Disability (SSDI) Lawyer in Linden, NJ

If you recently became injured in an accident or developed an illness or medical condition that prevents you from working and earning a living, you might be in some serious trouble. How can you make ends meet and support yourself if you cannot work? Many people with disabilities file for Social Security Disability Insurance (SSDI) benefits to help them stay afloat during uncertain times.

Simply having an injury or medical condition that makes it difficult to work might not be enough to make you eligible for SSDI benefits. Not only must you have a disability that meets the legal definition set by law, but your disability must prevent you from engaging in “substantial gainful activity” (SGA). Additionally, short-term injuries or partial disabilities are not compensable. Your condition should be long-term and prevent you from working at all. Your precise benefits may depend on how much income you were earning prior to becoming disabled, and your attorney can help you determine what your benefits should be worth. In some cases, the spouses or children of people with disabilities may receive benefits.

Get a private, free evaluation of your case when you call our disability lawyers with Young, Marr, Mallis & Associates at (609) 557-3081.

Determining Eligibility for SSDI Benefits in Linden, NJ

Before you file a claim for disability benefits, speak to our disability attorneys about your eligibility. Not everyone may be eligible for SSDI. Worse still, many eligible people are denied because their application for benefits lacks important details. Your lawyer can help you file your claims so you can get the help you need.

Having a Disability

Your first step toward being approved for SSDI benefits is proving that you have a disability. The definition of a disability can be hard to pin down. Whether a condition is considered a disability might vary, so the law has set its own definition for SSDI purposes. According to 20 C.F.R. § 404.1505(a), a disability is a medically determined mental or physical condition that prevents you from doing work that may be considered substantial gainful activity and is expected to last for at least 12 months or terminate in death.

The disability must be a long-term condition. Short-term disabilities are not compensable. Also, the disability should be total and prevent you from working at all. Partial disabilities that allow you to continue working, albeit in a reduced capacity, may not be compensable. If you are unsure whether your condition meets the definition of a disability, there is a list of impairments considered disabilities within the legal definition. If you do not see your condition listed there, talk to your lawyer anyway. You might still qualify, depending on the circumstances.

Inability to Work

Next, we must consider your ability to work. SSDI benefits may only be available for those who are almost totally unable to work. More specifically, you must be unable to perform substantial gainful activity. But what exactly is SGA? According to § 404.1572, substantial gainful activity is work that is substantial and gainful. This might seem obvious, but these are two critical factors that must be understood before you apply for SSDI benefits.

Activity may be considered substantial if it involves significant mental or physical activity. Even work performed on a part-time basis may be substantial. A job does not have to be difficult to be substantial. Even simple or easy jobs may fit the bill. If you can work but only in a reduced capacity, your work might still be considered substantial, and you might be ineligible for benefits.

Next, SGA must be gainful, meaning it is done for pay or profit. The profit does not have to be realized for the work to be gainful. For example, a business venture that ultimately does not pay off may still be considered gainful work.

Possible Disability Benefits for Injured Workers in Linden, NJ

Your disability benefits may be hard to pinpoint without an extensive conversation with an attorney. Typically, SSDI benefits are based on the applicant’s average annual income in the year leading up to their disability. Put another way, the more income you earn before becoming disabled, the greater your SSDI benefits may be.

Many people who are approved for SSDI benefits are also approved for Medicare. If your condition requires ongoing medical care, being approved for something like Medicare might be incredibly important to your health and well-being. Be sure to talk to your attorney about your specific needs before applying for benefits. Your lawyer can help you make sure you get what you need.

Disability Benefits for Family Members in Linden, NJ

Perhaps you are not the person with a disability who needs assistance. It is possible to allow a family member to file for SSDI benefits using your work history and information. SSDI benefits may be available to your spouse or children. However, such benefits may only be available under specific circumstances.

Children under 18 may receive SSDI benefits without consideration for their actual disability. However, benefits are normally terminated once they turn 18. If your adult child needs to continue receiving SSDI benefits, they must have a qualifying disability. Other children do not start receiving benefits until adulthood. Your adult child may be eligible for SSDI benefits through you if they have a disability that started before they were 22 years old.

If you pass away, your spouse may be entitled to receive benefits. They must be between the ages of 50 and 60 and have a medical condition that meets the definition of a disability, as mentioned above. The disability must also have begun within 7 years of the working spouse’s death. The idea is that when a person who works to support a disabled spouse is no longer around, the surviving spouse may still find support and continue to live on their own.

Contact Our Disability (SSDI) Lawyers in Linden, NJ for Legal Assistance

Get a confidential, free assessment of your claims when you call our disability attorneys with Young, Marr, Mallis & Associates at (609) 557-3081.