Social Security Disability in Pennsylvania: Most Claims Are Won at the Hearing
Denial is the normal first outcome. The hearing is where represented claimants do markedly better.
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Most initial Social Security Disability applications are denied, which reflects the process rather than your case. You have 60 days to request reconsideration, then a hearing before an administrative law judge. Representative fees are capped by federal regulation and paid from back benefits, so representation costs nothing up front.
The stages
| Stage | Deadline to move on |
|---|---|
| Initial application | 60 days to request reconsideration |
| Reconsideration | 60 days to request a hearing |
| Hearing before an administrative law judge | 60 days to request Appeals Council review |
| Appeals Council | 60 days to file in federal court |
Missing a deadline generally means starting again, which costs you months and can affect your back pay.
SSDI and SSI are different
SSDI is based on your work record and the contributions you paid. SSI is needs based and depends on limited income and resources. Some people are eligible for both. Which one applies changes what you receive and when payments start, so it is worth knowing which you have applied for.
What the decision maker is actually asking
Whether you can perform any substantial gainful work in the national economy, not just your old job. Age matters considerably: the rules become more favorable in older age brackets, because retraining expectations reduce.
The evidence that matters is functional. Not the diagnosis, but what you can do for how long: how long you can sit, stand, walk, lift, concentrate and sustain attendance. A claim describing symptoms without translating them into functional limits is the commonest weakness.
Working while you apply
Earnings above the substantial gainful activity threshold will generally result in denial regardless of your condition. Part time work below it is possible but it is scrutinised, and the amount changes annually. Get advice before taking work during a claim, because it can undo months of process.
What representation costs
Nothing up front. The fee is set as a percentage of past due benefits subject to a cap fixed by federal regulation, and it must be approved. If there is no back pay award there is generally no fee.
If you also have a workers compensation claim
They interact through the offset rules, and a compensation settlement structured without regard to the disability claim can reduce what you keep. Handling both together is how that gets managed, and it is one of the reasons this firm runs them from the same office.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
My SSDI application was denied. Is that unusual?
No. Most initial applications are denied, and it reflects the process rather than a judgment on your case. You have 60 days to request reconsideration, then a hearing before an administrative law judge, which is where most successful claims are actually won.
What is the difference between SSDI and SSI?
SSDI is based on your work record and the contributions you paid. SSI is needs based and depends on limited income and resources. Some people qualify for both, and which applies changes what you receive and when payments begin.
What does the judge actually decide?
Whether you can perform any substantial gainful work in the national economy, not simply your old job. Age matters, because expectations about retraining reduce in older brackets. The evidence that counts is functional: how long you can sit, stand, walk, lift, concentrate and sustain attendance.
Can I work while my claim is pending?
Earnings above the substantial gainful activity threshold will generally cause a denial regardless of your condition. Part time work below it is possible but scrutinised, and the figure changes annually. Get advice before taking work, because it can undo months of process.
What does a Social Security lawyer cost?
Nothing up front. The fee is a percentage of past due benefits, capped by federal regulation and subject to approval, and paid from the back pay award. If there is no back pay there is generally no fee.
I also have a workers comp claim. Does that affect it?
Yes, through the offset rules, and a compensation settlement drafted without regard to the disability claim can reduce what you keep. The two should be coordinated, which is why we run them from the same office rather than separately.
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