There is no question that Social Security has made it much more difficult to qualify for disability benefits. In 2025, hearing approval rates nationally stood at 50%.  In 2024, the rate was 51% but in 2023 only 45% of cases heard by judges at hearings were approved.  Keep in mind, however that the judge assigned to your case may have an approval rate much higher or much lower than the average.  For example, there is a judge hearings cases in Las Vegas who has an approval rate of 9%.   By contrast, there is a judge hearing cases in Oak Park, IL with an approval rate of 93%.

Whether your chances for approval should rest on what amounts to a lottery is a subject for a different day, but in my experience, you are likely to get a fair hearing from judges whose approval rates are at least 40%.  SSA should review judges with outlier approval rates – either too high or too low.  Overly high approval rates undermine confidence in the system and empower critics of the disability program who argue (incorrectly) that disability benefits are too easy to win.  But it is clearly unfair if you end up before a judge who approves only 10 or 15% of cases.

Attorneys in this practice area share our experiences with judges and I remember asking about a judge in Charleston, SC with a 15% approval rate and one of my colleagues responded that she had appeared before this judge dozens of times over 10+ years and had never won a case. How anyone can argue that extremes of a approval rates, either unreasonably high or  unreasonably low, makes any sense is beyond me.

Further our elected representatives in Washington, D.C. have been putting pressure on Social Security officials to keep approval rates down. The Social Security Board of Trustees reports that the trust fund that pays disability benefits will run out of money in 2034.  The last time this happened, in 2016, the fund was shored up when Congress transferred funds into the disability funds from other accounts.  In the current political enviroment, there seems to be no consensus on how to address the looming insolvency of the Social Security trust fund.

There is also a widespread perception in Congress that judges have been too lenient in approving claims, and there have been a few high profile cases of outright fraud (although these cases capture a lot of attention they represent only a tiny fraction of awards).

So what does all this mean to you.

In my practice I definitely sense that administrative law judges give much more scrutiny to claims of younger individuals – Social Security defines “younger individual” as anyone under the age of 50. No doubt, SSA administrators regularly remind judges that a 30 year old approved claimant will be drawing on the trust fund for another 30 years, whereas a 55 year old claimant will likely draw on the fund for only 7 or 8 years.

So, if you are under the age of 50, you will have more of an uphill battle. However, disability judges will approve younger claimants if the medical and other evidence directs a finding of disability. Here the most important factors that I consider when evaluating a claim by a younger individual:

Consistent medical care – judges do not want to see gaps in your medical care. Ideally you will need records from a long time treating physician or physicians, as well as records from a specialist (if applicable).

Support from one or more treating doctors – the main issue in your disability claim has to do with the impact your medical condition has on your capacity to work. More specifically you will need to prove to the judge that you would not be reliable and capable of performing the duties of a simple, sit-down type of job. The best evidence you can submit is statements from your doctor identifying work limitations caused by your medical condition. In my practice I use functional capacity forms or narrative reports. If your doctor will cooperate, your chances of winning go way up.

Long and consistent work history – judges respect and appreciate disability claimants who have worked consistently over a long period of time. Judges understand that if you have worked your way up to a position of responsibility with good pay and benefits, you would not suddenly quit your job to sit at home for 2 years waiting for SSA to make a decision.

Work attempts – my experience has been that judges respect claimants who have tried, but failed to return to work. Sincere, but short lived work attempts can enhance your credibility.

Nature of your diagnosis – my experience has been that judges are more comfortable approving claims filed by younger individuals when those claimants are afflicted by medical conditions that can be documented by objective testing like MRIs and CT scans. For example, multiple sclerosis, irritable bowel syndrome, post-surgical unstable spine, traumatic brain injury, Type I diabetes are all conditions that are subject to medical tests, and most likely will be permanent.

“Invisible Illnesses” – Much More Difficult to Win. By contrast, conditions like fibromyalgia, chronic fatigue, CRPS, depression, anxiety, or ADHD are less apparent using objective medical testing and your degree of impairment is much more subjective. If you are a younger claimant, the judge is less likely to give you the benefit of the doubt.

Mental health conditions, in particular, are a real uphill battle for every claimant but especially for those under 50.  I have no doubt that anyone struggling with social anxiety, medication resistent depression, PTSD, bi-polar disorder and similar conditions would have a very difficult time being reliable at a job.  Unfortunately, in my experience, SSD judges are very unlikely to approve these cases, especially for younger claimants.  The evidence that seems to move the meter in these cases are things like multiple in-patient hospitalizations, suicide attempts, failed medication trials and extensive psychiatric treatment records, and support from treating mental health providers in the form of functional capacity forms.

Common Medical Conditions – More Difficult for Younger Claimants to Win. Other conditions that are objectively determinable, such as bulging or even herniated discs, Type II diabetes, obesity, COPD, osteoarthritis can still be difficult to win because these conditions are relatively common.  I suspect that every judge has in his or her mind a “profile” of the evidence needed to justify approval of a case.

For example back and neck pain are the most common reasons people file for disability benefits.  Judges see these claims day after day.  In my experience most judges expect to see:

• recent MRI test results that show disc involvement (i.e. a herniated or severely bulging disc(s) and nerve root or spinal cord impingement, spinal stenosis)
• failed conservative treatment (epidurals, facet injections, radio frequency ablations)
• referrals to pain management and/or an orthopedic or neurosurgeon

If a judge reviewing your case sees only X-rays, or pain managment with your family doctor, or MRIs that show degenerative disc disease (spondylosis or osteoarthritis) there is a good possibility that the judge will conclude that your allegations of pain or limited mobility are not entirely believable and that if under the age of 50, you could likely work through the discomfort or that you could improve your health with lifestyle changes.

Obviously you know better than anyone how you feel about the prospect of trying to work a job 8 hours a day, 5 days a week. But if you are thinking about pursuing Social Security disability benefits, you need to understand that disability judges are very skeptical, the process can take 2 to 3 years and that if you are 50 or younger, you will need very convincing evidence.

Obtaining representation.  As you may know, attorneys representing clients in Social Security disability claims do so using a “no fee unless we win” contintency fee contract.  Disability cases can take two to three years to process through SSA’s system.  As such you may find it difficult to find a lawyer to represent you if you are in your 20’s, 30’s or even 40’s unless the evidence is extremely compelling.  In some cases this means that you may have to represent yourself if you decide to pursue disability benefits.

I urge you to take advantage of the free information I publish on my YouTube channel and to join me on Wednesday evening livestream to ask questions and to learn more about the process.

[This blog post updated by Jonathan on June 1, 2026.]