How do I appeal a denied Social Security disability claim in Pennsylvania?
1. Federal Program. SSDI (Title II) needs work credits; SSI (Title XVI) is needs-based. Both use the 5-step sequential evaluation (20 C.F.R. § 404.1520; § 416.920).
2. Initial Determination. Pennsylvania's Bureau of Disability Determination (BDD) under PA Department of Labor & Industry processes claims. About 66% denied initially.
3. Level 1: Reconsideration. SSA-561 within 60 days.
4. Level 2: ALJ Hearing. HA-501 within 60 days. OHO offices in Philadelphia (East, North), Pittsburgh (Downtown, North), Harrisburg, Wilkes-Barre, and Elkins Park. Wait 11-15 months.
5. Level 3: Appeals Council. HA-520 within 60 days.
6. Level 4: Federal District Court. 42 U.S.C. § 405(g); Eastern, Middle, or Western District of Pennsylvania within 60 days.
7. Pennsylvania Supplemental. None. Pennsylvania has no state TDI program. Some employers offer private STD insurance.
8. Continuing Disability Reviews. Every 3-7 years; cessation appeals reset.
9. Attorney Fees. 25%/$9,200 cap (2024) (42 U.S.C. § 406(a)).
10. Concurrent State Aid. Pennsylvania is a "1634 state" — SSI auto-Medicaid through Department of Human Services.
This is legal information, not legal advice.
- Your reconsideration was denied
- You need help presenting medical-vocational evidence at hearing
- You're appealing a CDR cessation
- 42 U.S.C. § 405(g)
- 20 C.F.R. § 404.1520
- 20 C.F.R. § 416.920
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.