FREE CONSULTATION Social Security Disability Lawyer Pennsylvania
If you’re struggling with a disability and unable to work, you may be entitled to Social Security Disability benefits. Porta-Clark & Ward can help you through the complicated application process and appeal any denied claims. Our experienced Social Security Disability lawyers will ensure you have the best chance of securing the benefits you deserve. Contact us at (412) 921-7350 for a free consultation today.
How Long Does It Take to Receive Social Security Disability Benefits in Pennsylvania?
When you’re unable to work due to a serious medical condition, applying for Social Security Disability (SSD) benefits can provide vital financial support. However, many applicants are often left wondering how long it will take to receive their benefits. The process can be complex and time-consuming, leading to a lot of uncertainty. Understanding the timeline and what to expect can help reduce some of that stress and confusion.
While every case is unique, there are several key factors that influence how long it will take to get SSD benefits in Pennsylvania. From the initial application to the final decision, here’s what you need to know about the process.
The SSD Benefits Application Process
The first step in applying for Social Security Disability benefits is submitting an application to the Social Security Administration (SSA). This can be done online, over the phone, or in person at a local SSA office. The application will require detailed information about your medical condition, treatment history, work history, and personal information.
Once you submit your application, it will be reviewed to determine if you meet the SSA’s basic eligibility requirements. These include having worked long enough and recently enough to qualify, as well as having a medical condition that meets the SSA’s definition of disability.
Step 1: Initial Review and Decision
After you submit your SSD application, the SSA will begin an initial review of your case. This is where they look at your work history and medical records to determine whether you qualify for benefits.
On average, the initial review process takes around 3 to 5 months. During this time, the SSA may request additional information, including medical records or statements from your doctors. They might also request that you undergo a medical examination by an SSA-approved doctor.
Unfortunately, many initial SSD claims are denied during this stage, especially if the SSA determines that your medical condition doesn’t meet their definition of disability. In fact, about 70% of initial claims are denied, which can be discouraging for applicants. If your claim is denied, you will have the option to appeal the decision.
Step 2: Request for Reconsideration
If your initial application is denied, you can file a Request for Reconsideration. This is the first step in the appeals process. When you request reconsideration, the SSA will review your case again, but it will be looked at by a different person. They may request additional medical records or other information to support your claim.
The reconsideration process can take another 3 to 5 months, but it can vary depending on how quickly the SSA processes appeals in your area.
Unfortunately, the success rate for reconsideration is relatively low, with only about 13% of claims being approved at this stage. If your reconsideration is denied, you can proceed to the next step in the appeals process: a hearing before an Administrative Law Judge (ALJ).
Step 3: Request for a Hearing Before an ALJ
If you’re denied after the reconsideration stage, your next option is to request a hearing before an Administrative Law Judge (ALJ). The ALJ will review your case and listen to arguments from both you (or your attorney) and a representative from the SSA. The ALJ will also consider any additional medical evidence or documentation you provide.
This stage of the process can take significantly longer. On average, the wait time for an ALJ hearing in Pennsylvania is 12 to 18 months. However, this can vary depending on your location and the caseload of the ALJs in your area.
During the hearing, you and any witnesses (such as doctors or family members) will testify, and the ALJ will ask questions to determine the extent of your disability and whether it meets SSA requirements. After the hearing, the ALJ will make a decision. If they approve your case, you will begin receiving benefits. If they deny your case, you can continue the appeals process with further steps.
Step 4: Appeals Council Review
If your ALJ hearing results in a denial, you can request a review by the Appeals Council. This is an additional layer of review, where the Appeals Council looks at the ALJ’s decision to ensure it was correct. The council will either uphold the decision, send the case back to the ALJ for further review, or overturn the decision.
The Appeals Council process can take anywhere from 6 months to over a year. While this step is time-consuming, it’s an important option if you believe the ALJ made a mistake in denying your claim.
Step 5: Federal Court
If you’re still denied after the Appeals Council review, you have the option to file a lawsuit in federal court. This is the final step in the appeals process. A federal judge will review your case, and the court can either approve your claim or send it back to the SSA for further action.
The process of filing a lawsuit in federal court can take a year or longer. However, this step is relatively rare, as many people settle their cases during the earlier stages of the appeal process.
How Long Does It Take to Receive Benefits After Approval?
Once you are approved for SSD benefits, the next question is: how long does it take to start receiving payments?
The SSA generally pays SSD benefits one to two months after approval, depending on how quickly they process your claim. However, if you’re applying for benefits due to a condition that has kept you from working for some time, the SSA may also grant back pay. Back pay is the amount you should have received from the date you became disabled until your approval date.
In Pennsylvania, the average time for receiving back pay after approval can range from 1 to 3 months. If your claim involves complex issues or an appeal, this process may take longer.
Factors That Affect How Long It Takes to Get SSD Benefits
The length of time it takes to receive SSD benefits depends on several factors, including:
- The complexity of your case: More complex cases, such as those involving rare conditions or medical disputes, may take longer to process.
- The SSA’s workload: The speed at which the SSA handles your claim can be influenced by their current caseload.
- The appeals process: If your claim is denied at any stage, the appeals process will add significant time to the overall timeline.
- Your location: Different SSA offices across Pennsylvania may have varying processing times depending on local case backlogs.
- The completeness of your application: Ensuring that you provide all the necessary documents and medical evidence can help speed up the process.
How an Attorney Can Help Speed Up the Process
While the SSD process is inherently slow, having a qualified attorney can help prevent unnecessary delays. An attorney can:
- Ensure your application is complete and accurate before submission
- Help gather the necessary medical documentation
- Represent you in hearings or appeals
- Communicate with the SSA to get updates on your case
Having professional legal help can improve your chances of getting approved, especially if your case is complex or has been denied before.
A Social Security Disability Attorney Who Fights for Your Benefits
The process of applying for and receiving SSD benefits can be lengthy and filled with uncertainty. On average, it can take anywhere from 3 to 5 months to receive an initial decision, with delays occurring at each stage, especially if you need to appeal a denial. If you’re approved, it can take a few additional months to start receiving benefits. Understanding the process and working with an attorney can help you navigate this challenging journey and ensure that you’re doing everything possible to get the support you need. Porta-Clark & Ward has the experience to guide you through the application and appeals process and fight for the benefits you need. Call (412) 921-7350 today for a free consultation with an experienced Social Security Disability attorney.