Social Security Disability Lawyer Pennsylvania

SSD Attorneys Representing Pennsylvania Since 1922

Has your Social Security disability claim been denied? You should contact the attorneys that Pennsylvania residents trust. The experienced Pennsylvania Social Security disability lawyers at Handler, Henning & Rosenberg LLC represent clients with disability claims in Carlisle, Hanover, Harrisburg, Lancaster, Schuylkill County, York, and neighboring Pennsylvania communities. Since 1922, our firm has established a reputation of excellence, winning millions on behalf of our clients. We are one of the largest firms in the area and can take on even the most complex cases with extensive resources and decades of collective experience.

Our approach to every client involves a thorough review of their specific circumstances to tailor an effective strategy that maximizes the chance of a favorable outcome. We are committed to providing clear guidance throughout the process and ensuring you understand every step, from initial application to appeals.

Call (888) 498-3023 24/7! We have Spanish-speaking services available.

Pennsylvania Specifics: Understanding SSDI & SSI

Navigating Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) in Pennsylvania can be complex due to the state’s diverse industries, economic landscape, and healthcare access challenges. Pennsylvania has a long history of industrial jobs, including steel manufacturing and coal mining, which have contributed to higher rates of occupational injuries. These factors make specialized legal guidance essential when applying for disability benefits.

The key differences between SSDI and SSI include:

• SSDI is for individuals with a qualifying work history who have paid into the Social Security system.
• SSI is a need-based program designed for individuals with limited income and resources.

While SSDI and SSI are federal programs, Pennsylvania provides a state supplement to some SSI recipients, increasing monthly benefits for those who qualify. At Handler, Henning & Rosenberg LLC, we understand the specific challenges Pennsylvania residents face when applying for disability benefits. Our team is experienced in handling claims for individuals affected by workplace injuries, economic barriers, and regional healthcare limitations, ensuring our clients receive the benefits they are entitled to under federal and state guidelines.

How You Can Qualify for Social Security Disability Benefits

Social Security disability benefits are paid to those unable to work due to poor health or injury. Qualifying for these benefits can be a challenging process that requires a clear understanding of the criteria set by the SSA. Applicants need to provide comprehensive medical documentation that clearly illustrates the severity and expected duration of their condition. With the complexities involved, having proficient legal support can significantly improve the likelihood of approval, especially during the appeals process. 

The disability in question must meet one of the following qualifications:

• It must be expected to last a minimum of one year.
• It must be expected to result in death.

At least one of these must be in place to qualify. 

Disabled individuals are also required to provide medical proof of the disability. If your claim has been denied, do not give up hope. We can help clients appeal claims that have been initially denied.

Why Your SSDI Claim Was Denied

Statistically speaking, Social Security disability claims are denied more often than they’re accepted. Approximately 65 to 70% of initial Social Security disability claims are denied. While reconsideration has a high denial rate, approximately 45 to 55% of applicants win their case at the hearing level. Legal representation significantly improves the chances of success. That’s why injured people turn to our disability attorneys—our insight and experience help prepare your case and maximize its odds of winning. 

Below are the most common reasons Social Security disability claims are denied. 

You’re Capable of Making Too Much Money

The Social Security Administration uses Substantial Gainful Activity (SGA) limits to determine eligibility. In 2024, the SGA limit is $1,550 per month for non-blind individuals and $2,590 per month for blind individuals—earning above these amounts may disqualify you from benefits. However, if you are already receiving SSDI, you may qualify for a Trial Work Period (TWP), which allows you to test your ability to work for up to 9 months in a rolling 60-month period while still receiving benefits. During the TWP, any month where you earn more than $1,110 in 2024 counts toward your 9-month limit, but there is no cap on how much you can earn during those months. Once the TWP ends, earning above SGA may result in benefit termination. If you're unsure about your earnings and eligibility, consulting a disability attorney can help protect your benefits.

You Didn’t Listen to the Doctor’s Orders

When your physician prescribes therapies or treatments, you must follow every instruction. Failure to follow prescribed treatment can result in an SSDI denial. However, exceptions exist, such as the following:

• You/your loved one has a severe mental disability.
• You were unable to get the necessary assistance to go.
• You were not prescribed an appropriate therapy.
• You couldn’t afford your prescribed therapy.

A Social Security disability attorney would be able to gather documentation to counter claims that you didn’t listen to your doctor, primarily by demonstrating how the above exceptions apply to your case.

You Lacked the Sufficient Treatment Records

Lacking sufficient treatment records is more common for people living with non-physical disabilities. For instance, people with severe anxiety or depression might receive a prescription for antidepressants, but if a follow-up with a psychologist wasn’t reported, then the SSA may believe the prescription was all that was necessary. Attorneys can fix this issue by providing documentation of your mental health treatments.

Refusal to Cooperate

Your disability claim hinges on your medical records and their availability to the SSA. If you do not make those records available, your claim could be denied. Also, the SSA may request that you be seen by an SSA doctor at their expense. If you refuse to see their doctor, or if you insist that the SSA make a determination based upon your existing records, your disability claim could be denied.

Your Disability Is Linked to a Criminal Conviction

If you are incarcerated for more than 30 days, your SSDI benefits are suspended. Your benefits do not automatically resume upon release. To restart payments, you must notify the SSA and provide documentation. SSDI is not payable for any months spent in prison, and benefits can only be reinstated after release if you remain eligible. A felony conviction can also impact your eligibility in certain situations. 

You may be denied SSDI benefits if:

• Your disability was caused or worsened while committing a felony
• Your impairment was caused or worsened while incarcerated

If you are facing these issues, consulting a disability attorney can help you understand your rights.

The Disability Is Based on Alcohol or Drug Addiction

The Social Security Administration evaluates whether drug or alcohol use is a material factor in your disability. Simply having a history of substance use does not automatically disqualify you from receiving SSDI benefits. However, if the SSA determines that your condition would improve or no longer be disabling if you stopped using drugs or alcohol, your claim will be denied. For example, if you have liver disease caused by alcoholism, SSA may deny benefits if quitting drinking would significantly improve your condition. However, if you have lung cancer, your drinking habits are unlikely to be considered a major factor. If substance use is not contributing to your impairment, you may still qualify for SSDI. If your case involves past or current substance use, a disability attorney can help present medical evidence to clarify your eligibility.

The Disability Is Not Expected to Last Long Enough

To qualify for Social Security Disability Insurance, your condition must be expected to last at least 12 months or result in death. Temporary disabilities do not qualify, and the SSA only approves claims for individuals with total disabilities—meaning partial or short-term disabilities are not covered under SSDI.

Additionally, your impairment must prevent you from performing substantial work, not just make it more difficult. If the SSA determines that you can still perform your current job or any past work, your claim will likely be denied. Meeting an SSA Blue Book listing can help streamline the approval process, but additional medical and work history evidence is often required. Some conditions, like advanced-stage cancer, may qualify automatically based on diagnosis alone. If you're unsure whether your condition meets SSA requirements, consulting a disability attorney can help you build the strongest case possible.

The SSA Cannot Find You

Ensure you give the Social Security Administration the correct contact information for you and your representative (i.e., your attorney). If the agency cannot reach you for the answers to critical questions, your claim could be denied. That’s another advantage to having an attorney handle your claim: you’ll always have a professional on top of your case. No need for you to wait for phone calls or have paperwork at the ready—your lawyer will handle that for you. Ensuring your contact information is up to date is crucial for effective communication with the SSA. Miscommunication can lead to delays or denials, so having legal assistance manage your records and documentation process can not only improve efficiency but also reduce stress.

Social Security Disability Impairments

Social Security disability impairments are classified into two categories: severe and non-severe. Any impairment which does not meet the SSA's definition of severe will be considered non-severe by default. A non-severe impairment is one that does not substantially limit your ability to perform basic work activities. 

Basic work activities include the following:

• Walking, standing, sitting, pushing, pulling, and other physical capabilities.
• Basic sensory abilities, such as hearing, seeing, or speaking
• Comprehending, executing, and recalling simple instructions
• Reasonable discernment
• Appropriate responses to normal work situations
• Adapting to routine changes in the workplace

Your Social Security disability claim hinges on proving that your impairment severely limits your ability to work. If you have an impairment that only slightly affects your ability to function, will not last longer than 12 months, or isn't "medically determinable," then your impairment will be considered non-severe.

How to Strengthen Your SSDI Claim for Severe Impairments

Being proactive in gathering evidence for your impairment can bolster the validity of your claim. Detailed medical records and consultations with healthcare providers are essential. They clarify how your impairment affects your daily life and capabilities. Seek advice from professionals who can ensure that all necessary elements of your health condition are documented effectively, supporting the nature of your impairments.

If your answers match the following, it's a sign your claim for a severe impairment is strong:

• Are you gainfully employed? No.
• Do you have a severe impairment? Yes.
• Will your impairment last for 12 months or end in death? Yes.
• Is your disability on the SSA Blue Book Listing of Impairments? Yes.

Even if your condition is not explicitly listed in the SSA’s Blue Book, you may still qualify if your impairment prevents you from working and meets the SSA’s severity criteria.

Common Qualifying Disabilities for SSDI

The SSA recognizes a wide range of physical and mental impairments that may qualify for disability benefits.

Physical Disabilities

• Arthritis and joint disorders
• Asthma and chronic respiratory diseases
• Back injuries and spinal conditions
• Cancer (leukemia, lung cancer, etc.)
• Chronic pain disorders
• Congestive heart failure and heart disease
• Crohn’s disease and other digestive disorders
• Cystic fibrosis
• Diabetes with severe complications
• Fibromyalgia
• Hepatitis C and liver disease
• HIV/AIDS
• Multiple sclerosis (MS)
• Neurological disorders
• Soft tissue injuries
• Stroke-related impairments

Mental Health Disabilities

• Anxiety disorders
• Bipolar disorder
• Depression
• Post-traumatic stress disorder (PTSD)
• Schizophrenia

It’s important to note that many disabilities are co-occurring. For example, individuals with HIV may also suffer from chronic fatigue, or those with diabetes may have neuropathy that limits mobility. The SSA must consider the combined effects of multiple impairments when evaluating your claim.

How Disability Attorneys Can Help Your SSDI Case

While people have to live with the reality of their injuries on a day-to-day basis, the Social Security Administration uses strict rules and tables to standardize who gets benefits and who doesn’t. To ensure a successful claim, you have to learn how to speak the language of the SSA regulations—how to navigate their increasingly complex set of requirements and translate your daily life into a legal case. 

We can do the following to maximize the odds your case will be approved on appeal:

• Gather sufficient medical documentation
• File the appropriate forms before the hearing
• Develop the best strategy for handling your case
• Gather expert testimony on your functional limits
• Schedule the exams you’ll need to undergo
• Prepare you for your appeal hearing

Beyond preparing and filing documents, attorneys offer strategic guidance tailored to your circumstances. They provide an invaluable understanding of the nuances of SSA procedures and how best to align your case to meet these standards. This personalized approach helps ensure every aspect of the claim is aligned with SSA regulations, potentially saving you time and increasing your chances of a positive outcome.

Social Security Disability FAQ

Can I Get Workers’ Comp & SSDI at the Same Time?

Workers can receive SSDI and workers’ compensation benefits, but only so long as the total does not exceed 80% of their income before their injury. For instance, if you’re receiving enough workers’ comp benefits to replace 50% of your average earnings, you’ll only be eligible to receive a maximum of 30% of your average earnings from SSDI. Claimants need to understand the interaction between these two types of benefits. Consulting with a knowledgeable attorney can help clarify how these programs complement each other and ensure that you're not inadvertently breaching the maximum income threshold.

Can Immigrants Get SSDI Benefits?

Yes! SSDI benefits are available to both U.S. citizens and foreign-born workers. Permanent residents or workers with nonimmigrant visas are both eligible. To qualify for benefits, you must be here lawfully and have earned 40 work credits. As of 2020, you earn one work credit for every $1,410, and you can earn up to 4 credits per year. Younger workers who don’t have 40 work credits may qualify for SSDI still, so speak with an attorney if you’re not sure. Given the complexities of immigration laws and SSDI qualifications, immigrants are strongly encouraged to consult legal experts to navigate these processes accurately. 

What Are the Medical Requirements for Social Security Disability?

The SSA defines disability for the purposes of benefits as being unable to perform a "substantial gainful activity" because of a physical or mental impairment that has lasted at least 12 months, or the condition is expected to last at least 12 months or result in death. The SSA has a List of Impairments, referred to as the Blue Book, which describes mental and physical impairments considered so severe they prevent you from working. However, you must meet or exceed the requirements for the condition to be considered disabled. 

What If My Condition Is Not in the Blue Book?

You may still qualify for Social Security disability benefits even though your condition is not listed in the Blue Book. Our disability attorneys can explain more about applying for benefits under this circumstance. Each case is unique, which is why personalized legal advice can help highlight equally compelling evidence under the criteria of equivalence. Assistance in comparing your condition to similar listed impairments can shed light on qualification opportunities available outside the standard Blue Book guidelines.

Is There a Financial Requirement for Social Security Disability?

Yes, each program has a financial requirement in addition to the physical or mental requirement. But what is the difference between SSDI and SSI? For SSDI, you must have worked a sufficient period to qualify for benefits; however, SSI does not require a work history. Both programs do have income limits to qualify for benefits. Understanding the financial cut-offs is critical to maintaining eligibility.

Can I Work While On Disability?

If you are receiving SSDI benefits and are considering returning to work or taking up some form of employment, it's essential to understand how working can affect your benefits. The answer varies depending on the type of disability benefits you receive, but there are provisions for individuals who wish to attempt a return to the workforce. The SSA's trial work period allows beneficiaries to attempt returning to work without immediate loss of benefits. Understanding how to navigate this period, and what employment activities may impact your benefits, can be clarified with professional legal advice.

How Many Hours Can I Work on SSI?

In the context of Supplemental Security Income (SSI), there is no strict limit on how many hours you can work. However, your earnings and work activities can affect the amount of your monthly SSI benefits and, in some cases, whether you're eligible for SSI at all. Information on how income and work hours affect SSI can be particularly valuable to those balancing work with receiving benefits. 

If the SSA Denies My Disability Application, Can I Appeal?

Yes, you can appeal the denial, but you must act quickly because you only have a limited time to appeal. If you have been denied Social Security disability benefits, contact our office immediately. Our attorneys can file an appeal on your behalf. We have successfully represented many clients in the Social Security disability appeals process. It is essential to act promptly to keep within the required deadlines for appeals.

Call for a Free Consultation! Serving Carlisle, Hanover, Harrisburg, Lancaster, Schuylkill County & York.

We assist clients who are no longer able to work due to serious injuries and have 100+ years of combined experience representing thousands of injured clients in Pennsylvania. Let us handle your case so you can receive the compensation you deserve. 

Contact Handler, Henning & Rosenberg LLC today! Our firm would be proud to assist you in claiming the financial support that's rightfully yours.