Social Security Disability PDF Print E-mail

If you have been or will be unable to work for twelve months, you may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. However the process of applying for SSDI or SSI benefits can be discouraging. Most claims are denied the first time the claims are submitted. If your SSDI claim has been denied you have only thirty days to begin an appeal, and it is important that the appeal be well-documented and compellingly argued.

At our Kingston, Pennsylvania, law firm, our lawyers help clients with Social Security disability appeals that allow them to collect the benefits they deserve. If you would like to discuss your claim or an appeal with one of our SSDI attorneys, contact our office to make arrangements for a free consultation.

How is Social Security Disability Insurance Paid?

Social Security Disability Insurance (SSDI) is a benefit you paid for through payroll taxes. Generally, if you have worked for forty weeks and will then be unable to work for twelve months, you are entitled to benefits. You do not need to wait until your claim has been denied – our SSDI lawyers will see that your claim is handled correctly the first time, with the proper medical documentation, date of the onset of disability, and calculation of your weekly wage. Unlike other firms, we help first time applicants through the filing process. You need only come to our office and we will assist you with all required paperwork. In order to ensure that you receive maximum benefits from SSDI it is important to begin the claims process as soon as you realize you may be unable to work for a year.

I've already been Denied - What are My Options?

Most first time applicants for Social Security Disability are denied. However, the are essentially four levels of appeal a Social Security disability claim can go through before it is irrevocably denied:

  • First level: After you are notified that your original application was denied, you have 60 days to file an appeal. At this level, medical records can be submitted, as well as any additional information you believe is important to your case.
  • Administrative Hearing Appeal: Should your first level appeal be rejected, you have 60 days to request an administrative law hearing. An administrative law judge will review any medical information, testimony, or doctor statements introduced by you. In evaluating your case, the administrative law judge will not consider previous reasons given for denying your claim. Consequently, our attorneys are most effective at this level since new information and evidence can be introduced without prejudice to our client. This level represents the best chance for reversing the denial of a Social Security Disability claim.
  • Appeals Council review: If your appeal is not successful at the administrative law hearing, you have 60 days to ask the Social Security Administration's Appeals Council to review your case. In general, the Appeals Council will not consider new evidence or new medical information. Typically, the Appeals Council will review documentation and information already included in your file, though you can provide a written statement for their consideration.
  • Federal Court review: If your claim is rejected by the Appeals Council, you have 60 days to appeal your case in Federal Court. However, no new evidence will be considered and none can be introduced. A federal judge will review the transcript of your administrative law hearing and your medical file to determine whether your claim should be approved or denied

Contact Social Security Disability Attorneys Today

Our attorneys are focused on helping workers get the benefits they need to take care of themselves and their families. Therefore, our Kingston firm also helps injured workers with Workers' Compensation claims and appeals, and other personal injury claims related to employment.