6 Steps to Strengthen Your Social Security Disability Claim

A 2022 study by the nonprofit National Bureau of Economic Research found that having an attorney or professional advocate early in the process increased the probability of getting a positive decision on an initial benefit claim by 23 percent and reduced the total case processing time by nearly a year, in large part because winning at the first stage means avoiding a lengthy appeal.

Private disability lawyers typically offer a free initial consultation and, if they take your case, do not charge up-front fees. Rather, they get paid if you win, collecting a share of the “back pay” — past-due benefits dating to when the SSA determines you became disabled. The fee is capped by Social Security at 25 percent of the past-due amount or $7,200, whichever is less.

The National Organization of Social Security Claimants’ Representatives operates a referral service that can help you find an attorney or advocate in your area. State and local bar associations may also be able to connect you with disability specialists.

3. Sweat the details

In 2021, the SSA rejected more than 709,000 initial claims for disability benefits without even assessing the applicant’s health. These “technical denials” might arise from nonmedical eligibility issues — for example, a too-short work history to qualify for SSDI or financial resources above the SSI limit — but they can also be due to inaccurate or incomplete paperwork.

“Social Security makes the applications and the process to file hard enough so that lots of people cannot follow those rules, which allow SSA staff to technically deny even when many of those claimants are [medically] eligible,” says Joshua Eyestone, an attorney with Heard & Smith, a San Antonio firm that specializes in disability cases.

Something as simple as leaving a question unanswered or missing a request for further information can spark a processing delay, he says.

Technical denials have become considerably more common in recent years. In 2001, for every 8.4 SSDI applications there was one technical denial, according to SSA data. In 2021, the most recent year for which detailed data on claim outcomes is available, the ratio was about 2.4 to 1.

4. Make sure medical records are complete

“I tell clients you don’t necessarily get benefits for being disabled — you get benefits for being able to prove it,” Weiss says. That means providing detailed documentation of your condition and how it affects your working life.

“It’s not, ‘I have this diagnosis, so I can’t work,’” he says. “It’s about the condition. ‘I have hypertension or A-fib [atrial fibrillation], which results in fatigue.’ Or, ‘I have more difficulty concentrating and need more frequent breaks.’”

The data you provide needs to be thorough and complete. Just getting a report from an ER or urgent care visit isn’t enough, Weiss says. Make copies of test results, treatment records and doctors’ reports from office visits. Check to make sure Social Security has received any records you submitted rather than waiting for them to tell you things are progressing.

It helps to have a primary care doctor whom you see regularly — someone who knows your situation and how it limits your ability to work. Your attorney may seek sworn statements from your doctors to present if the case gets to the stage of a hearing before an administrative law judge, where the SSA can call its own medical or vocational experts as witnesses.

“I would love it if a [client’s] treating doctor would appear at every hearing,” Doherty says, “but the reality is they’re too busy and they might require payment. It’s not practical. It’s down to the medical records plus the claimant’s own testimony how it affects them.”

5. Contact your congressional representative

If a claim is dragging with no word from the SSA, contact your member of Congress, who may be able to help you or your attorney find out why (but who cannot influence the outcome).

“The time to use it is when you hit the wall at Social Security and the case is frozen for no apparent reason,” Eyestone says. “That’s when you go to a congressional office on behalf of the client. They get that file moved a little bit. It will not change whether they win or lose.”

You can use the U.S. House of Representatives directory to find your congressperson’s official website. Look for a menu labeled “Services” or "Constituent Services" and click the link for help with a federal agency to get instructions on submitting a request. Some members provide information specific to Social Security issues. For example, Rep. Henry Cuellar of Texas invites constituents to contact his office about disability claims, with the caveat that “there are limits to what I can do.”

“At my request, Social Security officials will ‘flag’ a particular case and keep me updated throughout the process. This communication can really help a person understand what is happening with their case, so they can make other decisions regarding their life and family,” Cuellar says on the site, but adds that he cannot act as a ‘representative’ for a disability claimant or overturn an SSA decision.

6. Trim the red tape

If you’re appealing an initial claim denial, you have options to dispense with some of the bureaucracy in hopes of getting a quicker result.

For example, Social Security is required to notify you at least 75 days before a scheduled hearing with an administrative law judge, but you may be able to get an earlier date by waiving the 75-day notice. Just be sure you’re fully prepared to present your case sooner if necessary.

If you believe your case is strong enough, you may be able to skip the hearing altogether by seeking an “on the record” ruling — essentially, asking the judge to review the evidence and render a decision without a formal proceeding. The judge can either grant benefits based on the review or decide to proceed with the hearing.

A claimant who can show “dire need” — an immediate threat to health or safety because the individual doesn’t have money for food, shelter or medical care — can ask to be moved up in the hearing queue.

Some military veterans and people with certain severe or terminal illnesses may qualify for expedited benefit decisions, but in these situations Social Security flags applications for fast-track status — you don’t need to take any action.