Experienced trial lawyers With The Resources To Handle Your Case
The national trial lawyers
Best law firms us news 2017
Super lawyers
Million dollar advocates forum
Multi million dollar advocates forum
AV preeminent martindale-hubbell lawyer ratings
Litigator awards

Filing an appeal for a denied claim of SSDI benefits

When a person in Pennsylvania suffers an injury and is in need of Social Security disability benefits, a frequent concern is what to do if they are subject to a denied claim. While this might seem to be a final word when the Social Security Administration decides that the claimant doesn’t meet the federal requirements, there are still options for a claimant to file an appeal. The rejection of an appeal is not a formality and it may be possible for a qualified claimant to have the decision reversed and receive benefits.

When a decision is made, the claimant will receive a letter explaining it. In order to file an appeal, the request has to be made within 60 days of receipt of the decision letter. There are four different levels to file an appeal. A person can ask for: reconsideration of the decision, a hearing in front of an administrative law judge (ALJ), a review to be made by the Appeals Council or a review by the Federal Court.

Reconsideration is a full examination of the case by an independent observer. New evidence can be presented. With a hearing, the ALJ will oversee it and study the aspects of the case. This is conducted within 75 miles of the claimant’s residence. More evidence may be requested as to why the decision was wrong. The judge will question the claimant and possible witnesses. Medical and vocational experts can also provide information to help the case. The Appeals Council will look at any request for a review of the case, but it is able to deny it if it is of the opinion that the right decision was made. In the event that a claimant is still unsatisfied by the Appeals Council’s decision, there can be a request that the case be reviewed by the Federal Court.

It is possible to continue receiving benefits while the case is being reviewed. This is applicable when a claimant was already receiving benefits and those benefits have been discontinued because the injuries have sufficiently improved or because there is no longer eligibility. When considering filing an appeal for a denied claim for qualifying SSD benefits for injury, long-term care and other issues, it is also wise to discuss the matter with a legal professional experienced in denied claims.

Source: SSA.gov, “The Appeals Process,” accessed Dec. 1, 2014

FindLaw Network

$5.5 Million

Settlement for spinal injury caused by delivery company's negligent vehicle maintenance

$5 Million

Settlement for traumatic brain injury

$1.7 Million

Recovery for premise liability spinal cord injury, in which liability was disputed.

$1.55 Million

Workers’ compensation recovery for a partial leg amputation and traumatic brain injury, in which liability was disputed.

$1.2 Million

Settlement (Liability insurance limits) for death claim arising out of tractor trailer collision

$1 Million

Settlement for closed head injury/facial fractures due to negligent construction site practices

$1 Million

Arbitration award in death claim arising out of motor vehicle collision

$1 Million

Total workers' compensation settlement for injured worker who suffered orthopedic injuries and additional GI injuries due to prescription medications.


Settlement for head injury of injured worker caused by negligent operation of equipment by a non-employer contractor on the job site.


Settlement for ankle injury due to negligent dump truck operation


Recovery for a premise liability wrongful death and survival action, in which liability was disputed.


Workers’ compensation and personal injury recovery for foot injury and toe amputations.


Settlement for bilateral wrist injuries caused by the negligent operation of a tractor-trailer.


Workers’ compensation recovery for a fatal claim, in which liability was disputed.


Settlement for statutory cap of $500,000 for wrongful death of a worker who was killed when struck by a government-owned vehicle as well as policy limit for underinsured motorist coverage.


what our clients say about us

“I would like to sincerely thank you for your efforts in resolving my personal injury case. The consistent professionalism you and your firm provided demonstrated exactly how law is suppose to be handled. You helped to change my life and I will forever be in your debt.” - Satisfied Client
“It was not an easy road for us but we knew that we had a great attorney that cared about his clients. You are a fantastic attorney.”
“Just wanted to thank you again, so very much, for the TLC given us during our unfortunate situation; so greatly appreciated the ease and smoothness of handling things – you had so much to do!”
view more