Can You Win Your Social Security Disability Case Without a Hearing?

Can you win your Social Security disability case WITHOUT the need for a hearing before a Social Security judge?

You may have heard that Social Security denies most disability applications. This is not exactly true - in fact, about 33% of all applications are approved by Social Security adjudicators, often within 6 to 10 months after filing.

What are the characteristics of a claim that will be approved early?

As I discuss in this video, most of the cases approved early are "listing level" cases. These are cases where the disability applicant has a life-limiting or life-threatening illness.

If you don't have a life-limiting illness you can still win early but it is much more difficult. You would need an EXTENSIVE medical record documenting a significant medical condition along with evidence that your condition PREVENTS you from working.

THE OVER 55 ADVANTAGE

We have also found that our clients over the age of 55 have a much better chance at an early approval. For claimants over age 55 we can often make a "grid rule" argument to ask for an early favorable decision.

If you do not win early you should not give up. While you may end up waiting 18 to 30 months for a hearing, a disability judge has a lot more authority to evaluate evidence.

Right now almost 50% of cases that go to hearings are approved. These are cases that were denied twice but were eventually granted by a judge.

At Ginsberg Law, we know how difficult it can be to wait two years or longer with no money coming in. So if there is any reasonable chance that the evidence in your social security disability case would support an early approval we will make that argument.

If you are currently unrepresented by an attorney, take advantage of our risk-free case evaluation by clicking below. It takes 2 minutes to complete the form.

NEXT STEPS...

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If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
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Social Security Disability Attorney
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[Maggs]

I have watched your videos for years and they helped me tremendously..I am 44 and have rheumatoid arthritis and got approved first time applying and without a hearing..I have been on disability for almost 4 years now. Thank you for all your valuable information in your videos

[thaumaturge]

Don't give up!! I was approved by judge for Listing Level Schizophrenia voices. Process took 3 yrs!! Don't give up.

[dretseljohnson]

Your videos are very informative and so professionally done ✅. Your knowledge on social security matters are impeccable. Thank you for your videos they are truly helpful to the social security community. From Denver Colorado

[PWRRAM]

I won my case at the two year mark during my reconsideration appeal. I fell under the grid rule for 55y/o. Education:GED. 25.5years at last material handler warehouse job. Muscularskeletal issues. Bone on bone left knee and almost on the right knee. Lumbar issues also. Clear MRI medical evidence and two well written out RFC's by my two orthopedic specialists. Was approved Feb 2024. Thanks for all your great videos covering my medical issues Mr. Ginsberg. They helped me get through my SSDI claim waiting period.

[jimbetche]

I won my case without a hearing in 255 days. I did get a lawyer but probably didn't need one but it was just an ace in the hole. I do have stage 3-4 copd and with all my medical history I'm sure that was all I really needed. I'm just waiting on my first check. And back pay.

[ScarlettGraceDesigns]

I won on initial. But it is important to get medical records- including Doctor notes!! Review and make sure if there are errors to have that provider make corrections before submitting to SS.

[colleenkelly]

My case was approved within 7 weeks of applying online.

[fitfighter]

Hi Johnathan unfortunately I have two listing level conditions End Stage glaucoma (Servere Stage) H40.1133 and Dermatomyositis with Myopathy M33.12 life is a complete struggle luckily I'm in the remission state for the Dermatomyositis with Myopathy but the pain is so real and I just passed 50 as well so you probably could imagine the struggle and to be blind on top of it but I'm on SSDI and was one of the lucky ones to get approved early you have been my support for my whole journey Johnathan my life start falling apart right when you began doing these videos on YouTube 2017

[beaubostick]

I did my attorney put in for a hearing a judge looked at my case contacted my lawyer and told them we were not going to court because he approved me because I was over 55 at the time of my heart surgery

[danim]

Thank you for videos.
Helped me so much filing husbands dissability❤

[djkenny]

I had a terrible infection. It was removed a few days ago. Had it done 2 months ago. I had aching off/on whole time. Turned into bad pain a few days ago. Gum inflamed terribly from flossing. I was asked to massage the irritated gums from my dentist. Other gums began to bleed a lot. Had them remove it. It smelled BAD when it was removed. I now have achy neck, feel yucky/malaise, achy upper back. I lost $ and a tooth..and am feeling. terrible.

[crystalmoncy]

Look. I was shot in the eye at 8 years old. Went through many surgeries and eventually obtained lead poison in my head. I lost my entire eye and now at 50 I have really hard time seeing with my only eye. I began having missing time, seizures have had me in a coma for over a week

[kimleyhill]

My question is why is it that the social security office determine if you get awarded disability or SSI benefits and how much you get going by how much money your spouse earns and if you have grown children living with you on how much they earn. What my spouse & children earn has nothing to do with my disability. I started working when I was 16 years old. I applied for disability in 2017 & got denied in 2018, got a lawyer & they filed an appeal months later we went to the social security office for a video hearing. Their own medical examiner told the judge there was no substantial gainful job that I could obtain with my limitations and a month letter I got a letter stating the judge denied my claim anyway. I have no faith in the disability board at all. No matter what they are going to put you off as long as they can only to keep denying benefits.

[IntelligentMisanthrope]

Hello, I received a package form from "the office that makes disability decisions" with pages basically telling wanting me to fill out how does my disability affects my ability to work. I wanted to know is this a good or bad sign? Im 26. And have schizoaffective, bipolar, depression, learning disability, psychosis, & adhd

[timothystacks]

I've all ready applied back in late January now I'll see there eye doctor in Augest just to prove to ssi that I'm leagley Blind. After I see there eye doctor how long will it take ssi to eather aprove me or denied me is my question.

[lunaticmoon]

Hello. I got denied and am in the appeal process. They sent me for a second psych eval and not a second medial eval . The psychiatrist who saw me both times told me I should be approved. I don’t know if that means anything.
I am 56 with scoliosis, I had corrective surgery when I was 15. I still have a curvature of 26 degrees and am having spine pain from my neck to my tailbone. I have arthritis above and below my rods as well as in my hips. I have fibromyalgia and
Migraines. Recently was told I have a hyper flexibility disorder.
I have PTSD from years of working in EMS on an ambulance as well as doing body removals. I also have flashbacks and nightmares from a severe physically abusive relationship. I have depression and anxiety with panic attacks which has me not wanting to leave my home . I see my general Dr, a pain management Dr, neurologist, cardiologist and a dermatologist for my itching and picking issues. I also go to therapy . I am so exhausted all the time.
What are my chances of approval this time?

[GhostCat-zcgj]

I'm in Missouri could you take my case I'm about a month out from my first denial, arthritis, herniated disc, planter fascitis, borderline personality disorder and cptsd and 52 years old

[edwardbodolato]

My Son is 37 years old he was hit by a tractor trailer while walking on a interstate he ran out of gas he was air lifted he has bad brain damage can’t see at all in the right eye can’t walk without pain he has 3 kids and forgets there names and he was denied Social security all his doctors said he can never work again

[marcusharrison]

I'm 50yo in TN was diagnosed with congestive heart failure/mitral valve prolapse, had open heart surgery March 21st 2024, ended up in a coma for 3 weeks, hospitalized 2 months to recover, I have an attorney but they don't seem to be getting anywhere, I applied for disability October 2022 shortly after initial diagnosis, I'm currently 9 months into recon. Any advice for me?

[ebouchezbouchez]

I’ve been waiting since 2019…
1 initial denial 2019
Appealed 2021
2 reconsideration denied 2022
Med eval/psych eval
Appealed
3 1st hearing denied 2023
APPEALED to councils they said there is evidence of disability
Sent back to same ALJ
asked for another med eval
Set hearing date for 2nd time today 2024