How to File for Disability Benefits in Pennsylvania

The Social Security disability process can be long and difficult. However, you can hire an attorney from square one to help you file an application and guide you through each step. This way you will know your rights, what lies ahead, and have someone who will work to maximize your chances of success. Below is a broad overview of the Social Security disability process.

People who are unable to support themselves because of a long-term medical condition might opt to seek Social Security Disability if they have a work history. There are a lot of myths that are out there about the SSDI system. Anyone who is applying for benefits should make sure they don’t believe the myths.

Contrary to popular belief, SSDI won’t fully replace your income. For SSDI, a worker is given benefits based on that worker’s earnings. This differs from Supplemental Security Income, which is a need-based program for people who haven’t put in enough time as part of the workforce. Even if you are approved for SSDI, it won’t replace 100 percent of your income.

Another myth is that you can’t work while you receive SSDI payments. In fact, special rules apply to people who are able to reenter the workforce. Before you attempt to reenter the workforce, you should make sure that you understand how these special rules, which include the possibility of a trial work period, apply to you.

Seeking help for your disability case can help you to understand various aspects of your case. Making sure that you complete the application properly, as well as an appeal if necessary, can help you through the process.

Filing for Disability

Once you file an application for Social Security disability benefits, it takes approximately 4 to 6 months for the state agency to make a decision. You will be asked to complete forms important to your claim. You may be asked to attend examinations conducted by doctors chosen by Social Security. Unfortunately, the overwhelming majority of initial applications are denied.

If you live in a state that requires a reconsideration of Social Security’s initial decision (such as New Jersey and Delaware), you will have to wait through another 4 to 6 month review. Most often Social Security confirms that its initial decision to deny benefits was correct. Pennsylvania does not conduct a reconsideration review.

Once the state agency has fully denied your claim, you will now be able to request a hearing before an Administrative Law Judge. The good news: This will be your best chance to be approved for Social Security disability benefits. The bad news: On overage it takes between 18 to 21 months to be scheduled for your hearing. A Social Security disability lawyer can make important recommendations to you during this time to help fully develop your case.

You need to speak with a lawyer if you are thinking about filing an application, you want to file an application, have an application pending, need to appeal a denied claim, or are waiting for a hearing. Our consultations are free and we can help you at any step of the process.

Initial Claims for Social Security Disability

The Philadelphia law firm of Martin Law is here to help. We have an experienced legal team, which practices only in Social Security Disability law, including SSD and SSI claims. We can jump in at any time after an initial application is filed to shepherd your case through the system.

If you need help in Philadelphia applying for disability, attorneys at our firm can help you at any stage of the process. Contact our Social Security Disability firm for a FREE consultation.

Applying for Disability Benefits

If you or a family member cannot work because of a disabling condition, Social Security Disability provides benefits to replace part of that income. You can file your application either:

(1) At your local Social Security office; or
(2) Online through the Social Security Administration’s website ( www.ssa.gov)

Once you are done applying for disability benefits, the wait begins. The Social Security Administration is backlogged and slow. You may not hear anything for several months, until you are approved for benefits or receive a notice of denial.

If You Are Approved

People who are approved for SSDI aren’t granted an approval for a lifetime. All SSDI cases are periodically reviewed. The first review typically occurs 6 to 18 months after the original date you were disabled. Following reviews occur every three or seven years, depending on the case. Just because your doctor says you are disabled doesn’t mean you meet the criteria for SSDI.

If you are approved for SSDI, don’t expect to receive a check right then. In fact, your first payment won’t be made for six months following the disability effective date. If that date is in the middle of January, you won’t get a check until August since checks are sent out on the month following the coverage month.

Do You Need a Lawyer to Apply for Disability in Pennsylvania?

Do you need a lawyer to win benefits? For many people, yes.

Social Security Disability (SSD) and Supplemental Security Income (SSI) are governed by complex rules and strict standards. About 75 percent of people are turned down on the initial application, even people with severe physical or mental impairments./p>
Most people do not get approved for disability benefits until the hearing level. In Pennsylvania, you likely will not get a hearing until 12 months after your initial claim is denied. In New Jersey and Delaware, the waiting list is even longer.

If you can maintain your situation and continue to get treatment for your disabling condition, we will make sure that your records are up to date and complete when your case goes to the judge. Our firm has a very good success rate in SSD appeals.

At Martin Law, we don’t “dabble” in Social Security Disability. Our focused knowledge of the law and the process enables us to put our clients in the best position to win benefits. Our personal attention and follow-up gives clients hope and guidance during the many anxious months of waiting.

If You Are Denied

SSD benefit applications are often denied on the initial review. When people apply for Social Security Disability, they are sometimes disheartened to learn that they have been denied. A denial of your initial application means that you have the option to appeal the decision. That can mean having to gather up evidence and submit an appeal. Those applicants can opt to appeal the decision, which might result in them getting benefits. It is vital that anyone who is denied for SSD understands a few points about the denial, as well as how to appeal. We can help you out with the appeal, as well as an initial application if you haven’t yet filed one.

What are Some Reasons For a Denial of SSD Benefits?

There are numerous reasons why an application might be denied. It is possible that insufficient medical evidence was presented or that the issue at hand was caused by drug or alcohol addiction. In some cases, it might be determined that the condition isn’t severe enough for benefits or that the person who applied can actually still do some type of work. If the disability isn’t expected to last 12 months is another reason for a denial of benefits.

How Can You Appeal a Decision?

If your initial claim has been denied, you might opt to appeal the decision by including new evidence in the appeal. Presenting medical records and a statement from your doctor might help to show your side of the case. It is vital that your appeal shows why you are unable to perform gainful work.

When you file an appeal, you must follow the directions provided to you. It is vital that you file your appeal within the allotted time frame or else your request for reconsideration will be denied. With the normal time limit being set at 60 days, fast action to gather the evidence for your appeal is vital.

Don’t Give Up. The Odds Get Better.

Almost 80 percent of people applying for disability are rejected on the first application. If your application is turned down, you will have 60 days from the date of denial to appeal your claim. If you go back to work or fail to appeal, you will have to start all over.

This is the perfect time to contact a lawyer who focuses on Social Security Disability law. Our firm has a high rate of success in SSD and SSI hearings. In fact, we can take over handling of your claim at any time after you have filed, to update your records and put you in the best position for eventual approval.

Our Attorneys Can Help With the Pennsylvania Disability Benefits Application Process

Martin Law has helped thousands of people in the Philly area and statewide throughout Pennsylvania. We also serve clients in New Jersey, Delaware, Maryland and New York. If you need help with the application process, lawyers at Martin Law are ready to help you.