Huntingdon Valley Disability (SSDI) Lawyer
Everyone needs to work to earn an income and support themselves and their families, but what happens to people who cannot work anymore because of an injury, illness, or medical condition? Many such people might be eligible for disability benefits. These benefits can help you make ends meet if you cannot work and often last for as long as you need them.
Social Security Disability Insurance (SSDI) benefits help those who cannot continue working because of a disability. For example, an accident, sudden illness, or the progression of an existing condition might make working impossible, and SSDI benefits can help you make ends meet. Certain family members may also take advantage of these benefits if they need them. Before applying, we need to gather proof of your condition. It must meet the definition of a disability set by federal law. We also need proof of your work history and that you can no longer work. Our team can assist you with anything you are unsure of.
Get in touch with our disability lawyers at Young, Marr, Mallis & Associates for a free case assessment by calling our offices at (609) 557-3081.
The Purpose of SSDI Benefits in Huntingdon Valley
SSDI benefits may be available to workers with disabilities who have a sufficient history of working and paying into Social Security. These benefits provide financial assistance to those who can no longer earn an income because of a mental or physical disability. These disability benefits are not meant to be a short-term solution. They are intended for people whose conditions are permanent or expected to last at least a year.
While SSDI benefits are intended to help injured workers who can no longer work, your disability does not have to be work-related. For example, Workers’ Compensation benefits, which are entirely separate from SSDI, require workers to have experienced work-related accidents and injuries. SSDI benefits do not carry this same requirement. Whether you were hurt at work or on your own time, you may be eligible for disability benefits.
Having a disability is not the sole eligibility criterion for SSDI benefits. Your disability must prevent you from working. If you have a qualifying disability but are still able to work and earn a living, you may not be eligible. The purpose of SSDI is to help those who are not only disabled but cannot work. Both of these factors are required for your case to move forward.
Who May Be Eligible for Disability Benefits in Huntingdon Valley?
SSDI benefits are based on the years a person spends working and paying into Social Security. While the workers themselves may be eligible for SSDI, our disability attorneys can assist certain family in getting SSDI benefits under the right conditions.
Injured Workers
To qualify, a worker must have a sufficient work history, which the Social Security Administration (SSA) measures as work credits. One credit is earned for each $1,730 you earn in wages at your job. A person may earn up to 4 work credits per year, and you usually need about 40 credits to qualify for SSDI benefits. However, younger people might be able to apply with fewer credits. Also, SSDI benefits may be available to you for as long as you need them. People who have permanent disabilities and can never work again may receive SSDI benefits indefinitely.
Surviving Spouses
Members of your family may claim SSDI benefits in your name if you pass away. For example, if you leave behind a spouse, they may claim disability benefits using your work history and information. To be eligible, a surviving spouse must be at least 50 and no older than 60 when they apply for SSDI in their deceased spouse’s name.
Next, the surviving spouse must have a disability that meets the definition set by federal law, and the disability must have begun before the working spouse’s death or within 7 years after they passed. This may be very helpful for people with disabilities who rely on their spouses for support. After your spouse passes away, you may continue receiving support.
Children
Generally, children younger than 18 may be eligible for SSDI benefits through a parent, even if they do not have a disability. All children younger than 18 require support, so there is no need to prove that your child has a disability. However, the rules are a bit different for adult children. If a child needs to continue receiving SSDI benefits in their parent’s name past the age of q8, they must show that they have a qualifying disability. An adult child must be unmarried and at least 18 with a qualifying disability that began before age 22.
What You Need to Apply for SSDI Benefits in Huntingdon Valley
When applying for SSDI benefits, we need proof that you satisfy all the eligibility criteria. This includes evidence of your disability and evidence of your inability to work. If evidence is missing for either of these crucial elements, you might be denied SSDI benefits. A lawyer can help you gather everything you need to get started.
Proof of Your Disability
First, we need proof that you have a disability in accordance with the federal definition. According to 20 C.F.R. § 404.1505(a), a disability may be a physical or mental condition, but it must be diagnosed by a doctor. The condition must be long-term and expected to persist for at least 12 months or terminate in the patient’s death. Short-term injuries or disabilities do not qualify for SSDI. Finally, your disability must prevent you from working almost entirely. As described in more detail below, you must be unable to perform work considered “substantial gainful activity.”
Proof of Your Inability to Work
Your disability must prevent you from performing substantial gainful activity. If you can still work, even in a somewhat reduced capacity, you might not qualify for SSDI benefits. According to § 404.1572, work may be considered substantial gainful activity if it meets two broad criteria.
First, the work must be mentally or physically significant. This does not mean that the work must be challenging, only substantial. Sitting at a desk all day and working on a computer may meet this criterion if the mental effort is exerted to do the job. Similarly, many physical jobs that do not require significant mental effort might still require great physical effort.
Second, the work must be gainful, meaning it is done for profit or pay. If your job comes with a paycheck, it likely falls squarely within this category. However, profit does not have to be realized for the work to be considered gainful. Even if profit is ultimately not realized, like when a business deal goes wrong, the work involved may still be legally considered gainful.
Reach Out to Our Huntingdon Valley Disability (SSDI) Attorneys Today
Get in touch with our disability lawyers at Young, Marr, Mallis & Associates for a free case assessment by calling our offices at (609) 557-3081.