Date: 09-24-2023

Case Style: S.L.F. v. Social Security Administration

Case Number: 3:22-CV-1144

Judge: Joseph F. Saporito, Jr.

Court: United States District Court for the Middle District of Pennsylvania (Lackawanna County)

Plaintiff's Attorney:

Defendant's Attorney: Melissa Swanger

Description: Scranton, Pennsylvania social security disability lawyer represented the Plaintiff seeking review of the denial by HHS of her application of Social Security: SSID Tit. XVI benefits.

"Social Security Disability (SSD) is a federal program that provides benefits to people who are unable to work due to a disability. To be eligible for SSD, you must be disabled under the Social Security Administration's (SSA) definition of disability.

The SSA defines disability as the inability to engage in any substantial gainful activity (SGA) due to a medically determinable impairment that is expected to last for at least 12 months or result in death. An SGA is an activity that is considered to be meaningful work in the national economy.

To apply for SSD, you must complete an application and provide medical evidence of your disability. The SSA will then review your application and medical evidence to determine whether you are eligible for benefits.

If the SSA determines that you are disabled, you will be entitled to monthly benefits. The amount of your benefits will be based on your work history and earnings.

If you are denied SSD benefits, you have the right to appeal. You can file an appeal with the SSA within 60 days of receiving your denial letter. If your appeal is denied, you can request a hearing before a Social Security Administrative Law Judge (ALJ).

If you are successful at your ALJ hearing, you will be awarded SSD benefits. If you lose your ALJ hearing, you can appeal to the Appeals Council and then to federal court.

If you have any questions about SSD or the application process, you should contact the SSA or an attorney.

Here are some tips for applying for SSD:

Be complete and honest on your application.
Provide as much medical evidence as possible to support your claim.
Be prepared to answer questions about your disability at your ALJ hearing.
If you are denied benefits, do not give up. You have the right to appeal.

SSD can be a complex and difficult process, but it is important to remember that you are not alone. There are people who can help you through the process."

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Outcome: 09/22/2023 24 MEMORANDUM (Order to follow as separate docket entry). Based on the foregoing, we conclude that the Commissioners finding that Foux was not disabled is not supported by substantial evidence and was not reached based upon a correct application of the relevant law. Accordingly, the Commissioners decision denying disability benefits will be vacated and the case will be remanded for further proceedings consistent with this opinion.An appropriate order follows. Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/22/23. (ms) (Entered: 09/22/2023)
09/22/2023 25 ORDER - In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The Commissioners administrative decision denying the plaintiffs application for supplemental security income is VACATED and REMANDED for further proceedings; 2.The Clerk is directed to enter JUDGMENT in favor of the plaintiff and against the Commissioner; and3.The Clerk is directed to mark this case as CLOSED. Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/22/23 (ms) (Entered: 09/22/2023)
09/22/2023 26 CLERK'S JUDGMENT in favor of Sherry Lee Foux against Kilolo Kijakazi. JUDGMENT is entered in favor of the plaintiff and against the Commissioner, VACATING the decision of the Commissioner of Social Security and REMANDING to the Commissioner for further proceedings. Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/22/23. (ms) (Entered: 09/22/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: