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Disability Lawyers in Scranton, PA

Disabled individuals rely upon Social Security Disability to help them receive the benefits that allow them to make ends meet. Unfortunately, the process of applying for disability can be daunting with its forms, deadlines, and standards. On top of this, the Social Security Administration denies most initial applications, which leaves applicants feeling even more overwhelmed.

Fortunately, you have the right to retain a Scranton disability lawyer to assist with all aspects of your application. From the beginning to the end of your claim – and on to the appeals process if necessary – Pond Lehocky Giordano has you covered. Learn more about how we can help you secure the monthly benefits you need.

What Does a Disability Lawyer Do?

The first question that many individuals have is: what does a Social Security disability lawyer do? Our disability lawyers assist applicants by:

Applying Our Knowledge to Your Benefit

Social Security Disability is subject to complex laws, rules, regulations, and procedures. Although you have the right to pursue your claim on your own, you will need to contend with disability benefits professionals and even lawyers who have extensive knowledge of the disability process. We understand the ins and outs of Social Security Disability and what it takes to make a strong claim.

Initial Review of Your Application

Most people are denied at the initial application stage, and it’s because many of them rush through their claims. We take the time to review the details of your claim to ensure you have everything you need. As necessary we bolster your evidence and the narrative that form the core of your application so you are best positioned to apply.

Collecting the Medical Evidence

Disability cases are won or lost based on the strength of the medical evidence. This does not mean you should simply pull the last decade’s worth of your medical records, send them to the Social Security Administration (SSA), and hope for the best. We review your disability, find the relevant records, and obtain any that are missing.

We go one step further in presenting the best possible case for our clients. If necessary we will help arrange for you to have additional tests performed so you can adequately document your condition. We also draft the all-important narrative that accompanies your application and cuts to the core of your claim.

Once your application and the supporting records are ready, we submit it to the appropriate office.

Staying in Touch with the SSA

The SSA has too few staff members to handle too many claims, many of which are inaccurate and incomplete. You can expect delays if for no other reason than the sheer volume of applications people submit.

To help ensure your claim does not get lost in the shuffle, we stay in regular contact with the SSA. Wherever possible, we take the necessary steps to speed up the process and will reach out if necessary to find out the status of your claim.

Filing an Appeal

Due to the number of initial claims that are rejected, there is a chance you will need to appeal yours – but do not assume that your first response is the final word. Instead, let an experienced Scranton disability lawyer file and pursue your appeal. We know how to appeal, what should be included in the appeal, and the deadlines that you must meet.

Representing You at the Claims Hearing

If you successfully appealed your claim denial, you will then have a hearing with an administrative law judge. This can certainly be a stressful situation, so we can advocate on your behalf at the hearing. We will present your evidence, obtain witness testimony, and argue for the most favorable outcome.

How Do I Appeal a Disability Claim in Scranton?

Appealing a disability benefits decision is a complex step that requires an understanding of the applicable rules and procedures. If you miss a deadline or fail to submit the evidence needed to bolster your claim, your appeal will fail. Having an experienced attorney is critical to successfully navigating your appeal, and we can help with the steps listed below.

As a general rule, you have only 60 days after receiving notice of the SSA’s decision to request one of the following types of appeals:

Reconsideration

If the SSA recently denied your claim for medical reasons, you can ask for a reconsideration. This involves a completely new review of your claim by someone who did not participate in the original determination. The SSA then examines the evidence used in the first determination along with new evidence that you submit.

You can also ask for reconsideration for a non-medical reason, such as your income and resources, your living arrangements, and overpayments.

Administrative Law Judge Hearing

If the reconsideration does not give you the results that your claim deserves, the next step is to ask for a hearing. An administrative law judge, or ALJ, who did not participate in the first determination or the reconsideration will hear your case. After submitting your hearing request, a local office will send you a notice about the hearing date and location along with details about the process.

Appeals Council Review

The next level of appeal is the Appeals Council. If the Council decides to grant your case a review, it may deny or dismiss your request if the hearing decision that you received aligns with Social Security rules and regulations. Alternatively, the Council may issue a new decision or return your matter to the ALJ for further proceedings.

Federal Court

Finally, you can appeal the Appeals Council’s decision to the federal courts. This is the last avenue of seeking relief and is essentially a civil action that you, the claimant, would file against the SSA after exhausting the internal appeals processes described above. You need strong documentation and an understanding of the federal rules of civil procedure, evidence, and more to prevail at this level.

What Is the 5-Year Rule for Social Security Disability?

Certain individuals have disabilities which only allow them to work inconsistently. If these persons have a disability that prevents them from working more than once during a five-year period, the Social Security Disability 5-year rule will prove vital to their benefits.

This rule allows individuals who have already received disability benefits to forgo a required waiting period in the re-application process after they go back to work. They can begin receiving payments for six months while the SSA determines whether they qualify again for benefits. It is more formally known as expedited reinstatement, or EXR.

EXR applies where someone received disability benefits during the previous five years, then stopped receiving them but finds that they must request disability benefits again. EXR allows the person to not have to start a brand new application for disability. The benefits must relate to a condition that is the same or similar to the condition that originally qualified them for benefits.

Questions to Ask a Scranton Disability Lawyer

If you have questions about how Social Security disability works, we are here to answer them.

What Should I Look for in a Lawyer?

If you are wondering what to look for in a lawyer, the simple answer is experience. This is unlikely to be found in a firm that handles unrelated matters, like traffic tickets or divorce. Our firm has extensive experience with all aspects of disability, including appeals.

What if I Have a Unique Disability?

Some clients are concerned because they believe they have a unique or unusual disability. They want to know whether the law firm they might retain has ever handled their specific ailment before. Although it is a bonus to have an attorney who has worked on your specific type of disability, lawyers are not medical experts.

This is why we rely on expert witnesses, or individuals with technical or scientific knowledge relevant to your disability, to boost your claim. We also have a dependable network of lawyers and physicians that we leverage on your behalf.

What Can I Do to Help My Claim?

Applicants should view a relationship with their lawyers as a partnership. This is because no matter how good your attorney is, they cannot make a successful claim without your help. A few things you can do to assist your lawyer include:

  • Attending all appointments set by your doctors
  • Listing all of your doctors, clinics, prescription medications, and other pertinent medical information in your case
  • Making detailed notes about your disability, including its effects on your life
  • Saving all medical and other bills related to your disability as evidence
  • Being honest and forthright with your attorney
  • Staying in touch with your attorney

Disability Lawyers in Scranton, PA FAQ

Here are some of the most commonly asked questions we receive from our clients.

What Is the Most Commonly Approved Disability?

Statistics indicate which conditions are most commonly approved for benefits for disabled workers and adult children. Workers commonly win payments for musculoskeletal, nervous system, and sense organ issues. Mental disorders rank high as well and often include post-traumatic stress disorder and depression.

As for children, intellectual disabilities are the most common. Among these are mental illnesses and other types of disorders. Nervous system and sense organ disorders are also frequent bases for claims.

Do I Need a Lawyer to Get Disability in PA?

Although you do not have to have an attorney assist with your disability claim, you will be at a severe disadvantage without one. We know that when it comes to hiring an attorney, you want someone who is not only committed to you but has a track record that testifies to it. We invite you to research our firm’s reviews to get a better idea of our dedication to making the strongest possible disability claims.

You can also hear the testimonials of real-life clients and why they are happy they chose Pond Lehocky Giordano.

What Is the Most a Scranton Disability Lawyer Can Charge?

Like many disability applicants, you are probably wondering how much a lawyer will cost. Government rules limit how much an attorney can charge.

The SSA caps attorney’s fees in disability cases at 25% of the client’s past due benefit or $9,200 (whichever is less). The $9,200 figure is as of November 2024, although the SSA may raise the limit at any time, including during your case.

Connect with a Disability Lawyer in Scranton, PA Today

At Pond Lehocky Giordano, we understand the stress you are likely undergoing as you wonder how you will pay your monthly expenses in light of your disability. You can rest assured that when you retain us to handle your case, you will have a tireless advocate who will develop a comprehensive strategy to seek the maximum amount of benefits available. We handle cases in all 50 states, so reach out to us today to get started.

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