Josh Perry - O'Donnell Law

SSI vs. SSDI: What’s the Difference in Wilkes-Barre and Scranton?

JPerry — Sun, 22 Feb 2026 19:28:37 +0000

If you’re considering applying for Social Security Disability benefits in Wilkes-Barre or Scranton, one of the first questions you may have is: what’s the difference between SSI and SSDI?

Although the acronyms look similar, Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are two very different programs — with different eligibility rules, income requirements, and work history considerations.

What Is SSDI?

SSDI is an insurance-based program. If you’ve worked and paid Social Security taxes, you may have earned enough “quarter credits” to qualify.

You must have sufficient work credits (typically 20 of the last 40 quarters).
There is no strict income or asset cap like SSI.
Eligibility is based primarily on your work history and disability.

For many workers in Wilkes-Barre, Scranton, Luzerne County, and Lackawanna County, SSDI is the primary disability program if they have built up enough credits.

What Is SSI?

SSI is a needs-based program. It is designed for individuals who are disabled but do not have enough work credits to qualify for SSDI.

No prior work history required.
Strict income limits apply.
Assets are reviewed (generally a $2,000 limit for individuals, excluding home and primary vehicle).

Income for SSI purposes is broader than just wages. The Social Security Administration may consider:

Part-time earnings
Money from family members
Free or reduced housing
Food assistance
Monthly stipends

The Disability Standard Is the Same

Whether you apply for SSI or SSDI, the medical standard for disability is the same. Your condition must be medically determinable and supported by objective evidence.

There is no one-size-fits-all approach. Two people with the same diagnosis may qualify differently based on age, work history, and functional limitations.

What Happens If Your Application Is Denied?

If your application is denied, you generally have 65 days from the date of the denial letter to file an appeal.

Reconsideration
Administrative Law Judge Hearing
Further appeals if necessary

Strong medical documentation and understanding Social Security regulations are critical at the appeal stage.

Applying for SSI or SSDI in Northeastern Pennsylvania

If you’re applying for Social Security Disability benefits in Wilkes-Barre or Scranton, understanding which program applies to you can prevent delays and costly mistakes.

If you would like your case evaluated, contact O’Donnell Law Offices to discuss your options.

About the Author

Joshua Perry is a personal injury and disability attorney serving Wilkes-Barre, Scranton, and Northeastern Pennsylvania. Before becoming a lawyer, he spent 11 years as a registered nurse in the Intensive Care Unit at Geisinger Wyoming Valley Medical Center, giving him firsthand insight into the serious medical conditions and injuries his clients face. A Back Mountain native, Joshua earned his nursing degree from Wilkes University and his law degree from Syracuse University College of Law.

The post SSI vs. SSDI: What’s the Difference in Wilkes-Barre and Scranton? first appeared on O'Donnell Law.

Winter Slip and Fall Accidents in Wilkes-Barre

JPerry — Tue, 16 Dec 2025 00:17:37 +0000

Winter weather in Northeastern Pennsylvania often means slippery surfaces— on sidewalks, parking lots, entryways, and store aisles. Even when you’re being careful, one patch of ice or a wet, slick floor can lead to a serious fall. If you’re injured on someone else’s property, it helps to understand what steps to take and how Pennsylvania law generally evaluates winter slip-and-fall cases.

Winter Slip and Fall Accidents: Why Your Next Steps Matter

After a fall, your first instinct may be to seek medical attention. That is often the right decision. But injuries can lead to unexpected bills and missed time at work. In many cases, property owners or their insurers may deny responsibility. Knowing what to do early can help protect both your health and your potential claim.

Premises Liability Basics in Pennsylvania

Slip and fall cases commonly involve premises liability, which focuses on what duties a property owner (or possessor of land) owes to people on the premises. In Pennsylvania, your legal status on the property can affect the duty owed to you. Generally, a person on someone else’s property falls into one of these categories:

Business invitee (example: shopping at a store)
Social licensee (example: invited guest at a friend’s home)
Expected trespasser
Unknown trespasser

Most commercial winter slip-and-fall claims involve business invitees, because shoppers are on the property for business purposes.

The Duty Owed to Invitees and Licensees

Both invitees and licensees are generally owed a duty to:

Make reasonable inspections of the property, and
Warn of known hazards.

However, an important difference is that a property owner typically owes an invitee an additional duty to reasonably correct (rectify) dangerous conditions. The law may not impose that same correction obligation in the same way for a licensee.

Winter Weather and the “Hills and Ridges” Doctrine

Winter conditions create a real-world challenge: even after a property is cleared, snow and ice can return quickly—especially during an ongoing storm. Pennsylvania courts address this through what is commonly called the “hills and ridges” doctrine.

In many winter slip-and-fall claims involving general snowy or icy conditions, a shopper typically must show:

The accumulation of snow or ice was large enough to pose an unreasonable danger to pedestrians;
The property owner had actual or constructive notice of the condition; and
The dangerous accumulation caused the fall.

Practically speaking, property owners are often given a reasonable period of time to address winter conditions. While every case is fact-specific, this “grace period” is sometimes described as several hours or overnight, depending on the circumstances.

Important Exceptions

There are also notable situations where “hills and ridges” may not apply, including:

Snow/ice from an awning or overhang that creates a hazard in a particular spot; and
Localized patches of ice rather than generally icy conditions.

Where the fall happened—and what the surface looked like—can be critical.

What to Do After a Winter Slip and Fall

If you’re injured in a winter slip and fall, consider taking these steps as soon as you reasonably can:

Get medical care and follow your provider’s recommendations.
Document the scene with photos or video. Try to capture the wider area and the specific hazard in the same frame.
Report the incident to the property owner or manager and note the date/time.
Identify witnesses and get names/contact information if possible.
Preserve records such as medical bills, discharge papers, and any written communications.
Be cautious with recorded statements. If you’re asked to give one, it may be best to speak with an attorney first.

Talk With a Pennsylvania Slip and Fall Attorney

A winter fall can be painful, stressful, and disruptive. If you were injured on someone else’s property in Wilkes-Barre, Scranton, or anywhere in Northeastern Pennsylvania, the team at O’Donnell Law Offices can help you understand your options and navigate this complex area of the law.

Contact O’Donnell Law Offices to discuss your situation and next steps.

About the Author

This article was written by Attorney Joshua Perry, with contributions from Connor Graham.

Joshua Perry is a personal injury attorney at O’Donnell Law Offices serving clients throughout Northeastern Pennsylvania. Before entering the legal profession, Josh worked as a registered nurse, giving him a unique perspective on injury cases and a deep understanding of medical records, treatment, and long-term patient impact. He regularly handles slip and fall claims, premises liability matters, and other personal injury cases, helping injured individuals navigate complex legal and medical issues.

Learn more about Attorney Joshua Perry →

References

The following Pennsylvania cases provide general legal context for the principles discussed above:

Morin v. Traveler’s Rest Motel, Inc., 704 A.2d 1085 (Pa. Super. Ct. 1997), available here .
Heasley v. Carter Lumber, 843 A.2d 1274 (Pa. Super. Ct. 2004), available here .
Williams v. Shultz, 240 A.2d 812 (Pa. 1968), available here .

Note: Case law is cited for general informational purposes only. Legal outcomes depend on the specific facts and circumstances of each case.

The post Winter Slip and Fall Accidents in Wilkes-Barre first appeared on O'Donnell Law.

O’Donnell Law Offices Honored in Best Lawyers® 2026

Samuel O'Connell — Thu, 21 Aug 2025 12:03:23 +0000

O’Donnell Law Offices is proud to share exciting news from the 2026 edition of The Best Lawyers in America®—a year made even more special as the firm celebrates its 35th anniversary serving Northeastern Pennsylvania.

Neil T. O’Donnell has been honored as the 2026 “Lawyer of the Year” in Personal Injury Litigation – Plaintiffs for Northeastern Pennsylvania, a prestigious recognition from The Best Lawyers in America. This distinction is one of the highest honors in the legal field, awarded to only one attorney in each region and practice area. Selection is based entirely on peer nomination and review, reflecting the utmost respect from fellow attorneys.

Neil’s recognition is a testament to his decades of dedication to justice, unwavering advocacy for clients, and deep commitment to the community. For more than 35 years, he has fought for injury victims and their families, securing life-changing verdicts and settlements while providing compassionate counsel.

Honoring the Entire O’Donnell Law Team

In addition to Neil’s honor, every attorney at O’Donnell Law Offices has been recognized in the 2026 edition of The Best Lawyers in America® for excellence in their respective practice areas:

Cathy O’Donnell – Honored for her exceptional work in estate planning, estate administration, and elder law. Cathy has built a reputation for guiding families with compassion and clarity, ensuring their futures are secure.
Michael A. O’Donnell – Recognized for his outstanding advocacy in personal injury litigation. Michael combines a strong legal mind with a deep sense of empathy for his clients, following in the proud tradition of the firm while forging his own path.
Gerard Gaughan – Celebrated for his expertise in handling complex injury cases, Gerard is known for his meticulous preparation and steadfast commitment to achieving justice for clients.
Joshua Perry – Honored for his skill and compassion as both a registered nurse and attorney. Joshua brings a unique perspective to the courtroom, blending medical knowledge with legal advocacy to support clients in some of their most difficult moments.

These individual accolades highlight the depth of talent and dedication across the firm, underscoring a shared mission of client advocacy and community service.

35 Years of Advocacy in Northeastern Pennsylvania

Since its founding, O’Donnell Law Offices has remained committed to providing trusted legal counsel in personal injury, wrongful death, medical malpractice, sexual abuse, workplace injury, and other serious cases. The firm proudly serves Luzerne, Lackawanna, Wyoming, and surrounding counties.

As the firm marks 35 years of service, this recognition by Best Lawyers® reaffirms the impact of O’Donnell Law Offices in both the courtroom and the community.

“We are honored to be recognized together during such a milestone year,” said Neil O’Donnell. “This award is not just about one attorney—it reflects the dedication of our entire team to serving our clients and our region with integrity and compassion.”

About O’Donnell Law Offices

O’Donnell Law Offices is a Northeastern Pennsylvania-based personal injury firm with a reputation for excellence built over more than 35 years. The firm has been consistently recognized for its leadership, advocacy, and commitment to clients throughout the region.

The post O’Donnell Law Offices Honored in Best Lawyers® 2026 first appeared on O'Donnell Law.

The Anatomy of a Motorcycle Crash — A Medical-Legal Perspective

JPerry — Mon, 04 Aug 2025 16:43:49 +0000

Motorcycle Riders Face Serious Risks on Pennsylvania Roads

Motorcycling offers freedom—but that freedom comes with serious risk. According to the National Safety Council, motorcycle riders account for only 0.6% of total vehicle miles traveled but make up over 15% of all traffic fatalities.

As both an attorney and a former registered nurse, I’ve seen firsthand just how catastrophic motorcycle injuries can be. The absence of a protective frame, airbags, or seatbelt means riders are completely exposed when something goes wrong.

Common Motorcycle Crash Injuries

Here are just a few of the most frequent and severe injuries I’ve encountered in my work with motorcycle accident victims:

Femur fractures from legs striking handlebars in front-end impacts
Severe head injuries, even when helmets are worn
Chest trauma, including fractured ribs and lung injuries
Pneumothorax or hemothorax (collapsed or blood-filled lungs)
Road rash and deep abrasions from sliding across pavement
Bone fractures and amputations from high-speed ejections

These injuries don’t just impact your body—they impact your recovery timeline, your finances, and your family’s future.

Hidden Danger: Infection After a Motorcycle Accident

One of the most overlooked risks following a motorcycle crash is infection.

Injured riders often come into contact with dirty surfaces—roads, guardrails, and vehicle undercarriages. This increases the chance of infection, especially in:

Compound fractures, where bone breaks through the skin
Lacerations and abrasions, which are vulnerable to environmental bacteria
Prophylactic antibiotics are often necessary to prevent complications like sepsis or pneumonia.

Why You Should Seek Immediate Medical Attention

Even if you feel “okay” after a crash, internal injuries and infections can develop silently over hours or days. Immediate medical evaluation can prevent long-term health issues—and it also helps document your condition if you need to pursue legal action.

We Understand Motorcycle Injuries from Both Sides

At O’Donnell Law Offices, we approach your case with both legal and medical knowledge. As a former RN, I understand what your injuries mean, how they impact your life, and how to advocate for the compensation you’ll need to move forward.

Injured in a Motorcycle Crash in Wilkes-Barre or Beyond?

If you’ve been injured in a motorcycle accident in Wilkes-Barre, Kingston, Scranton, Hazleton, or anywhere in Pennsylvania, contact us today. We offer free consultations, and you don’t pay unless we win.

Let us help you get the care—and compensation—you deserve.

About the Author: Attorney Joshua Perry

Joshua Perry is a personal injury attorney at O'Donnell Law Offices with a unique perspective—before practicing law, he worked as a registered nurse. His combined legal and medical background allows him to understand the full scope of his clients’ injuries and advocate more effectively on their behalf. Josh focuses on serious injury cases, including motorcycle accidents, where his clinical insight and trial experience make a powerful difference. He proudly serves clients across Northeastern Pennsylvania, including Wilkes-Barre, Kingston, Scranton, and Hazleton.

Josh Perry Attorney

The post The Anatomy of a Motorcycle Crash — A Medical-Legal Perspective first appeared on O'Donnell Law.

Protection from Abuse Orders Now Available for Pets

JPerry — Wed, 18 Dec 2024 15:13:04 +0000

By: Neil O’Donnell –

The Pennsylvania State Legislature recently passed a bill that extends the protections of “Protection from Abuse” or PFA Orders to household pets. PFAs can be ordered by a court to protect a victim and/or their children from an abuser who is an intimate partner or a family member. This free procedure, when court-approved, sets terms that the defendant must follow. If they violate these terms, they face the risk of being arrested and held in indirect criminal contempt. Under this new legislation, defendants will now be required to “refrain from possessing, abusing or harming a petitioner’s companion animal,” according to Act 146 of 2024.

Extending these terms to pets is important to the protection of the petitioner as well as the pet itself. Oftentimes, pets are used against petitioners through threats and as leverage to coerce them to stay with their abuser or to torment them. It has been reported that about 70% of women in abusive relationships have their pets threatened, injured, or killed. Additionally, the ASPCA writes that “more than a quarter of domestic violence victims stay in abusive relationships for a median time of two years to avoid leaving their pets behind.” There are many organizations that are attempting to address this issue, such as 25 By 2025, whose mission is to help increase the number of domestic violence shelters to become pet-friendly from 17% to 25% by 2025. While there is still work to do, statewide protection for pets helps the cause immensely and opens the door for organizations to further develop solutions to this problem.

The bipartisan bill was signed into law by Governor Josh Shapiro in late November 2024, protecting pets, while also furthering protections for victims of abuse.

The post Protection from Abuse Orders Now Available for Pets first appeared on O'Donnell Law.

Injured at a Home Holiday Party?

JPerry — Thu, 12 Dec 2024 15:17:08 +0000

By: Gerard Gaughan–

The holiday season is upon us, bringing lots of reasons to celebrate. Often, these celebrations take the form of Christmas or holiday parties. While these get-togethers can be hosted at a restaurant or office, there are some special things to consider if you’re hosting or attending a holiday party at home. For instance: what happens if someone gets injured?

Legal Liability for Holiday Party Injuries

In Pennsylvania, a property owner who invites others onto their property has a duty to protect those invitees from known dangers, as well as those that might be discovered with reasonable care. In the context of a holiday party, known dangers may include a dog that is prone to biting or— if small children are attending the party— uncovered electrical outlets. Examples of hidden dangers that may be discovered through reasonable care include missing or unstable railings, bunched-up rugs, or slippery surfaces caused by spills. A property owner has an obligation to reasonably inspect their premises to discover these potential dangers and remedy them before a party guest gets injured.

Of course, one major safety consideration at most holiday parties involves serving alcohol. When a homeowner decides to offer their guest alcoholic beverages, there can be serious legal implications for both the host and the attendees. Pennsylvania imposes social host liability upon party hosts who serve alcohol to minors. If a party host furnishes alcohol to a minor, and as a result of being served injures themself or others, the host is liable for those injuries. When it comes to serving alcohol to adult partygoers, Pennsylvania is in the minority. Unlike most states, Pennsylvania imposes no liability on hosts who furnish alcohol to adults of legal drinking age, even if those adults are visibly intoxicated.

How Can I Prevent Holiday Party Injuries?

If you are a guest attending a holiday party, there are certain steps you can take to decrease your risk of injury. One of the most important steps is to monitor your alcohol intake. Once the eggnog starts flowing, it can be easy for partygoers to lose their balance and fall. An adult partygoer who is injured due to intoxication is not entitled to recover from a party host. Another tip is to remain only in the parts of the home that are designated for the party, in order to avoid potential dangers that the party host did not plan for.

If you are hosting a party, an important step you can take to ensure the safety of your guests is to limit the amount of time when alcohol is served. You can also make sure that guests who are drinking alcohol have access to adequate food to consume along with the adult beverages. Another important safety tip is to restrict minors from accessing alcohol.

Can I Recover Damages If I Am Injured At a Holiday Party?

If you are injured at a holiday party, and those injuries are caused by the negligence of the party host, there are several potential avenues of recovery. Initially, some homeowner’s insurance policies provide what is called medical payments coverage, or “MedPay” coverage, meaning that the insurance company will pay medical bills you may incur as a result of treating the injuries sustained at the host’s home. Most homeowners’ insurance policies also provide liability coverage to the homeowner in the event of an injury at that home. Some insurance companies even offer one-day event or party insurance, which can provide coverage for any injuries that occur during a holiday party.

However, insurance coverage is a complicated area of the law. A fact-specific investigation into each claim is required to determine whether the insurance provides coverage for injuries. Some considerations that may impact insurance coverage include whether alcohol was furnished to minors knowingly or simply negligently, and whether the guest was injured in a part of the home where guests were not permitted to enter. This is why it is so important to have an attorney by your side if you are injured at a holiday party.

Our team at O’Donnell Law Offices has decades of experience maximizing insurance coverage for our clients. If you are injured at a holiday party, O’Donnell Law Offices can use that experience to help you navigate the tricky legal landscape of social host liability and make sure your legal rights to recover for those injuries are protected.

The post Injured at a Home Holiday Party? first appeared on O'Donnell Law.

Joshua Perry Makes Super Lawyers’ Rising Stars List for the First Time

matt — Fri, 17 May 2024 15:16:06 +0000

KINGSTON, Pa. — Attorney Joshua Perry from O’Donnell Law Offices has been named a Rising Stars honoree for the first time by Super Lawyers.

Each year, Rising Stars lawyers are chosen through a rigorous process that involves a comprehensive statewide survey of legal professionals, an impartial assessment of candidates, and peer evaluations across various practice areas. To qualify for the Rising Stars list, attorneys must be under 40 years old or have less than 10 years of practice experience. Only a select few, making up no more than 2.5% of Pennsylvania’s legal practitioners, earn the prestigious honor of being named a Rising Stars lawyer.

Joshua focuses his practice on a variety of legal areas, including personal injury, product liability, and truck collisions. Joshua also serves as the Secretary for the Wilkes-Barre Law and Library Association’s Young Lawyer Division. Before earning his law degree, he graduated from Wilkes University with a Bachelor degree in Nursing and spent 11 years as a registered nurse.

Super Lawyers, a Thomson Reuters Corp. business, rates outstanding lawyers from more than 70 practice areas who have earned a high degree of peer recognition and professional achievement. The annual selections are made using a multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice areas. No more than 5% of attorneys in Pennsylvania are selected for inclusion in Super Lawyers’ lists. For more information on Super Lawyers, visit www.superlawyers.com.

The post Joshua Perry Makes Super Lawyers’ Rising Stars List for the First Time first appeared on O'Donnell Law.