Wilkes-Barre Social Security Disability (SSDI) Lawyer

Injuries and disabilities that prevent people from working are far more common than many of us realize. If you cannot work due to a disability, talk to our legal team about Social Security disability benefits.

Disability benefits may be provided for people who are injured or otherwise have a medical condition that prevents them from working. These benefits may be available for people with a history of working and paying into Social Security. Their benefits may be based on their income during their working years. To receive these benefits, we must establish that you have are disabled as defined by the government. A disability should be severe enough to hinder you from performing substantial gainful activity (SGA). Filing your claim is rarely easy, and the government may conduct a thorough evaluation before approving or denying your claims.

If you cannot work because you are disabled, contact our Social Security disability attorneys at Young, Marr, Mallis & Associates by calling (215) 515-2954 to get a free initial case review.

What is Social Security Disability and How Can it Help You in Wilkes-Barre?

The Social Security Administration (SSA) provides numerous programs and services to people experiencing varying forms of disability. To qualify for SSDI benefits, you must show that you are disabled and have a history of working and paying into Social Security. If you cannot work due to a disability but have never had a job before, you might have to look elsewhere for assistance or possibly try to qualify for SSDI through a parent or spouse.

Generally, if you are approved for SSDI benefits, they may continue for as long as you are disabled and cannot work. If you eventually recover and can return to work or work in a different job, your benefits may be terminated.

Whether someone has a sufficient work history is determined by the number of work credits they have. It is possible to earn up to 4 credits per year. In 2024, a work credit is earned when you earn $1,730 in income or wages. You have earned 4 work credits after earning $6,920 in wages.

The exact number of work credits you need varies depending on your age. The older you are, the more credits you likely need. Generally, people need about 40 work credits, and 20 of those credits must have been earned in the last 10 years. Younger people might need fewer credits. Our Social Security disability lawyers can go over your income and work history to determine whether you have enough credits for SSDI benefits.

Eligibility Criteria for SSDI in Wilkes-Barre

Perhaps the two biggest criteria for receiving SSDI benefits are having a disability and being unable to perform substantial gainful activity. If we cannot prove one or both of these criteria, we might need to explore other options for assistance.

Definition of a Disability

A disability is defined under 20 C.F.R. § 404.1505(a). According to this law, a disability is an inability to perform work that constitutes SGA because of a medical or mental impairment or condition. The condition must be expected to last for at least 12 months or end in death. Keep in mind that this definition is a legal one, not a medical one. People considered medically disabled might not necessarily automatically meet this legal definition.

To determine if your mental or physical condition is considered a disability by the government, we can check it against the listing of impairments for adults and children. These lists are very long and include a whole host of mental and physical conditions, illnesses, and impairments that might prevent you from working. If your condition is not on these lists, we might still convince the government that your condition meets the definition of a disability.

Substantial Gainful Activity

The next big question we must answer is whether your disability prevents you from performing SGA.

According to § 404.1571, you must be unable to perform SGA to qualify for SSDDI benefits. If the SSA finds that you can perform substantial gainful activity or have been performing such activity, you will not be considered disabled for purposes of receiving SSDI benefits.

How SGA is defined is explained under § 404.1572. SGA may include work activities that require significant mental or physical effort. The work may be substantial even if it is not full-time. The work may be gainful as long as it is done for profit, even if profit is never realized. Generally, activities that might appear to be substantial and gainful, including school, social outings, hobbies, and household choirs, are not considered SGA.

How the Government May Evaluate Your Claims for SSDI Benefits in Wilkes-Barre

According to 20 C.F.R. § 404.1520(4), the government employs a five-step evaluation process when deciding whether to approve or deny SSDI benefits.

In the first step, the government will consider your ability to work. If you are currently able to perform any work that may be considered SGA, the government will likely find you are not disabled.

In the second step, the government evaluates your disability, including the medical severity of your impairments. Conditions that are not severe enough to meet the 12-month duration requirement or will not result in death might lead to the government finding that you are not disabled.

In step three, the severity of your impairment is considered again if the government determines in step 2 that you have a severe impairment. If your disability is included in the listings of impairments mentioned earlier, you may be considered disabled.

In step four, your residual functional capacity may be examined. This includes reviewing the work you were performing when you became disabled and past relevant work. If you can still work, you might not be considered disabled.

Finally, at step five, the government again considers your capacity to work. If you can continue working and performing SGA with adjustments to your work or by finding new work, you might not be approved for benefits.

Talk to Our Wilkes-Bare Disability Attorneys for Help Filing for SSDI Benefits

If you cannot work because you are disabled, contact our Social Security disability lawyers at Young, Marr, Mallis & Associates by calling (215) 515-2954 to get a free initial case review.