O'Malley and Langan
Mission Statement

“O’Malley & Langan aims to serve its clients with a comprehensive approach – we are more than just your legal counsel. We are a friend and confidante – a team of caring legal professionals with compassion and a strong passion for justice.”-Attorney Todd J. O’Malley
Social Security

 

O’Malley & Langan, P.C.
Social Security Attorneys
Scranton - Wilkes Barre - Pennsylvania

SOCIAL SECURITY DISABILITY

“Every time I called your office, Holly was so helpful to me and answered all my questions.”


“[You] changed my thinking about lawyers to [a] favorable [opinion]. Holly always called and kept me up to date on everything.”


“I felt comfortable calling and asking questions.”


“We were well informed ahead of time on our case. Holly returned phone calls within hours, not days like some law firms.”


“Both Michael and Holly made me feel very comfortable, which was necessary in my case.”


“My case information was still coming in one or two days before my hearing. Holly was right on top of it and also was courteous, friendly and understanding.”


“Holly is an excellent representative [of] your firm. She also excels in personality and professionalism. She made the waiting bearable.”

 

Seven Important Questions and Answers About Social Security
1.
Q:
What Disability benefits are available?
A:

You may receive benefits when you are adjudicated disabled;  it's not only an old-age program.  Benefit payments for disability are based on your average earnings.  In most disability cases,  you must have worked 20 quarters (that is,  5 years) directly preceding the onset of disability.

     
2.
Q:
How does Social Security Administration define  disability (SSD)?
A:

You are disabled if you have a physical or mental condition(s) that prevents you from engaging in any substantial gainful employment and the condition is expected to last for 12 months or to result in death.  Medical evidence is necessary to prove your inability to work.

     
3.
Q:
What is SSI (Supplemental Security Income)?
A:

SSI stands for Supplemental Security Income.   It's a program run by Social Security.  It pays monthly benefits to the elderly,  the blind,  and people with disabilities who meet certain income requirements.

     
4.
Q:
Can you collect Worker's Compensation and Social Security together?
A:

Yes,  however,  your Social Security disability benefit will be reduced so that the combined amount of the Social Security benefit you and your family receive plus your workers' compensation payment does not exceed 80 percent of your average current earnings.

     
5.
Q:
Can you request Social Security to estimate your Disability Benefits?
A:

Yes,  by going to going to your local Social Security office and requesting Form SSA-7004-SM-OPI,  Request for Earnings and Benefits Estimate Statement.

     
6.
Q:
Is it easier to prove disability for Social Security benefits for those approaching  advanced age (50+)?
A:

Yes, the combination of advanced age,  severe mental or physical impairment,  and limited work experience can seriously affect a Claimant's ability to perform a significant number of jobs in the national economy.

     
7.
Q:
Will Social Security consider both your work-related disability as well as your non-work-related in determining your entitlement to benefits?
A:

Social Security will consider the combined effect of all your disabilities and impairments without regard to whether they are work-related or not.  If there is a combination of severe medical impairments will be considered to determine if you are disabled.

 

O’Malley & Langan handles over 200 Social Security Disability cases each year.

 

Studies show that one out of four young workers will become disabled some time during his or her lifetime. The Social Security Administration pays cash benefits to people who are unable to work for a year or more because of a disability. Benefits continue until a person is able to work again on a regular basis, and a number of work incentives are available to ease the transition back to work.

 

Why Should I Hire a Social Security Attorney?

The process of applying for early social security disability benefits can be long and frustrating. Most people who apply for social security benefits are turned down a minimum of two times. Without legal help, it may take up to 2 ½ years to get benefits! O’Malley & Langan can help speed up this process so you can take care of your injury and family. According to the Social Security Administration, a "Disability" can be physical, emotional, or a combination of both. In order to obtain benefits, you must prove your disability is severe enough to keep you from working in any paying job for at least 12 consecutive months. Factors that influence the legal finding of disability are the claimant's age, education, work experience, compliance with medical treatment, daily activities and the kind and extent of treatment. We’ll help you gather all the relevant information and show the Administration that you deserve benefits.

 

How Disability Is Determined

The process used to determine if you are disabled is a step-by-step process involving five questions. They are:

  1. Are you working? If you are and your earnings average more than $780 a month in 2002 or $800 a month in 2003, you generally cannot be considered disabled.
  2. Is your condition severe? Your impairments must interfere with basic work-related activities for your claim to be considered.
  3. Is your condition found in the list of disabling impairments? The Social Security Administration maintains a list of impairments for each of the major body systems that are so severe they automatically mean you are disabled. If your condition is not on the list, a decision has to be made if it is of equal severity to impairments on the list. If it is, your claim is approved. If it is not, go to the next step.
  4. Can you do the work you did previously? If your condition is severe, but not at the same or equal severity as an impairment on the list, then the Administration must determine if it interferes with your ability to do the work you did in the last 15 years. If it does not, your claim will be denied. If it does, your claim will be considered further.
  5. Can you do any other type of work? If you cannot do the work you did in the last 15 years, the Administration then looks to see if you can do any other type of work. They consider your age, education, past work experience, and transferable skills, and review the job demands of occupations as determined by the Department of Labor. If you cannot do any other kind of work, your claim will be approved. If you can, your claim will be denied.


Statute of Limitations

You need to know that the law allows only a limited period of time for social security disability claims to be brought and we can help you determine how much time you have left. If you do not file your claim within the time provided by law, it may be dismissed and you may be denied benefits. You should apply at any Social Security office as soon as you become disabled. (You may file by phone, mail, or by visiting the nearest office.) However, Social Security disability benefits will not begin until the sixth full month of disability. This "waiting period" begins with the first full month after the date the Social Security Administration decides your disability began.


Seven Important Questions and Answers About Social Security


For more information on Social Security Disability,visit www.socialsecurity.gov


To find out what your options are for obtaining Social Security Disability, contact O’Malley & Langan today.

 

For more information on the specific types of cases we handle, call O’Malley & Langan for your free consultation. We’ll explore your options and offer you advice on how to proceed.

 

 
Contact Us!

O'Malley and Langan is your number one choice for Worker's Compensation and Social Security Information! We are available online to ask any question you want, simply fill out the form below and you will receive a contact within 24 hours, or call
1-888-JUSTICE during business hours for an immediate response!

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10 Facts about Workers Comp

 

Workman's Comp

Ten Important Facts You Should Know About Workers Compensation Rights

 

Want to read more information about Workers Compensation Rights? Click here!

 
Call 1-888-JUSTICE for a free copy of our guide
"What if I am Hurt on the Job?"


7 Q&A about Social Security
Social Security

Seven Important Questions and Answers About
Social Security

 

Want to read further?
Simply click here!


Important Links!


Injured Worker Pharmacy (IWP)
Injured Worker Pharmacy (IWP) is a national pharmacy service working on behalf of the injured worker. As an advocate for those injured on the job, IWP takes the financial burden out of the medication process. They are an independent company and a friend to injured workers.
http://www.iwpharmacy.com

UnemployedWorkers.Org
An on-line forum created especially for the nation’s jobless and underemployed workers. This resource is available to help the unemployed learn more about the unemployment system, to share their experiences and concerns, and to participate in the national debate over aid to the jobless.
www.unemployedworkers.org

 

Employment Discrimination

Top five (5) questions/facts needed to ascertain if you have a cause of action;

 

1. Were you fired or did you quit?

2. Were you a member of a union or hired via a contract?

3. Does the reason you were fired, quit or are being harassed relate to your age, sex, race, national origin or disability?

4. Is the person mistreating you a member of management, or is management aware of the ongoing treatment to which you are being subjected?

5. When did the last discriminatory action or event take place?


Once you have these answers, please call 1-888-JUSTICE to peak with our knowledgeable staff.


Product Liability

Product liability can result from faulty manufacturing or design or failure to warn consumers. Accidents attributed to product liability may mean that the manufacturer or distributor of the product is responsible for damages incurred.

 

Product liability related deaths and injuries occur every day; totaling 34 million per year.

 

If you or a loved one were injured by a product, please call us immediately to determine if we can help.  You can reach us at 1-888-JUSTICE and speak to a member of our knowledgeable staff. 


 

You Be the Judge
O'Malley and Langan