Do I Need a Lawyer for My Social Security Disability Hearing?

Although you are not required to have any sort of legal representation at a disability hearing, statistics show that those who have an attorney are far more likely to be approved for benefits than those who choose to represent themselves.

The average individual, particularly one who is suffering from a debilitating physical or mental condition, will not be able to adequately prepare for a disability hearing.

On the other hand, attorneys specializing in representing SSD/SSI claimants will be well versed in disability law, including which medical records are necessary to demonstrate disability; the criteria needed to meet a listing in the blue book (the official Social Security disability handbook); how to demonstrate, through medical records, an inability to return to prior work or any other work due to diminished residual functional capacity (activities a claimant can or cannot do); and how to use the vocational grid to show that, even if the claimant is capable of performing certain tasks, he or she is not capable of earning the current substantial gainful activity (SGA) amount each month.

The Social Security Appeal process is very complex and if you don’t know the ins and outs of the process it could hurt your case. Please, call our Pennsylvania social security appeal lawyers toll free at 1-800-444-5309 for a free consultation or visit PisanchynLawFirm.com.

When to Talk to a Social Security Disability Lawyer

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased. While it's certainly true that some people who apply on their own are approved for benefits, statistics show that Social Security is more likely to approve an applicant who's represented by legal counsel than one who isn't.

From the initial application to the hearing level and beyond, disability attorneys understand how to present a case in the light most favorable to their clients. At the reconsideration and hearing levels (the first and second level of appeal in most states), your lawyer can collect and submit relevant medical evidence, obtain an opinion from your doctor, draft a detailed brief to the Administrative Law Judge (ALJ), and prepare you for the judge's questions at the hearing. Your attorney will also elicit helpful testimony from you at the hearing and may cross-examine the Vocational Expert or Medical Expert to demonstrate that you're unable to work.

At the next stages of appeal, the Appeals Council and federal court, your lawyer can craft sophisticated legal arguments to show that Social Security wrongly denied your case.

Our Pennsylvania Social Security appeal attorneys have been through the Social Security appeal process numerous times, we can guide you through this process and help get you the benefits you deserve.

If you or a loved one is filing for SSDI, or has filed and been denied, call the Pisanchyn Law Firm for a free consultation at 1-800-444-5309 or visit PisanchynLawFirm.com.

Safe Fall Driving Tips

Fall in Pennsylvania is arguably our most beautiful season. It's a great time to go for a drive just to enjoy the scenery. 

But erratic weather conditions, reduced hours of daylight, falling temperatures and revised patterns of activity all contribute to the season's own driving challenges. Here are eight tips on how to prepare for and deal with them.


1. Beware the leaves
Brightly coloured leaves are a feast for the eyes while they're on the trees, but they inevitably fall to the ground where they can present a safety hazard. Leaves on the roadway, especially when they're wet, can be as slippery as ice so treat them with the same caution. Piles of leaves along the edge of the road can also obscure hidden hazards so steer clear of them.

2. Don't let the sun blind you
The hours of daylight continue to decrease throughout the fall season, with sunrise coming progressively later and sunset earlier. During those periods, when the sun is hanging low in the sky, it can be blinding if you're driving toward it. Be sure to wear high-quality sunglasses in those conditions and adjust sun visors to minimize the glare. Keep the windshield clean, too, as dirt on the glass can amplify the glare.


3. Prepare for less daylight
As the hours of daylight decrease, chances are you'll be doing more driving in dusk or dark conditions – perhaps even commuting to or from work in the dark. Be sure all your lights are working properly and keep them clean. The plastic covers over most of today's headlights can become clouded or pitted with time so it's a good idea to have them cleaned and polished. Be sure all your lights are on all the time – not just the automatic daytime running lights, which in many vehicles leave the taillights off.

4. Watch for children
School is in again, so be extra alert for school zones and children going or coming from school or playing along the roadside after school. They'll be harder to see as the daylight diminishes. Be prepared for school buses and their frequent stops as well. And remember that you must stop and remain stopped while their lights are flashing, on all but divided highways in most jurisdictions.

5. Look out for cyclists, pedestrians and animals
It's not just children that are more likely to be on or near the road in the Fall. As the weather cools, it's ideal weather for people to take a walk, go jogging or take a bicycle ride. And they don't always wear bright clothing to make them visible. If you're driving through an area where wildlife is plentiful, animals such as deer might also make an unexpected appearance. Be wary. And if you see one, expect there to be more.

6. Be prepared for frost and ice
As fall progresses, overnight temperatures tend to drop, often dipping below the freezing point temporarily. Such conditions are ideal for creating isolated spots of frost or black ice on sheltered areas of the roadway and on bridges and overpasses. Be aware of that possibility and extra cautious in area that might be susceptible.


7. Adjust for fog or rain
Fog and rain are facts of life in the fall, so be prepared for both and adjust your driving accordingly. Reduce your speed to correspond with the reduced visibility and increase the space behind the vehicle ahead to provide more time to react. If your vehicle is equipped with fog lights, use them, and be sure your headlights are on low, not high beam. In the rain, be cautious of puddles that can jerk at the steering wheel when you hit them, be prepared for visibility to be impaired from other vehicles' road spray, and adjust speed to account for reduced traction.

8. Prepare your vehicle for winter
Fall is a prelude to winter, which can effectively arrive almost any time throughout the period in most of PA. So prepare accordingly before it catches you out. Once the temperature drops to 30 or below, it's time to install winter tires – on all four wheels, not just two. That's also a good time to install new wiper blades and conduct routine maintenance such as changing oil and checking all fluids. Be sure you always have an ample supply of washer fluid and carry a spare container for emergency use. Check your safety kit as well, to ensure that it's up to date.

If you or a loved one are injured in an accident due to someone else's negligence, our PA car accident attorney can help. Call 1-800-444-5309 for a free consultation or visit PisanchynLawFirm.com for more information.

What Should I Do After an Accident?

What to do after you are involved in a car accident.
Accidents happen and you may not be thinking clearly after you are in a car crash. You may even be injured. Knowing what to do in case of an accident is important. Adrenaline may be flowing, injuries and commotion can be disorientating. While every accident is unique the steps one should take after a motor vehicle accident are similar.

Assess any injuries you and/or your passengers have. Stay at the scene. If the police haven't arrived call the police and provide them with all your contact and insurance information. The other party will do the same. Routinely the police will make out a police accident report especially if someone is injured.

Exchange contact information with the other driver. Talk to witnesses and get their contact information as well. Write down things while they are fresh in your mind. Write down everything you can remember about the accident.

Report the accident to the police and report the accident to your insurance company. They will do an investigation. Contact an attorney who will also conduct their own investigation on your behalf. People collect more for injury settlements when they have an injury lawyer then when they don't.

Keep records of all your medical treatment and costs. You may think the insurance carrier or even your lawyer should have obtained all the documentation but you never know what you may need and what you may be asked at a later time. The more you can document the better prepared you and your lawyer will be.

How long it may take to settle your car accident case depends on the severity of your accident and the parties involved. Most cases settle without having to go to court. Litigation can be lengthy and stressful. At the Pisanchyn Law Firm we always work to get you the maximum settlement possible.

Contact Pisanchyn Law Firm's accident lawyers if you or a loved one has been injured for your free consultation at 1-800-444-5309 or visit our website.

Michael Pisanchyn and Pisanchyn Law Firm Scranton

3 Myths about Traumatic Brain Injuries

Traumatic Brain Injuries (TBI’s) require immediate attention and proper diagnosis. Unfortunately, unless an injury victim suffers a visible head injury, traumatic brain injuries often get neglected. Moreover, some minor head injuries are not immediately visible and start showing effects long after the patient is discharged from the hospital. TBI’s that develop over time can also affect the cognitive, physical, and behavioral functions of the victim.

At times, patients suffering from TBI’s (especially the mild ones) are not even aware that they have a TBI, many health care practitioners fail to diagnose a TBI patient. This leaves many patients stuck in a medical abyss with an injury that they have no idea of, and that can alter their life forever.

Many people believe certain myths about traumatic brain juries. In this post, catastrophic injury attorney Michael Pisanchyn will debunk some of these common myths, and help you gain a clear understanding of what TBIs really are.

Myth 1 – A brain injury is always accompanied by loss of consciousness

Loss of consciousness is one of the symptoms of a traumatic brain injury. However, it is not the sole indicator. Feeling dazed, disoriented or confused can also be indicators of a TBI. Often medical practitioners overlook these indicators due to ‘no loss of consciousness.’

These indicators of mild TBI can affect a person’s injury claim, because the defense lawyers often use the ‘no loss of consciousness’ premise in an attempt to rule out TBI.

Myth 2 – If an MRI or CT does not show a TBI, then there is no TBI

Individuals suffering a head injury typically undergo an MRI or a CT scan in the emergency room. However, a Traumatic Brain Injury can present itself in a number of ways, days after an accident. Considering this, it could be possible that life altering effects of a TBI can be neglected by the patient, his family, medical caregivers, an inexperienced lawyer, and other personnel associated with the case.

To counter this, having an experienced traumatic brain injury lawyer by your side is important. An experienced attorney will have a clear understanding of TBI’s, will be able to investigate the symptoms caused by the injury, differentiate between before and after behaviors, and draw up a testimony that includes TBI specialists, to speak before the defense, jury, and judge.

Myth 3 – Mild TBI’s are not disabling

Victims of a mild traumatic brain injury often exhibit normalcy – in reactions as well as behavior. However, they can also experience crippling disabilities that can be physical, emotional, cognitive, and behavioral in nature, or can even lead to degenerative brain diseases. All of these can alter a person’s normal life. The brain is a complex organ, therefore any injury – mild or severe – can lead to complex repercussions and often, trying to prove them in court can become even more complex.

 

Those who are victims of TBI’s should discard such myths, seek expert medical help, and most importantly, ensure your legal rights are protected by seeking the advice of a qualified attorney.
If you have you or a loved one is suffering from a TBI, Pisanchyn Law Firm can help. Call us today at 1-800-444-5309 or visit CatastrophicallyInjured.com to schedule a free case evaluation.

Pennsylvania’s New Red Light Law Goes into Effect

A new law allowing drivers to go through a red light--under certain conditions--went into effect in Pennsylvania on Sunday.

Governor Tom Wolf signed the bill into law in July. It took effect September 18.

The new rule allows drivers to go through a red light when the sensor appears to be malfunctioning--such as if it is blinking or if the light’s sensor appears not to be working, keeping the light from turning green.

The law was originally intended to help motorcyclists, but it was expanded to apply to all vehicles.
Some traffic lights use sensors that are under the pavement so when a car comes up, it triggers the sensor. The problem is motorcycles sometimes don't trigger it, so that light never turns green.

There is no designation as to how long vehicles must wait to proceed through the light making intersections controlled by traffic lights a little more dangerous.

Always proceed through a traffic light with caution, looking in all directions before going through, even on a green light.

For more about accidents or if you or a loved one has been injured as a result of an accident, call 1-800-444-5309 or visit PisanchynLawFirm.com.