Most people believe that it is difficult to obtain Social Security Disability Benefits at the time of the initial application.  The statistics show that only 36% of the people applying for Social Security Disability (SSDI) are approved at the application level.  Although discouraging, the percentage increases significantly to approximately 73% at the appeal level before an Administrative Law Judge (ALJ).  Most of the successful applicants appearing before an ALJ are represented by an attorney.   

The reason most claims lose at the application level or even the ALJ level is that neither the applicant nor their medical provider understand the criteria that the law establishes for disability.  Many fine doctors will say that their patient cannot work, yet if not asked the correct questions, the doctor’s records may not support a finding of total disability.  Doctors are trained to diagnose and treat their patient’s symptoms and are not analyzing the specific functional limitations that are a part of Security’s Listing and other criteria. 

The sad reality is that if denied at the application level, the claimant inPennsylvaniamay wait for over a year to have their case heard by an ALJ.  For that reason, people who believe themselves to be unable to do any substantial gainful work are encouraged to seek the advice of an attorney before making their initial application.  If the person has applied and has been denied initially, good preparation for the ALJ Hearing may result in an early decision without the need for a Hearing.   

The key to success within the Social Security Disability system is preparation and persistence.  Remember that over 2 million people apply for SSDI every year.  InPennsylvania, over 340,000 workers currently receive disability.  Although your local Social Security Office has many people who are able and willing to help, they do not represent you and are doing their best to simply manage the volume of work coming across their desk.  A person who believes themselves in need of Social Security Disability Benefits can consult with an attorney at O’Donnell, Weiss & Mattei, P.C. without charge.  Payment to an attorney for legal services in any Social Security Disability matter is regulated and limited by Social Security law.


Posted By:
David S.Kaplan
Pottstown, PA.
610-917-9347