Legal Question in Social Security Law in Pennsylvania

pa disibility

i have recently had back surgery. I am out of work for 12 weeks. does that qualify for disibility or partail disibility in pennsylvania and if so how does one go about applying for it ? Thank you kindly


Asked on 2/17/09, 7:24 pm

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: pa disibility

If the surgery is as a result of a work-related injury, you should re-post this under Workers Compensation - which is a controlled under state law.

If not, you may consider filing a Social Security Disability claim in the future. If you worked and paid SS or tax or FICA, you are likely insured. But SSD is a total disability standard - you must be unable to perform any full-time work. There is no partial disability. Your disabling condition must last or be expected to last for one year. There is a 5 month waiting period before any cash benefit is payable.

So do your doctors say that you will recover fully or will you have permanent loss of function? It may be too early to tell.

Call the Social Security Administration and ask to open a new disability claim.

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Answered on 2/17/09, 9:05 pm


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