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Disability

Filing for disability in Pennsylvania or New Jersey is incredibly important for many people, but the process is not always easy.  For many, the physical and mental limitations of a disability make it impossible to work, and the disability benefits provided by the Social Security Administration (SSA) are essential.  However, that does not mean that the process is simple, and many people with disabilities might be unable to file the paperwork for themselves or be able to handle the legal issues surrounding appeals and requests for reconsideration.  At Young, Marr & Associates, our Pennsylvania and New Jersey disability lawyers fight for people with disabilities and work to get them the benefits they need.

SSDI vs. SSI in Pennsylvania and New Jersey

For most applicants, the first issue to decide in your disability case will be choosing what program to apply to.  Social Security Disability Insurance (SSDI) is available to workers who have a history of working and paying Social Security taxes, but who have developed a physical or mental health condition that makes it impossible to continue working.  This program is also available to spouses, former spouses, and children to apply on their family member’s record.  Supplemental Security Income (SSI) is a need-based alternative that people can apply to if they do not have a work history.

SSDI is usually the ideal program to apply for, as it covers more back benefits and retroactive benefits.  However, SSDI also uses a 5-month waiting period where you cannot get benefits, so many applicants will also apply to SSI to supplement their benefits.  Talk to a lawyer about choosing the right program to apply to and for more information about how you can apply on a spouse’s or parent’s record.

What Disabilities Does Social Security Disability Cover?

Disabled Pennsylvanians and New Jerseyans can apply for disability coverage from the SSA with a ride range of disabilities.  The SSA recognizes over 100 disabilities.  These range from neurological disorders like cerebral palsy and multiple sclerosis to physical injuries like severe burns and spinal fractures.  These disabilities also include things like cancer, heart failure, and liver disease as well as mental health disorders like schizophrenia, depression, autism, and PTSD.

In many cases, a disability must meet medical criteria that are more stringent than the general medical definition required for a diagnosis.  For instance, someone with cancer might have a clear medical diagnosis, but if their condition is not severe enough to impede their ability to work and care for themselves, disability benefits might not be appropriate at this time.  That is the SSA’s main factor in approving a condition for disability benefits: severity.  Most cases will hinge on this factor, and your attorneys can help provide evidence to prove the case is severe enough to warrant benefits.

Applying for Disability and Appealing Denials in PA and NJ

The process of applying for disability in Pennsylvania or New Jersey can be taxing, especially if you have a disability that makes it difficult to concentrate or to physically fill out paperwork.  Our attorneys can walk you through the process of what medical information you will need, what paperwork will need to be filled out, and what we can do to help.  Working with an attorney also increases the chance that your application will be accepted on the first try.

If the SSA cannot confirm your disability or does not see evidence of a severe disability, they might deny your claim.  Our experienced disability lawyers can work to file for reconsideration to have your claim accepted or appeal the claim to a hearing before an administrative law judge, the SSA’s Appeals Council, or even a federal court.  Talk to a lawyer about your case today to get help appealing your disability denial.

Long-Term Disability and Insurance Disputes

While Social Security Disability is available to most people with severe disabilities, you might also have disability benefits through your job.  If you do, long-term disability benefits might be available to cover you above and beyond what SSDI or SSI could cover.  However, getting these benefits is often difficult, as insurance companies are often unwilling to pay what they are supposed to.  Our Pennsylvania and New Jersey disability lawyers also represent disabled people in these claims and fight to help get them the benefits they are entitled to.