What is the Percentage Chance That I Will Win My Disability Case?

March 4, 2024

One of the services our team of disability lawyers provides for free to any person who cannot work due to health impairments—not just those who are already working with us to get disability benefits—is an in-depth evaluation of their Social Security Disability case.

Inevitably at these evaluation meetings people will ask: “What is the percentage chance that I will win my disability case?” or something along those lines.

“While I fully understand this thought process of wanting to hear some percentage,” observes Nash disability attorney Dan Rosen, “there is no way to peg a percentage. There are so many factors which can affect the outcome of a disability benefits claim. While we can’t provide a percentage, we can give the best advice on how the system works, and how best to increase the chances for an approval.”

Here are some of the most common issues that can dramatically affect the outcome of your Social Security Disability case and how you can make them work in your favor.

Have you been seeing a doctor to have your medical condition assessed and documented?

For most disability claims, you must prove that you cannot work due to one or more physical or mental conditions. The condition must be expected to eventually lead to death, or at least to last for 12 consecutive months.

It is not enough to say you are disabled.

You will have to prove your medical condition, and the Social Security Administration (SSA) will require detailed reports from your doctor.

Social Security relies on medical information from doctors, clinics and hospitals to determine how severe a physical or mental condition is. No matter how disabled you may think you are, the SSA will not pay benefits without precise and up-to-date medical documentation.

See your doctors early and often. Keep in mind that the SSA will not consider lack of insurance or income as a valid reason for missing regular medical treatment because there are clinics which offer free or low-cost treatment for those with limited resources.

See a specialist. A medical specialist with experience and especially board certification in treating your disability bolsters the credibility of your claim.

Get your RFC—“residual functional capacity”— form completed. We provide the RFC form to your doctor, who fills it out. The form evaluates what you can still do despite your impairments. It is one of the most important pieces of evidence in a Social Security Disability case.

Social Security often gives substantial weight to the opinion of your personal physician because that person has first-hand knowledge of your medical condition and prognosis and is often in a better and more informed position to provide information on what you can and cannot do.

Keep in mind that a statement from your doctor that simply says you are “disabled” or “unable to work” is not sufficient. The details on the RFC form are crucial.

Have you followed all prescribed treatments?

You must completely follow treatment plans set by your doctor, including taking all prescribed medications.

When the Social Security Administration is reviewing your claim for disability benefits, they will be looking at what treatments you have undergone and how you responded to the prescribed treatments.

If you have not cooperated with your doctor’s treatments, it can scuttle your claim for disability benefits.

Have you responded to all SSA requests in a timely manner?

If you do not respond to calls or letters, Social Security may deny your claim for failure to cooperate with them.

You must complete all the paperwork Social Security sends even if the forms seem complicated and burdensome, and they ask for information you’ve already provided.

Social Security can deny your claim if you don’t complete all the paperwork. Also, you must cooperate with Social Security if they request that you see one of their doctors. If you refuse or miss appointments, Social Security can use this as a reason to deny your claim.

Have you kept your disability attorney informed about all your health care providers or changes in your situation?

On your behalf, our disability lawyers will collect and review all your medical records, which will save you the time of getting them on your own. But it is critically important that we contact all of your health care providers.

Tell our disability law firm team if there is a change in your treatment or if you go to the hospital. Notify us of any change in address or phone number. If you go back to work, even part time, we need know about it.

Instead of focusing on calculating the odds of winning your benefits claim, it is far better to actively improve your odds of winning disability benefits. That starts with all of us working together as a team.

At Nash Disability Law, we have highly skilled Social Security Disability lawyers.

But your case for Social Security Disability benefits is much stronger if you are actively involved and provide us with the information we need for success.

The road to winning Social Security Disability benefits is almost always long and often rocky.

Our Social Security Disability attorneys stand ready to guide you down this road, to defend your interests, and fight for your rights.

Contact us at Nash Disability Law for free evaluation of your situation.