Reading, PA Social Security Disability (SSDI) Lawyer
Although it can be unpleasant to think about, you need to be prepared if you are injured and unable to work. If you have a disability that prevents you from earning an income, talk to our team about filing for Social Security Disability Insurance (SSDI) benefits.
SSDI benefits might not be available for everyone. Generally, eligible claimants should have a work history where they paid into Social Security and a qualifying disability. Your disability should prevent you from performing what is known as “substantial gainful activity.” If you are approved for SSDI benefits, you may receive payments for lost income or special situations like family benefits or benefits for disfigurement. Filing for SSDI benefits is not exactly an adversarial process, but having a lawyer on your side is a good idea. Filing a claim can be difficult, and minor mistakes might cost you everything. A lawyer can help you file your claim quickly and correctly.
Get a private assessment of your case for no cost by calling our Social Security disability lawyers at Young, Marr, Mallis & Associates at (215) 515-2954.
How to Qualify for SSDI Benefits in Reading, PA
Not just any injury or medical condition qualifies a person for SSDI benefits. Your condition must be considered a disability within the definition set by 20 C.F.R. § 404.1505(a). A disability is defined as a condition that prevents you from performing substantial gainful activity (SGA) and is expected to last for no less than 12 months or end in death.
Your condition must be so severe that you can no longer perform the work you normally did or any other SGA. The Social Security Administration (SSA) provides an extensive list of conditions that may meet the definition of a disability for SSDI purposes. You might still be eligible for benefits if your condition is not on the list. However, the SSA will evaluate your condition and claims before approving anything.
As said before, your disability must prevent you from performing substantial gainful activity, but what exactly does this mean? SGA is defined under 20 C.F.R. § 404.1510 and elaborated on further under 20 C.F.R. § 404.1572. SGA refers to work that involves significant mental or physical duties performed for profit. This broad definition includes many, if not most, forms of work and employment.
Work activity may be deemed substantial if it requires significant physical or mental activities. Work may be substantial even if performed part-time or you can do the same work as before your injuries but is a reduced capacity for less pay. Work is considered gainful if it is done for some kind of profit. Your work may be gainful even if profit is not realized. Activities such as daily chores, social events, school, therapy, or self-care are not considered substantial gainful activities.
Possible Social Security Disability Insurance Benefits for Claimants in Reading, PA
If approved for SSDI benefits, you may be entitled to payment for numerous areas of your life affected by your disability. Benefits may be available for lost income, surviving families, and special situations such as lost limbs or disfigurement.
SSDI benefits may help you make up for a portion of your lost income. Generally, people may not receive benefits equal to the full value of the income they were earning before they became disabled. Instead, benefits are calculated based on your average income. The more you earn before becoming disabled, the more your benefits may be worth. Remember, these benefits usually account for only a portion of lost income. Many claimants receive somewhere around two-thirds of their average monthly or weekly income. Our Social Security disability lawyers can help you determine what your benefits should be worth based on your personal history.
In some situations, disabled people can file for SSDI benefits through their family members. For example, a spouse may file for SSDI benefits using their deceased spouse’s work history if the surviving spouse is at least 50 but no older than 60 and has a condition that meets the definition of a disability. Similarly, children with disabilities may file for SSDI benefits through their parents.
Special situations may include people who were injured and lost a limb, such as an entire or partial hand, foot, leg, or arm. You may also qualify for special benefits if you experience partial or total vision or hearing loss.
Do I Need a Lawyer to Help Me Apply for SSDI Benefits in Reading, PA?
People often think an attorney’s work takes them into the courtroom. While this is often true, not all attorneys always work in front of a judge. Instead, many attorneys help clients file claims with large, complex governmental entities, such as the SSA. Before filing a claim for SSDI benefits, you should speak to a disability lawyer about how to submit your claim and what kind of information is required.
Your lawyer can help you prove that you have a qualifying disability. The SSA sees many fraudulent claims every year. As such, the SSA tends to be highly skeptical of all claims. If there are gaps in your claim or the information is not as thorough as the SSA would like, they might flag your case and question you more thoroughly about your disability. Your lawyer can help you prove your condition qualifies for SSDI benefits.
Your attorney can also help you understand how much your benefits should be worth. No two claims are alike, and different people may receive benefits worth different amounts. This kind of thing is determined on a case-by-case basis. Getting an idea of what your benefits should be worth can help you make sure you get all the money you are legally entitled to.
Your attorney can also be there to help if things go awry. Maybe the SSA denies your claim, or they mistakenly approve you for benefits that are insufficient. Your attorney can step in and help you appeal a denial or correct errors.
Get Started on Your Case with Our Reading, PA Social Security Disability (SSDI) Lawyer
Get a private assessment of your case for no cost by calling our Social Security disability lawyers at Young, Marr, Mallis & Associates at (215) 515-2954.