples of chronic medical conditions that are not likely to improve and prevent work for over one year.

SIGN #3. SUBSTANTIAL MEDICAL EVIDENCE SHOWS YOU HAVE A SEVERE MEDICAL CONDITION

You must have medical evidence that supports your application for SSDI and SSI benefits. Learn about the importance of medical evidence in your SSDI case. The Social Security Administration will use your medical records to assess whether your medical conditions prevent you from working.

The SSA usually denies claims because people fail to submit medical evidence. The SSA uses their “blue book,” also called the “listing” to determine if your medical condition is severe. They look to see if your medical condition meets or equals their listing. If your condition does not meet or equal the listing, then you can qualify for benefits by proving your residual functional capacity (RFC) prevents you from working.

A. WHAT ARE SUPPORTIVE MEDICAL RECORDS?

In order to win benefits, you need supportive medical evidence from your treating doctor. Additionally, the following medical records will support your case:

Progress notes from your doctor
Diagnostic reports
X-rays, CT scans, and MRI’s
Medical reports from experts on your conditions
Hospital stay records
Outpatient records of mental health treatment

In order to get these records, you need to go to the doctor. Are you going to your doctor on a regular basis? Once or twice a year won’t cut it. Visit your doctor at least once a month. Go to a counselor every two weeks. If you have a good relationship and support from your treating doctor, then that is a good sign you will win benefits.

SIGN #4. YOU ARE OVER 50 YEARS OLD

The older you are, the easier it is for you to win SSDI and SSI benefits. The reason for this is the SSA can apply the Medical-Vocational Guidelines to your case.

If you are over 50 years old, the rules state that even if you can perform seated unskilled work, then (as long as it was not your past work), you would win benefits. SSA’s rules show that the older a person becomes, the less likely they are to be hired by employers. They also recognize that it is more difficult to learn new skills and change jobs as you age. Learn about how being over 50 years old is helpful to win your benefits.

For example, maybe you worked doing a physical labor job, like construction. Now, due to a herniated disc in your back, you can no longer do that job. If you are younger than 50, then the SSA might decide you can get an office job. Even if you don’t know how to do an office job, the SSA will believe you could learn how to do it. However, if you are older than 50, the SSA does not expect you to learn a new career.

SIGN #5. YOU CAN PROVE YOU CANNOT DO YOUR PRIOR JOB

Another sign that you will win SSD benefits is being able to prove you can no longer do your past job. If you have records from your former employer which show you cannot work, then you should submit them to the SSA. For example, attendance records that show you missed work on a weekly basis are good evidence.

Additionally, you could submit records from your former employer showing that you took extra breaks at work. Or, that you were fired from your job due to poor performance or lack of attendance because of your medical conditions.

Also, if you used FMLA while you were working, then submit those records to the SSA. Finally, if you stopped working and started to receive private long term disability benefits, then you should also submit those records to the SSA. Remember, in order to prove your medical conditions prevent you from working, you must show you have been off work for at least 12 months.

If you have medical evidence from your doctor that is a good sign. Also, records from your former employer which show you cannot work a 40 hour work week, are another great sign that you will win SSDI and SSI benefits.

SIGN #6. YOU CAN PROVE YOU CANNOT PERFORM SEDENTARY WORK

Sedentary work is the simplest form of work. If you have a desk job, then you have a job that requires lifting less than 10 pounds. It also requires you to sit for six hours out of an 8 hour day. If you can prove you cannot do a seated job, then you have also shown you are not able to perform harder work, like light and medium work.

For example, depending on your ability to lift, sit, stand, walk, carry, and bend, the SSA will determine you can work in one or more of the following types of jobs:

Sedentary
Light
Medium
Heavy
Very heavy

Sedentary work is the easiest to perform, because it is seated. Light jobs require standing and lifting up to 20 pounds. For light work, think cashier. Medium work requires heavier lifting. For medium work, think janitor. An example of heavy or very heavy work is the job of coal miner or oil field worker. These individuals lift up to 100 pounds on a daily basis.

When the SSA considers your case, they determine your residual functional capacity (RFC). They use your medical evidence to define your physical limits in terms of lifting, sitting, standing. If your limits keep you from doing your prior job (and your education or age prevents you from doing a different job), then this is one of the best signs you will win benefits.

SIGN #7. YOU CAN PROVE YOU CAN ONLY DO UNSKILLED WORK

If you don’t have a college degree or a certificate, then that is a sign you might win benefits. A lower level of education means you may not have skills. For example, being a plumber is a skilled job. It takes years of school and experience to become a plumber. That means the job requires skills you must go to school to learn.

The SSA uses the Dictionary of Occupational titles to define different types of jobs. Jobs are either unskilled, semi-skilled, or skilled. The following rules apply:

Unskilled work can be learned on the job in less than 30 days. You don’t need to go to school to learn how to do a job that requires no skills.
Semi-skilled work requires some skills, but it doesn’t involve complex work duties. Learning skills for these jobs takes 3-6 months.
Skilled work requires going to school or experience. For example, to become a lawyer, you must have a college degree and then go to law school for 3 years. School give you the knowledge you need to practice law. However, even after school, you still need to practice law to learn more skills.

If you have an SSA hearing, then your education level will show whether you can perform other work. Skills from one job may transfer to another job. If you don’t have skills, then you may not be able to work.

SIGN #8. YOU CAN PROVE YOU ARE NOT ABLE TO SUSTAIN A 40 HOUR WORK WEEK

There are times, even if you are over 50 years old, that the SSA will find you are still capable of working. This happens even if you can show that you cannot perform your past jobs. The SSA may find you can do a physically easier or mental less complex job. If that is the case, then the only way for you to win benefits is to prove you cannot sustain work for 40 hours a week.

The way to prove you cannot sustain work 40 hours a week is to show that you will be “off task.” For example, if your doctor requires you to lie down two hours a day to elevate your legs because of a heart condition, then you cannot work at any job. Likewise, if you have a mental condition or pain that prevents you from doing simple tasks, you cannot sustain a job.

Other options are proving you need extra breaks during the day. These would be in addition to normal breaks. For example, if you have Crohn’s disease, then you may need time away from your job to use the bathroom multiple times a day. Most employers will not give you multiple breaks on an ongoing basis.

SIGN #9. SIGNS YOU WON YOUR SOCIAL SECURITY HEARING

There are signs that tell you if you won your Social Security hearing. Below are the most important signs of winning at the hearing level:

The judge issues a bench decision at your hearing. This means the judge tells you at the hearing (from the bench) that you have won your case. Normally, this does not happen. But, if it does, you can expect a quick written decision.
The judge asks few questions and goes straight to vocational expert testimony. This is also a good sign you will win. It means the judge believes your medical evidence and only wants to ask the VE if there is any work you can perform.
You get a judge that has a high grant rate. This means the judge is likely to approve your case if the evidence shows you cannot work. Unfortunately, there are a few judges who have extremely low grant rates. These judges approve only 10% of their cases. With these judges, there is very little you can do to win your benefits.

It is important to note there is no guarantee you will win your case. Even if all of the signs that you will win benefits are positive. An award of benefits is ultimately up to the judge. If you do not win, then you can appeal the decision to the Appeals Council. Find out how to file an appeal with the Appeals Council and Federal Court.

SIGN #10. YOU HIRE A SOCIAL SECURITY ATTORNEY

Since most claims are denied, you should work with a Social Security lawyer who is an expert in winning SSD benefits. An attorney can walk you through the application process. They can also help you collect the medical evidence the SSA needs to see to grant your benefits.

Because the claim process can take months, your Social Security attorney might be able to make the process go faster. If the SSA denies your claim, your attorney will file an appeal.

There is evidence that hiring an attorney with experience makes it three times more likely you will win benefits. Obviously, a law firm that practices Social Security law on a daily basis will help. For the past 30 years, our Social Security Law firm has won over 20,000 cases. We offer a free review of your case. Also, there is no attorney fee to pay unless you win benefits. Give us a call to see if we can help you win benefits.

WHEN WILL YOU KNOW YOU HAVE WON BENEFITS?

Is there a sign that you have won your benefits? If you have just applied for benefits and you win, then you will receive your decision in the mail. If your case is denied, then you also receive a denial in the mail. Over 90% of cases are denied at the initial level. Your attorney receives the SSA decisions at the same time you do.

Unfortunately, the SSA does not give any sign as to what they are going to do. Denials don’t arrive any faster than a win. Also, if the SSA sends you to one of their doctors, that is not a sign you will win your case. But, it is a sign they need more information about your health. Learn about the free SSA medical exam.

The best way to know if you will win your case is to review your medical evidence. If you treating doctor supports you, then that is a good sign you will win benefits. However, some conditions fall under the compassionate allowance rules. Review the list of the conditions that automatically qualify for benefits.

WHAT WE DO TO HELP YOU WIN SSD AND SSI BENEFITS

You do not need to apply for Social Security benefits by yourself. We can help you. For example, our attorneys and staff can:

Help you file your application for SSD and SSI benefits
Appeal if you receive an initial denial from DDS
Help you confirm your SSA doctor exam
Request a Hearing with an SSA judge
Prepare you to testify at your SSA hearing
Represent you at your hearing and question the expert witnesses
Read about job experts
Learn about medical expert testimony
Appeal an SSA decision with the Appeals Council
Request review of an Appeals Council denial in Federal Court

If you file your application on Social Security’s website, then you have 6 months to complete it. Once you submit your application, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, the SSA will not process your application. Sign it and send it back quickly.

WE OFFER A FREE REVIEW OF YOUR BENEFITS

If your lawyer offers a free review of your case, that is a good sign you will win benefits. Your lawyer knows what they are doing. If you need help filing for benefits, then call our law firm. We offer a free review of your case.

When you call us explain your situation. At that point, we will look at the merits of your case. Next, we let you know if you have a chance to win SSD benefits. We do not charge you for our review of your case.

We have won over $100 million in SSD benefits for our clients. Hire us to be your Social Security legal team.

We help clients win benefits in many states. Find out how to apply in your state:

No matter where you live, we want to be your legal team. Hire the best Social Security legal team with no money down. Also, there is no attorney fee unless we win your benefits. Contact us today. We know that not being able to work and running through your savings is hard to take. Therefore, we will due our best to win your benefits as quickly as possible.

YOU ONLY PAY ATTORNEY FEES IF YOU WIN YOUR BENEFITS

The SSA has capped attorney fees in Social Security cases at 25% of your past due or back benefit or $7200. You pay whichever amount is less.

For example, if your attorney wins your SSDI case and your back benefit is $10,000, then the attorney fee will be 25% or $2500. In such a case, you don’t pay the cap. Instead, the attorney fee is 25% of the back benefit, which is less than the cap. This is what happens in most cases.

In another example, if you attorney wins your SSDI case and your back benefit is $100,000, then the attorney fee is not $25,000. Instead, the attorney fee would be the cap of $7200. Because that is the most your attorney can charge you after winning your case at the hearing level or below.

Additionally, your attorney can only charge an attorney fee if they win your case. In other words, if you do not win your benefits, then you do not pay an attorney fee. This means that your attorney has worked for up to two years on your case for free. So, if you don’t get benefits, then your attorney doesn’t get paid. Obviously, your attorney has a good reason to win your case. Learn about attorney fees in SSD cases.

IS IT WORTH THE ATTORNEY FEE TO HIRE AN SSD LAWYER?

It isn’t easy to get Social Security benefits. The application process can be frustrating for most people. But, having an attorney during the five step SSA review process can relieve stress. In our experience, when you have a law firm handling your SSD case, the SSA follows their own procedures.

Additionally, when you have an attorney with legal experience, they will have access to Social Security’s decisions throughout the process. They can also submit medical evidence that may be missing from your case.

There is evidence that hiring an expert SSD attorney triples your chances of winning SSD benefits. It is also smart to hire an attorney to represent you at your hearing. After all, you are the star witness at your hearing. If you hire an attorney with experience, then they can prepare you to testify at your hearing. Find out how to prepare for your hearing.

WHAT WILL IT COST YOU IF YOU DON’T HIRE THE RIGHT LAWYER?

What will it cost you if you don’t hire a lawyer with the legal experience to win your case? If you win your benefits, then you will get monthly benefits until age 67. For example, if you win benefits at age 50, then you are paid for the next 17 years. You may also win two of years of past due benefits. That means 19 years of payments to the average 50 year old.

At $1200 a month (which is a lower than average benefit amount), that is $273,600. Additionally, you will win a higher retirement benefit after the age of 67. Let’s say the average higher retirement benefit is $300 a month and you live to be 90 years old. That is another $82,800.

It costs 25% of your back benefit OR $7200 from your back benefit to pay your attorney. You pay whatever is less and only if you win. If you win your case, then you get $356,400, plus early Medicare benefits.

So, you can go it alone. But chances are, if you go it alone, you will lose $356,400. Or, you can hire an attorney with over 30 years of experience and pay $7200 and win $349,200. The choice is yours. But, we hope you can see that the cost of a lawyer with 30 years of experience is “worth it.”

HIRE US FOR OUR YEARS OF LEGAL EXPERIENCE

The SSA benefit process can be long and complex. Hire Cannon Disability Law to give you legal advice and walk you through the application process. In the past 30 years, we have won millions of dollars in ongoing and past due benefits for our clients.

If you need SSD benefits, then hire an attorney with the legal experience to win. If you don’t win, then you don’t pay an attorney fee. Look at the signs that you will win benefits, but also hire an attorney to triple your chances of winning. For help, contact us.

If you want to learn more about our lawyers and staff, then read About Us. For example, you can learn about Andria Summers. She has spent 23 years working at our law firm. She can help you with your Medicare advantage plan.

Additionally, Dianna Cannon has been helping clients win benefits for over thirty years. Ms. Cannon has years of Federal Court experience. She has also taught law school and written a book on SSDI benefits. Brett Bunkall also has years of legal experience helping people win their SSI and SSDI benefits. We are Social Security law experts.

You can trust us to help you win benefits. Remember the signs you will win benefits are important, but so is hiring the right attorney. We will do everything we can to make the process of winning SSD benefits as easy as possible for you.