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Lebanon, PA Social Security Disability (SSDI) Lawyer

If you or a family member has been injured, and working is more difficult than ever, you might consider filing a Social Security Disability Insurance (SSDI) claim. SSDI benefits may help those unable to work because of a physical or mental disability, allowing them to support themselves and remain independent. Filing a claim can be tricky, and getting help from an experienced attorney is best.

To begin your claim, speak to our team about whether you have a qualifying disability. Not all injuries or medical conditions might constitute a disability by legal definitions. Your lawyer can help you determine if you are even eligible for benefits. Generally, an eligible person should have a condition that hinders their ability to work and is expected to persist for at least a year or end in death. Exactly what your benefits might be worth depends on your working history and other factors about your case.

Call Young, Marr, Mallis & Associates at (215) 515-2954 and ask our Social Security disability lawyers for a free case review.

How SSDI Benefits Can Assist You in Lebanon, PA

If you have become sick, injured, or developed a physical or mental condition that prevents you from working, you might be eligible for SSDI benefits. These kinds of benefits are a form of Social Security that is geared toward people who cannot support themselves due to illness or injuries. For many, SSDI benefits are the difference between living independently and forever relying on others for support.

SSDI benefits may be available for anyone who cannot work because of a physical or mental condition or disability, even if that condition is unrelated to your job. You do not have to be injured on the job to be eligible for SSDI benefits. You may become injured or ill in a way completely unrelated to work. For example, people who become severely ill or are injured in an accident might be unable to work, and SSDI benefits can help them.

As detailed below, SSDI benefits are based on your work history and income from before you became disabled. The more money you were earning prior to your disability, the greater your benefits may be. However, SSDI benefits typically only make up for a portion of your income, not the entire thing, and you can speak to our Social Security disability attorneys about how much your benefits could be worth.

Eligibility for SSDI Benefits in Lebanon, PA

Not everyone is eligible for SSDI benefits, even if they have a condition that makes it difficult to work or maintain a job. This is why you must check with an attorney about whether you meet the eligibility criteria for these benefits. If you do, your attorney can get your petition started right away. If you do not, your lawyer can help you investigate other legal options for assistance.

Qualifying Disability

First, to be eligible for SSDI benefits, you need to have a qualifying disability. Remember, the definition of a disability here is a legal definition, not necessarily a medical one. This means that you might have a disability in a medical sense, but if you can continue working, it is not a disability for purposes of determining SSDI benefits.

According to 20 C.F.R. § 404.1505(a), the law defines a disability for SSDI purposes as a condition making you incapable of performing any “substantial gainful activity” due to a medically determinable mental or physical condition or impairment. On top of that, your disability must be expected by your doctor to last continuously for no less than 12 months or terminate in death. In short, SSDI is meant for those with long-term severe conditions. Short-term injuries, no matter how painful or disabling, are unlikely to qualify.

If you are not sure whether your condition meets this definition of a disability, the Social Security Administration maintains a list of qualifying conditions you can check. There is a list of conditions for adults and a separate list for children with disabilities.

Your Ability to Work

Eligibility is also based on whether your disability stops you from working. As said above, your condition should prevent you from performing substantial gainful activity. What exactly does this mean? According to § 404.1572, substantial gainful activity, or simply SGA, includes work that is significant and done for profit.

Subsection (a) of this law states that substantial work activity includes work that takes a significant physical or mental toll. Even if work is performed on a part-time basis, or you have to reduce working hours due to a disability, it may still be considered substantial. According to subsection (b), gainful work is done for profit. If you perform some sort of work and get paid for it, it may be considered substantial gainful activity. Even if the profit is not realized, like if a business deal falls through or inventory is not sold, the work may still be considered gainful.

Special Circumstances

People who do not exactly meet the criteria above might still be eligible for SSDI benefits under special circumstances. For example, even if you have never worked, you might be eligible for benefits through a deceased spouse. Similarly, children who are disabled may receive benefit payments through their parents.

Married people with disabilities often rely on their spouses for support. If your spouse passes away, you risk losing the support you have come to rely on. In such a case, the surviving spouse may receive SSDI benefits through their deceased spouse if they are between the ages of 50 and 60 and have a disability that fits within the definition set by law. Additionally, the disability must have begun before or within 7 years of your spouse’s passing.

Benefits for children with disabilities may also be available even though the child has never held a job or has no work history that might make them eligible for SSDI.

Determining What Your SSDI Benefits in Lebanon, PA Might Be Worth

What your SSDI benefits might be worth and how large your benefit payments are is difficult to say. The value of SSDI benefits varies from person to person as it is based on factors unique to each claimant. Generally, your average income at the time you became disabled is a major factor in determining the value of benefits. The higher your income was, the higher your benefits are likely to be.

Calculating this information can be challenging, especially if you had unsteady or irregular income. For example, independent contractors might have irregular work or busy seasons and lull periods throughout the year. If you believe your benefits should be higher than how the SSA has calculated them, talk to your attorney to see if anything can be done.