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Plainfield, NJ Disability (SSDI) Lawyer

Going to work and earning a living is how most of us support ourselves and remain independent. Unfortunately, many people become injured, ill, or disabled and can no longer work. Filing for benefits through Social Security Disability Insurance (SSDI) might help you retain your independence.

SSDI benefits may be paid to people with qualifying injuries or disabilities if they can no longer work due to their conditions. Family members, like spouses and children, might also be eligible for certain benefits. It is important to discuss your situation with our team of attorneys, as you need to meet certain legal criteria before receiving any benefits. You need to have a history of working jobs that paid into Social Security and a qualifying medical condition. Many recipients of SSDI benefits plan to someday return to work. You might try a trial work period to see if you can still work without losing your benefits. Just be careful about how much money you earn. If your income constitutes “substantial gainful activity,” you risk losing your benefits.

For a free review of your situation from our disability attorneys, call Young, Marr, Mallis & Associates at (609) 557-3081.

What Are SSDI Benefits in Plainfield, NJ?

SSDI benefits may be available to you if you are disabled, ill, or have a medical condition that prevents you from working. These benefits are often paid to disabled former workers, but they might also be available for children who have never worked or disabled spouses. If you or a family member cannot work due to a medical condition, talk to our disability lawyers about SSDI benefits.

Benefits for You

If you file for SSDI benefits, the value of your benefits is based mostly on your work history. As discussed in more detail below, SSDI benefits are based on the money a person has paid into Social Security through working. If you have ever looked at the details on a paycheck, you will likely see various taxes and fees taken out of your gross pay, including for Social Security. The longer your work history and the more money you have paid into Social Security, the greater your SSDI benefits might be.

The severity of your disability or medical condition usually does not play a role in how your benefits are calculated. As long as your condition prevents you from working, not much further consideration is given to things like pain, discomfort, or emotional distress. Talk to our team to get a more accurate idea of what your benefits might look like.

Benefits for Your Family

Disabled family members may receive SSDI benefits through your work history if you pass away. This often comes up in situations where one spouse works and supports the other spouse who is disabled. When the working spouse passes away, the disabled spouse might have no way to support themselves. In such a scenario, the surviving spouse can file for SSDI benefits using their deceased spouse’s work history.

To be eligible, a surviving spouse must be between the ages of 50 and 60 and have a medical condition that meets the Social Security Administration’s definition of disability. Additionally, the disability must have begun before or within 7 years of the passing of the working spouse.

Children can also apply for SSDI benefits if their parent passes away. Children do not necessarily need a qualifying disability to be eligible for benefits as long as they are under 18. SSDI benefits will terminate at age 18 unless the child is a full-time student until age 19 or they have a qualifying disability.

Eligibility for SSDI Disability Benefits in Plainfield, NJ

There are various criteria to consider when applying for SSDI benefits. As briefly mentioned earlier, you should have a history of working, earning an income, and paying into Social Security. Certain exceptions may be made for children or surviving spouses who have disabilities.

Not all disabilities or medical conditions may qualify someone for SSDI benefits. Generally, your medical condition should prevent you from performing substantial gainful activity. A broad list of conditions for adults and children is provided on the Social Security Administration’s website. Categories of disabilities include musculoskeletal disorders, cardiovascular system conditions, neurological disorders, mental conditions, and many, many more.

Your disability should prevent you from performing substantial gainful activity (SGA). What is considered SGA changes from year to year. For 2024, a blind person earning at least $2590 per month is earning SGA. For non-blind people, the limit is $1,150.

If you have little to no history of working and no spouse who you can file for SSDI benefits through, talk to our team for help. There might be other disability benefit options available that are better suited to your situation.

Returning to Work if You Have SSDI Benefits in Plainfield, NJ

A lot of people who receive SSDI benefits hope the situation is not permanent. In fact, many SSDI recipients hope to return to the workforce eventually. There may be a way to test your ability to work without risking your SSDI benefits.

A trial work period allows SSDI recipients to test the waters, so to speak, and try working again without losing their benefits. Work performed during a trial work period is not considered when determining whether someone is still disabled. However, if you work for at least 9 months during any 60-month period, your benefits might be terminated. In 2024, any month worked where an SSDI recipient earns more than $1,110 may count toward this 9-month limit. Also, those 9 months do not need to be consecutive.

If you currently receive SSDI benefits but want to test your ability to work again, talk to our SSDI lawyers first. We can help you figure out how much you can work without risking your benefits, just in case things do not work out.