Appealing Your SSD Decision

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1. Navigating the Appeals Process in Pennsylvania for Social Security Disability Claims

REVIEWED BY

C. William Kenny

May 05, 2023

Board certified by National Board of Trial Advocacy

Navigating the Appeals Process in Pennsylvania for Social Security Disability Claims

The Social Security Disability Insurance (SSDI) program provides critical support for individuals who are unable to work due to a disability. However, the initial application process can be complex, leading many applicants to face denials. In this blog post, we will discuss the appeals process in Pennsylvania for Social Security Disability claims to help individuals understand their rights and options.

Understanding the Appeals Process

When an initial application for SSD or SSI benefits is denied in Pennsylvania, applicants have the right to appeal the decision through a multi-step process. The first step is to request reconsideration, which involves submitting additional medical evidence or documentation to support the claim. Unfortunately, most reconsideration requests are denied unless new supportive information is provided.

If the request for reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). At this stage, it is highly recommended to seek assistance from a qualified disability attorney who can help gather necessary evidence, prepare the case and represent the applicant during the hearing. The ALJ will review the evidence, listen to testimonies and make a decision on your claim. It is important to know that being approved at this level is very feasible, especially with an attorney on your case.

Appealing to the Appeals Council and Federal Court

In the case that the ALJ’s decision is unfavorable, the applicant can further appeal to the Appeals Council, which is the next level of review within the Social Security Administration (SSA). The Appeals Council will evaluate the request for review and may decide to grant the appeal, deny the appeal or return the case to the ALJ for further review.

In the event of an unfavorable decision by the Appeals Council or if the Council denies the request for review, the applicant can choose to file a lawsuit in the Federal District Court. It is important to note that this step involves working with an attorney experienced in federal court procedures, as the process becomes more legally complex.

Tips and Resources for a Successful Appeal 

1. Seek legal representation: Consulting with an experienced disability attorney can significantly improve the chances of success throughout the appeals process.
2. Collect and organize medical evidence: Thoroughly document your disability and gather all relevant medical records. 
3. Meet all deadlines: This is crucial in the appeals process. Ensure that all required forms and documents are submitted within the specified timeframes.
4. Prepare for the hearing: If your case proceeds to the hearing stage, work closely with your attorney to prepare yourself. Be honest, concise, and emphasize the impact of your disability on your ability to work.
5. Stay engaged and informed: Keep track of your case and communicate promptly with your attorney if you have any changes to your case.

While the appeals process for Social Security Disability claims can be lengthy and complex, it offers a second chance for those who initially faced denial. By understanding the steps involved, seeking legal guidance and presenting a strong case, applicants can increase their chances of obtaining the SSD or SSI benefits they deserve. If you need legal advice or a representative for your disability hearing, contact the experienced attorneys at Berger and Green for a free consultation.