Filing a Disability Appeal in PennsylvaniaFiling an appeal--versus filing a brand new claim--will typically be your best option if your administrative law judge, or ALJ, at a disability hearing where the odds of approval will be substanially higher. A disability appeal in Pennsylvania must be filed within 60 days of the date of your denial and this timeframe applies to all levels of the system. Requesting the appeal To request an appeal, you may contact the Social Security office where you initiated your claim and they will, in turn, send you the appropriate forms to fill out out and send back. Once you send your appeal paperwork in, you should receive a notice of acknowledgement from the Social Security office verifying that they have your paperwork. If you do not receive an acknowledgement within 2 weeks you should contact the field office to make sure the appeal was received. If you sent in an appeal just prior to the expiration of the appeal deadline (60 days from the date of the most recent denial), then you may wish to hand deliver your appeal and get a receipt from the Social Security office. Claimants are advised, of course, to keep copies of all paperwork submitted to SSA. Information to provide for the appeal As with the initial claim, i.e. disability application, that you filed, the decision on an appeal will be made on the basis of evidence, primarily medical evidence. If you have new medical evidence that needs to be reviewed, meaning you have received recent medical treatment, be sure to indicate this on the disability report form for your appeal. This will put SSA on notice to request this information which may be helpful in deciding your disability case. Representation on an appeal If you have representation in the form of a disability attorney or a non-attorney claimant's representative, be sure to contact them once your learn your claim has been denied. SSA is required to inform both you and your representative's office of any case actions, including denials, once they have been put on notice that you have representation. However, it has been my experience over several years that, in many instances, either the claimant or the claimant's representative will not receive notification. And, in some cases, neither party will receive notification. Why this continues to happen is anyone's guess. However, suffice it to say, if you get a notice of denial in the mail, you should contact your social security attorney or non-attorney rep immediately. After your representative is made aware of the fact that you've been denied, they will be on notice to file your disability appeal within the 60 day deadline. And, for the most part, representatives get appeals submitted to the social security administration in a timely manner. However, it does happen on occasion that a representative will, for whatever reason, miss an appeal deadline. For this reason, it is not a bad idea for a claimant to check back with their disability representative's office if they have not received copies of the appeal paperwork within 4 weeks after the date of the denial. Doing so can verify that either the appeal was submitted to SSA, or it can serve as a reminder that the appeal still needs to be filed. Note: Reconsideration appeals are not currently conducted in Pennsylvania as Pennsylvania is a prototype state testing a system in which denied claims move immediately to the hearing level upon appeal. Those who are denied on a disability application should request, and prepare, for a hearing before a federal administrative law judge. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Applying for North Carolina disability benefits Will I Qualify For Disability Benefits in Pennsylvania? Applying for disability in Pennsylvania Getting a disability attorney in Pennsylvania Social Security Disability Claim Status in Pennsylvania Filing a Disability Appeal in Pennsylvania Denied for Disability in Pennsylvania What does a disability lawyer in Pennsylvania do to help a claim? |
