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How to appeal an ALJ  disability decision in Pennsylvania?

Imagine you are living in Pennsylvania and have applied for disability benefits through the Social Security Administration (SSA), but were denied based on your initial application. You then requested a hearing before an Administrative Law Judge (ALJ) to appeal that denial. If you are again denied benefits at that stage, you will likely want to know two things: if it is possible to appeal ALJ decision, and if so, how to appeal ALJ decision

After receiving a denial, many Social Security benefits applicants will ask, “Can you appeal an ALJ decision?” You may have been denied one or more of the following benefits, even if you believe you meet the qualifications:  

  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI
  • Retirement Insurance Benefits (RIB) 
  • Disabled Widow(er)’s/Survivor Benefits 
  • Childhood Disability Benefits
  • Disabled Insured Worker’s Claim
  • Special Benefits for Certain WWII Veterans

Fortunately, in some instances, you can appeal an ALJ decision denying your benefits. For example, if the denial was based on a finding that you were not disabled or your claim was denied because of insufficient earnings during a trial work period, an appeal is possible. In order to request a review of an ALJ hearing decision, you will need to file what is known as an appeal form. This form can be found on the Social Security Administration’s website under the name Form HA-520-US, or “Request for Review of Hearing Decision/Order.” 

There are specific guidelines that must be followed for filing an appeal of any Social Security Disability denial. If your appeal is not filed correctly, it will not be accepted by the SSA and your appeal rights will have been waived. This can be a common problem for those who are not represented by an attorney. 

There are a few important things you should keep in mind when appealing an ALJ decision in Pennsylvania. First, the appeal must be filed within 60 days of the date on your Notice of Denial. If you do not file within that time frame, you will likely lose your chance to appeal. Second, you will need to provide clear and concise reasons as to why the appeal should be granted. This can be difficult in cases in which you were denied benefits for a reason that seems straightforward, such as your inability to work. However, it is important that you demonstrate how and why your medical situation prevents you from working.

This is where PA attorneys experienced in handling disability appeal cases can be extremely helpful. They can help you gather the necessary evidence to present your appeal in the most effective way possible and can also give you advice on how to navigate the appeal process. 

If you have been denied disability benefits, do not hesitate to contact our firm for assistance with filing an appeal. With the help of an attorney, you may be able to appeal your ALJ decision and work toward receiving the benefits you need. 

(866) 691-5299