does that mean three times thru an alj hearing then a win or the denial, appeal, then alj hearing? also, i am sure that my second alj knows that i had a case in federal court pending...does anyone know if it may go in my favor that since the federal court one (2 years ago) that i have kept fighting for it, have still been unable to work and filed a new claim? imo, this does show that a person really cannot work, or else they would after the denial...i am not knocking or putting down anyone, please do not take it a that, but to keep fighting should show a judge that the person, along with the medical evidence presented documenting the claim and meeting beyond the bluebook listings, is truly disabled. i do miss working. i miss getting up, the routine of getting ready, the drive to work, the people at a job...the grocery shopping after to pick up things for dinner...i miss it all. the actual joy of completing tasks. the joy of helping someone, other people. i had my child taken from me in 2008, 2 years after my disability hit me, because i could no longer care for him to get him to school on time, help him with his homework, etc....he lives with his father now and i get regular visitation, but i miss taking him to school, and the normalcy of that life. during my alj hearing, after i told the judge about losing custody of my son because of the disability, we discussed a few more things, then he wanted to revisit that subject again, asking me more in deoth what it was that i was unable to do and why the jusge switched custody arrangements. it was a very touchy subject, he undertood that, apologized for having to ask me the questions again....that was hard to re-live. ya'll, im sorry for my weird postings lately, i am still waiting on my decision...and just getting random thoughts out of my brain

Urban myth. If all it took was three applications to be approved, anyone with any problem and no evidence could be approved. Still takes evidence that shows the condition is severe enough.

In some cases..........
Initial application - denied
Reconsideration - denied
ALJ Hearing - denied
Federal Level - APPROVED!

Mine was.....

Janke, I think that's what nicd meant, that those who ERE approved after three denials, which things were we qualifying as our three "tries"......was it as Mz Migraine listed with an initial application, recon, ALJ denials and THEN an approval at the fed level OR multiple different/seperate applications, etc because nicd has a second application in. I think nicd understands that there is no magic formula.

I agree that it is important to clarify that point so that future readers of this thread won't think there is a secret way to guarantee SSDI approval by repeatedly applying.

I think that continuing to appeal and reapply shows that an applicant truly believes that they are disabled, but their belief is not sufficient evidence that they are disabled. I do not think that extra points are awarded for each application. It could be an indication that the applicant has more credibility or it could be an indication that the applicant is just more stubborn.

It is true that statistically, a higher percentage of applicants are approved at the hearing level than at the initial and reconsideration level. I think that explains the urban myth that everyone is denied the first two times and approved on the third. Could be that frivolous claims are weeded out; could be that early denials discourage some; could be that ALJ's are either more easily convinced or apply their own agenda; or it could be that time has shown that the early decisions were wrong because the condition did not get better.

Or it could be that since the ALJ & Federal hearing are heard by "judges." Judges have more discretion over disability claims than say "claim adjusters."

Many applicants don't understand the process at all, nor what SS needs from them in order to approve them. By going through several steps and/or applications an applicant (generally) learns what is needed or an attorney or representative steps in and helps.

Many are advised to file prematurely to protect rights to backpay before they or their docs are clear about their long term prognosis. They may have been unable to work for a year or more but are still hopeful of recovery. When it becomes clear that they won't improve or they've even declined, their SSDI application is already mired in the long waiting process. (Some end up losing significant backpay anyway even if they eventually are awarded benefits.)

I've referred to the period of limbo when a person is dealing with denials as a game of chicken. Someone without access to resources that is disabled but borderline employable will try to work to eat and avoid becoming homeless. There are those that can't work regardless of how dire their financial situation. Others have WC or LTD income, savings, a spouse or extended family that support them temporarily. Will an ALJ inquire about these things? Perhaps--mine did. And a dire need letter can escalate the timeframe of a person's case.

As with everything SSI/SSDI related--it's complicated!

Absolutely and that would explain the wide variety of decisions made with the same evidence by different ALJ's. I wish that the personality or the agenda of the ALJ was not a factor.

And that is the frightening thing...... different results with same evidence, just different ALJ's.

I recently looked up the stats for the ALJ's in my locality and one of the ALJ's has a 99% denial rate. Several others have denial rates in the 80% range. There are a few in the 60% denial rate. Not a single ALJ has a denial rate less than 50%.

I am awaiting my hearing date and sure hope I do not get the 99% denial judge. I only hope for one that will be "fair" minded.