Frequently Asked Questions

 

This is a very simplified overview of Social Security Disability Law. Many legal terms have been removed to make it easier to understand. If you want to discuss your case or possible case more contact me for a free consultation. 

 

If I’m Disabled Can I Get Social Security Disability?

 

Maybe. What you and most people consider disabled is not the same definition of disabled under Social Security Law.

 

How Does Social Security Define Disability?

 

Social Security defines disability as when someone has some permanent disease, condition, or ailment from which they suffer so severely that they are unable to perform the duties of any kind of job. 42 U.S.C. Section 423(d)(1)(A) and Section 1382(c)(a)(3)(A).

What Does Permanent Mean?

 

Permanent means that you have followed all of your doctor’s orders yet still suffer severely from the disease, condition, or ailment and there appears to be little to no chance that it will improve any time in the near future.

 

What Physical Diseases, Conditions, and Ailments Will Qualify Me for Social Security Disability?

 

None. It’s the severity of the disease, condition, or ailment that qualifies you for Disability. The fact alone that you have something does not automatically qualify someone except for in very specific circumstances. That said there are many physical diseases, conditions, and ailments that can be so severe as to qualify someone for Disability. 

 

What Type of Mental Diseases, Conditions, and Ailments Will Qualify Me for Social Security Disability?

 

None. Remember it’s the severity of the disease, condition, or ailment. The fact alone that someone has something does not automatically qualify you except for in very specific circumstances. That said there are many mental diseases, conditions, and ailments that can be so severe as to get Disability. Some of these include schizophrenia, bipolar syndrome, major depressive disorder, disorders involving anxiety, eating, and personality issues, psychotic and mood disorders, post-traumatic stress syndrome, and somatoform disorder.

What Does “Any Kind of Job” Mean?

It means any kind of 40 hour a week job in any part of the country. It does not have to be a job that requires the same skill, knowledge, or experience of your previous jobs.

How Severe is Severe?

So severe that assuming you wanted to work with all your heart, you would not be able to perform the duties of any job at any level anywhere. Also so severe that you find it very difficult to perform the everyday normal tasks of living.

How Do They Decide if I am Capable of Doing a Job?

Social Security looks at your ability to sit, stand, and walk and for how long and how far, your ability to lift objects, to bend, squat, and reach for objects and other potential physical and/or mental limitations. Then Social Security factors in your age and your highest grade of education completed.

What are My Chances?

Only a qualified attorney who has discussed your situation at length with you and reviewed all of your medical records, can make an educated reasoned decision on your chances. That said, we track follow and analyze all of our cases upon completion for future use. In addition, we regularly follow both local statistics about the Office of Disability Adjudication Review (ODAR) and its judges in Northeastern Pennsylvania and national statistics. In general, we do everything possible to maximize your chances of getting approved for benefits.

Can You Help Me with the Initial Application and Obtaining Medical Records?

Yes. We help claimants complete the necessary forms for the initial application and obtain their medical records. The sooner in the process you retain us the more time we have to build your case and the better your chances. 

How Do They Decide if I am Capable of Doing a Job?

 

Social Security looks at your ability to sit, stand, and walk and for how long and how far, your ability to lift objects, to bend, squat, and reach for objects and other potential physical and/or mental limitations. Then Social Security factors in your age and your highest grade of education completed.

 

What are My Chances?

 

Only a qualified attorney who has discussed your situation at length with you and reviewed all of your medical records, can make an educated reasoned decision on your chances. That said, we track follow and analyze all of our cases upon completion for future use. In addition, we regularly follow both local statistics about the Office of Disability Adjudication Review (ODAR) and its judges in Northeastern Pennsylvania and national statistics. In general, we do everything possible to maximize your chances of getting approved for benefits.

 

Can You Help Me with the Initial Application and Obtaining Medical Records?

 

Yes. We help claimants complete the necessary forms for the initial application and obtain their medical records. The sooner in the process you retain us the more time we have to build your case and the better your chances. 

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Damian Leone Esquire
Scranton Wilkes-Barre Northeastern Pennsylvania
Social Security Disability Attorney

(570) 677-3914

dleone@nepasocialsecurity.com