Fort Lee, NJ Disability (SSDI) Lawyer

Having certain medical or psychological conditions or disabilities might make it difficult or impossible to work and earn a living. So, how do you earn an income if you cannot work? Many people living with disabilities file for Social Security Disability Insurance (SSDI) benefits. Talk to our lawyers to determine if disability benefits can help you.

You should consider filing for SSDI benefits if you have a physical or mental condition that makes working impossible. Many people file because they were injured in accidents, developed an illness, or have a condition that became worse over time. To be eligible for SSDI benefits, you must have a condition that meets the federal definition of a disability. The condition must prevent you from working or performing “substantial gainful activity.” Not only can an injured worker take advantage of these benefits, but so might a surviving spouse or child in some cases.

Call (609) 557-3081 and ask our disability attorneys at Young, Marr, Mallis & Associates for a free review of your case to get started.

Why You Might Need to Apply for Disability Benefits in Fort Lee, NJ

Disability benefits may be available for people who can no longer work due to a mental or physical condition. As described in more detail below, the condition must meet the definition of a disability as set by federal law. If you have a disability but can still work, you might not be eligible for SSDI benefits, and our disability lawyer can help you find other support options to help you.

One big reason many workers find themselves in need of assistance is sudden and unexpected injuries. Maybe you were in a car accident and can no longer walk, or maybe you hurt your back in a bad fall and now have serious mobility problems. Maybe you suffered a severe head injury and now have cognitive impairments that make working practically impossible. SSDI benefits might be what you need to continue supporting yourself and maintaining your independence.

Another common factor is illness. You might be unable to work because of a chronic or long-term illness. For example, many people living with cancer can no longer work because the disease and treatments take a massive toll on their bodies. Maybe your illness is not physical but psychological. Mental conditions that make working impossible may also qualify you for SSDI benefits.

How to Qualify for SSDI Benefits in Fort Lee, NJ

Qualifying for SSDI benefits requires two important factors: a disability and an inability to work. Some people might have conditions that meet the federal definition of a disability, but their condition might not stop them from working. On the other hand, some people find themselves unable to work, but not because of a qualifying disability. In these cases, SSDI benefits would not be available.

Have a Disability

Being unable to work because of an injury or medical condition does not automatically satisfy the disability requirement for SSDI benefits. You must have a qualifying disability. If you are unsure whether your condition is a qualifying disability, check your condition against the list of qualifying conditions maintained by the Social Security Administration.

How a disability is defined tends to vary based on who you are talking to. For purposes of SSDI application, the federal government has developed a legal definition of a disability under 20 C.F.R. § 404.1505(a). Under the law, a disability is a physical or mental condition that prevents you from performing substantial gainful activity. Also, the condition must be expected to persist for no less than 12 months or end in death.

Inability to Work

Having a qualifying disability is only half the equation. You must also be able to prove that your disability prevents you from returning to work. More specifically, your disability must prevent you from performing “substantial gainful activity.” According to § 404.1572, work may be considered substantial gainful activity under two conditions.

First, the work must require significant mental or physical effort. This can be a somewhat confusing definition, as it might sound like only work that is hard is included, but this is not exactly true. Even simple, relatively easy work may require significant effort. Even standing at a register or sitting at a desk may be considered significant. If you can still perform such activity even with a disability, you might not qualify for SSDI.

Second, the work must be gainful, meaning it is performed for profit or pay. Again, most work that leads to a paycheck may be considered gainful. However, gainful work does not necessarily have to be profitable. For example, if you make a business deal that falls through and does not turn a profit, the work involved in that deal may still be considered gainful because it was performed for profit even though profit was not realized.

Who Can Take Advantage of Disability Benefits in Fort Lee, NJ

An injured worker can take advantage of SSDI benefits using their own work history. If you are ever unable to work because of a disability, and you have a sufficient history of working, you can talk to a lawyer about filing a claim for disability benefits. However, other family members might also claim these benefits in your name under specific conditions.

A surviving spouse may file for disability benefits using the information of their deceased spouse. In many cases, the working spouse was the primary supporter and caretaker of the surviving spouse. After the working spouse passes away, the surviving spouse may claim disability benefits to continue that support. The surviving spouse must be at least 50 but no older than 60 and have a medical condition that meets the definition of a disability. Finally, the disability must have developed before the working spouse’s death or within 7 years after.

Children may also claim disability benefits using their parent’s information and work history. Children under the age of 18 may have a disability, but the disability is not considered when determining eligibility as long as the child was a dependent. However, once the child turns 18, they must prove they have a qualifying disability. Adult children may claim benefits through a parent as long as their disability arose before the age of 22.

Contact Our Fort Lee, NJ Disability (SSDI) Attorneys for Help Now

Call (609) 557-3081 and ask our disability attorneys at Young, Marr, Mallis & Associates for a free review of your case to get started.