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Lansdale, PA Social Security Disability (SSDI) Lawyer

An injury might be all that separates some people from financial ruin. If you are injured and unable to work, talk to an attorney about filing for Social Security Disability Insurance (SSDI) benefits.

If your medical condition meets the criteria for a disability as defined by the Social Security Administration (SSA), and you are unable to work, you might qualify for SSDI benefits. Eligible people typically need a history of working and paying into social security. The government may evaluate your claim and determine whether your disability makes you eligible for benefits. We must present sufficient evidence to support your claim, including medical records and details about your accident. If you wish to return to work after being approved for SSDI benefits, you can do so during a trial work period. Be careful about trying to work while receiving SSDI benefits without talking to an attorney first. You might put your benefits in jeopardy.

Get a free evaluation of your case when you call our Social Security disability lawyers at Young, Marr, Mallis & Associates at (215) 701-6519.

Disabled People Eligible for SSDI Benefits in Lansdale, PA

A person must meet certain eligibility criteria to claim SSDI benefits. Not only must your condition meet the legal definition of a disability, but your condition must also prevent you from performing substantial gainful activity.

What is a Disability?

To receive SSDI benefits, you must have a physical or medical condition that is considered a disability within the definition set by law. According to 20 C.F.R. § 404.1505(a), a disability is a condition that prevents a person from doing any substantial gainful activity. A disability must last for at least 12 months or be expected to result in death. Generally, temporary or short-term disabilities are insufficient to qualify someone for SSDI benefits.

For example, suppose a person is paralyzed in a car accident and cannot work. In that case, they may qualify for benefits because their condition prevents them from performing substantial gainful activity and is expected to last more than 12 months. Paralysis is often permanent and expected to last indefinitely.

Alternatively, suppose someone is diagnosed with terminal cancer and cannot work because their condition and treatments make them too ill to return to their job. In that case, they may also qualify for SSDI benefits because a terminal illness is expected to end in death, even if it does not last 12 months. Injuries like broken bones or short-term illnesses do not qualify because they often resolve in less than 12 months. Our Social Security disability lawyers can help you prove that your condition meets the legal criteria set for disabilities.

Substantial Gainful Activity

This begs the question, what is substantial gainful activity? According to 20 C.F.R. § 404.1510, substantial gainful activity includes work that involves significant and productive mental or physical duties and is performed for payment or profits.

The concept of substantial gainful activity is elaborated on under 20 C.F.R. § 404.1572. Subsection A of this law states that substantial gainful activity may be done part-time or full-time. Even if you can still work after an injury but in a more limited capacity where you are paid less, it might still be considered substantial.

According to subsection B, gainful activity must be for pay or profit. The work may still be considered gainful even if profit is not realized.

Finally, under subsection C, activities outside of work, like daily household chores or social activities, are not considered substantial gainful activity, even if the effort is significant.

How the Government Evaluates Your SSDI Claim in Lansdale, PA

The best way to prepare your case is to talk to an attorney about how the government evaluates SSDI claims. According to 20 C.F.R. § 404.1520(4), the government uses a five-step evaluation process when reviewing SSDI claims.

First, the government will consider your work activity. If you are currently doing anything considered substantial gainful activity, you will not be deemed disabled, and your claim may be denied.

Second, the government considers the severity of your medical condition. If your condition is not on the approved list, you might not be approved for SSDI benefits.

Third, the severity of your condition is considered again. If your condition is contained in the list mentioned above, it must be serious enough to be considered a disability. This means meeting the duration requirements and your inability to perform substantially gainful activity.

Fourth, the government considers your functional capacity. If it appears that you can still do some substantial gainful activity, your claim might be denied. We must show how you cannot work at all, not just in a diminished capacity.

Fifth and finally, the government will evaluate your residual capacity to work. Even if you are completely unable to do the job you were doing previously, can you do other work? While switching career fields can be difficult, if it is possible in your case, you might not be approved for SSDI benefits. Your skills, training, education, and work experience may come into play here.

What to Do if You Want to Return to Work After Being Approved for SSDI Benefits in Lansdale, PA

Many people who receive SSDI benefits do not want to do so forever. Many plan to someday return to the workforce when they are ready. However, it might be challenging to know exactly when you are ready and capable of working again. Talk to your attorney about a trial work period.

A trial work period may last for up to 9 months, and these months do not need to be consecutive. In 2024, any month in which you earn at least $1,110 before taxes counts toward your trial work period. You may work and earn money during this period while still receiving your full SSDI benefits.

After the trial work period ends, you may enter a 36-month extended period of eligibility where you can continue working while receiving SSDI benefits. In 2024, you may earn no more than $1,150 per month or $2,590 if you receive disability benefits related to blindness. If you exceed this limit in any month during this period, you may not receive SSDI benefits for that month. If you continue earning money over this limit after this period is over, your SSDI benefits may be terminated.