Before You Give Up on Disability: What a Social Security Attorney Wants Chronically Ill People to Know

Few topics make people in this community tense up faster than Social Security Disability. There are the forms, the waiting, the judgment, and the cost of every appointment, and then there’s the denial letter that arrives when you have nothing left to put into a fight.

Josh Worley has spent 23 years working inside that process. He’s a Social Security disability attorney who has represented thousands of clients and now works with people nationwide. I recently sat down with him on The Chronic Illness Therapist Podcast to talk about what he wishes chronically ill people knew before they walk away from a claim.

One pattern I see in my own practice kept coming up: many people will fight tooth and nail to avoid even considering disability, even when one day of work costs them two or three days of recovery. Here’s what I think is most important to know.

Most People Get Denied the First Time, and That’s Where Many Stop

A first denial is very common, and giving up at that point is the last thing you want to do. By Josh’s rough estimates, about 30% of people are approved at the initial application and about 15% at reconsideration, which is a second paper review. Around 50% are approved once they reach a hearing in front of a judge. Your odds get better the further you go.

You generally have 60 days to appeal a denial, so treat that as a firm deadline. If you let it pass and apply again later, you often start over from scratch.

I think of this as structural silencing, coined by Scholar Micha Rahder. The paperwork, the denials, and the drain on your time and energy all push patients out of a system that they have every right to use. Nobody actually tells you to stop pushing, but the process makes stopping the easiest option. Knowing that the numbers improve at each stage can be what helps you stay in it.

Appointments That Feel Pointless Still Count

This part is hard to hear. If you aren’t seeing a doctor consistently, Social Security tends to assume you must be fine. That isn’t fair, but it’s how the system reads a gap in your records.

I’ve worked with many people, myself included, who stopped going to appointments because “they said there’s nothing they can do for me” or “they believe me, but they said there’s no treatment.” That reasoning makes complete sense, and Josh hears it all the time. His advice is still to go, because every visit puts your reported symptoms on record. You can make those visits count by seeing a specialist when you can, since their records tend to carry more weight. It also helps to write down everything you want to mention before you walk in, so nothing gets lost when you’re tired or rushed.

If you leave an appointment realizing you forgot to say something, or you’re not sure if the doctor really wrote down what you did report, my advice is to follow up with an electronic message. This is best done in an electronic patient portal. You could send your doctor a written summary of what you talked about. They may not have included it in their note, but it will now be in your chart. That last strategy is one I often practice with clients, and it turns out to help a disability claim as much as it helps you feel heard in the exam room. I’m always a fan of achieving multiple things with one task.

Your Day Matters More Than Your Diagnosis

It might sound too simple, but what a typical day looks like for you often matters more than the technical name of your condition. Two people with MS can have very different limitations, and it’s the limitations that get evaluated. Social Security wants to know how long you can sit, stand, and walk, and how much you can lift or carry. They also ask about everyday tasks like cooking a meal or brushing your hair.

That’s why it matters to tell your providers everything, including the things that have come to feel routine. Josh has had clients who never mentioned to their doctor that they were getting three migraines a week, so their records said nothing about it. Most people applying also live with a mix of physical and mental health symptoms, such as anxiety, depression, or PTSD, and all of it belongs in the record.

Why Invisible Conditions Get More Scrutiny

Conditions like POTS, EDS, fibromyalgia, and long COVID often face a harder road because Social Security loves objective tests, like an MRI showing bulging discs. Judges often describe fibromyalgia as a diagnosis of elimination. That doesn’t mean these conditions aren’t real or that these cases can’t be won, because they can. They just take more documentation. As Josh put it, a stack of primary care notes can sometimes equal a single page of an MRI.

I feel the weight of that, because we don’t have universal healthcare in this country. Building that stack of records costs money at every visit, and it’s often being asked of people who can’t work.

A Few Rules Worth Knowing

  • Full-time work is a dollar amount. I asked whether it was about hours, and it isn’t. Josh believed the 2026 figure is roughly $1,650 a month but wasn’t certain, so check the current number.

  • Part-time work doesn’t automatically rule you out. If a workday means days of recovery, you can testify to that.

  • Under 50, you have to show you can’t do any full-time job. Over 50, grid rules consider your age, education, and work history, with another benchmark at 55.

  • Your condition has to last at least a year.

Hiring Help Without Fear of the Bill

Many people are too scared to call an attorney because they assumed they’d owe money if they lost. Josh says it’s one of the first questions he hears. Disability attorneys typically work on contingency. You pay nothing upfront, and if you win, the fee is 25% of your back pay, up to a cap set by Social Security. If you lose, you owe nothing.

Josh strongly encourages people not to go to a hearing alone. He also tells his clients to let his team handle the forms, since the wording matters more than most people realize, and to spend their own energy on getting to the doctor.

I also loved that Josh is willing to work with people from the start. I often hear from folks that attorneys won’t help until the first denial has been received, and I really like that Josh doesn’t ask that of his clients.

“I’m Not Looking for a Handout”

If that thought has crossed your mind, remember that Social Security Disability is money you paid in through your paychecks. It’s the FICA line on your pay stub. If you haven’t worked enough to qualify, Supplemental Security Income (SSI) is an alternative based on financial need, which matters more than ever now that so many people freelance. Disability also isn’t a life sentence. If your health improves, you can leave the program. And remember that Social Security does periodic reviews, which is one more reason to keep seeing your doctor.

Where to Find Josh Worley

Josh works nationwide, with hearings by phone or video. His website has a guide to submitting an application with a companion video, a tool to look up a judge’s approval rate, and free consultations.

If you’d like to hear the whole conversation, it’s Episode 132 of The Chronic Illness Therapist Podcast, “Before You Give Up on Disability: What a Social Security Attorney Wants Chronically Ill People to Know,” available on Apple and Spotify.

If you’re looking for a therapist who understands chronic illness, my directory is at thechronicillnesstherapist.com/find-a-therapist, and my workbook includes worksheets on building and trusting your medical team.

Disclaimer: Everything we discuss here is just meant to be general education and information. It's not intended as personal mental health, legal, or medical advice. If you have any questions related to your unique circumstances, please contact a licensed therapist or medical professional in your state of residence.

Destiny Davis, LPC CRC, is solely responsible for the content of this article. The views expressed herein may or may not necessarily reflect the opinions of the guest.

The content in this blog post comes directly from a real, human interview between Destiny and her guest on The Chronic Illness Therapist Podcast. This written version was formatted using AI. Listen to the full episode to hear the actual conversation.

Listen to my full conversation with Josh Worley on Ep 132: What a Social Security Attorney Wants Chronically Ill People to Know with Josh Worley

Listen on Apple

Listen on Spotify

 
Podcast cover art for "The Chronic Illness Therapist Podcast with Destiny Davis, LPC CRC

Listen to Josh’s interview with me, Destiny Davis, on Ep 132: What a Social Security Attorney Wants Chronically Ill People to Know with Josh Worley

Listen on Apple

Listen on Spotify


Josh Worley, disability attorney, smiling in a navy blue suit jacket and striped tie against a grey background

Josh Worley is a Social Security disability attorney who has successfully represented thousands of clients for the past 23 years. He represents clients nationwide and finds great joy in helping those who are struggling with their health get Social Security disability benefits that they so badly need.

Connect with Josh:

Website

Facebook

YouTube

A guide from Josh for completing an application for SSD

https://www.idlawcenter.com/reports/online-application-for-social-security-disability-guide.cfm

How to know a disability judge’s approval rating

https://www.idlawcenter.com/reports/calculator-3-judge-approval-rate.cfm


Destiny Davis, LPC CRC, smiling in a pink sweater standing outdoors with crossed arms

Meet Destiny - The host of The Chronic Illness Therapist Podcast and a licensed mental health therapist in the states of Georgia and Florida. Destiny offers traditional 50-minute therapy sessions as well as therapy intensives and monthly online workshops for the chronic illness community.

Destiny Davis (formerly Winters)

Destiny is a Licensed Professional Counselor and chronic illness educator.

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