Atlantic County, NJ Disability Lawyer
Supplemental Security Income and Social Security Disability Insurance provide assistance to many people who need income but, because of a disability, are not able to work. Although this program is very helpful to many Americans, applying for and obtaining SSDI can be incredibly tedious, lengthy, and confusing. Many applications are initially denied, only to be approved later after the applicant fumbles their way through a bureaucratic maze to try and get the financial aid they need.
If you or someone you care about are applying for SSDI in Atlantic County, our lawyers can help. We have experience helping many clients through the process of applying for and obtaining Social Security Disability Insurance. We are committed to sticking with you through the entire lengthy process.
Reach out to our disability Lawyers from Young, Marr, Mallis & Associates by calling (609) 557-3081 for a free initial consultation.
Types of Disability in Atlantic County, NJ
There are actually two Federal disability programs that disabled people can apply to. These are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These programs are designed for individuals in different situations, so there are different requirements and different benefits for each program. You should speak with our disability lawyers to figure out which federal program is the best fit for your situation.
Social Security Disability Insurance (SSDI) is based on work history rather than financial need. This is essentially the gold standard of disability programs from the Social Security Administration. Workers pay into this program as they work, and it is there if they need it later after becoming disabled.
The requirements to be eligible for SSDI are that you are younger than 65, have a qualifying disability, and have 40 work credits – 20 of which need to have been earned in the last ten years. SSDI applicants must have “total” disability, meaning that the disability limits their ability to do daily activities and either prevents them from working entirely or only allows them to take jobs where the individual does not earn enough to live. Alternatively, a disability expected to eventually result in death also qualifies as a “total” disability.
Whether an SSDI applicant is “totally” disabled is determined by an evaluation of the most difficult task the individual can perform. This usually refers to being able to work for a living or do basic self-care tasks without outside help. Generally, if an applicant can work in any meaningful capacity, they will not be eligible for SSDI.
Supplemental Security Income (SSI), on the other hand, is a federal program that provides income to disabled people based on financial need. This program is designed to cater to people with little to no income or assets. This is also the same program that retirement benefits are paid through, but in this context, it works as a need-based disability program as well.
There are strict income and asset thresholds to be eligible for Supplemental Security Income. For example, if you are an individual, you must have an income of less than $1,913 in gross monthly wages, less than $934 a month in pensions or gifts, and less than $2,000 in resources or assets.
What is a SSDI “Qualifying Disability?”
To be eligible for SSDI, you need to have what is called a “qualifying disability.” Qualifying disabilities are disabilities that are not short-term or partial. There are some general rules for what constitutes a qualifying disability for Social Security Disability Insurance. First, the disability must prevent you from working or doing “substantial gainful activity.” Second, your disability must not allow you to work you used to do or to find new employment. Finally, the disability must be expected to last longer than one year or result in death.
There are exceptions to this rule through something called a “compassionate allowance.” A compassionate allowance is a condition that gets fast-tracked through the SSDI process. Cancers, adult brain disorders, and rare disorders in children all qualify for compassionate allowances under SSDI. Additionally, conditions that are as least as serious as the aforementioned ones but are not on the list for compassionate allowances can still qualify under some circumstances. However, those circumstances will vary from person to person, so you should discuss your particular situation with our lawyers.
Requirements for SSDI Eligibility
Social Security Disability Insurance uses a list of requirements to determine whether applicants qualify for the program. Our lawyers can work with you to demonstrate that you qualify for SSDI and give you the best chance of getting your application approved. That being said, do not be dissuaded if your application is declined on the first try, as that is a common occurrence. We will go over some of the requirements for SSDI below.
Your application will be evaluated to determine whether your work and income are considered “substantial gainful activity.” If your income is above $1,470 a month (or $2,460 a month If you are blind), your application will likely not qualify. However, you might face lower practical income limits under the “trial work period” program that could lead to you losing your benefits if you do work to earn income while receiving SSDI benefits..
Your disability must be “severe” to qualify for SSDI. That means it must limit your ability to work and basic daily tasks and last for more than one year or be likely to result in your death.
List of Approved Medical Conditions
Alternatively, your condition can make you eligible for SSDI if it is on a list of disabilities called the “Listing of Impairments.” Disabilities that meet the medical definition on the list on the list are automatically considered “severe” and eligible for SSDI.
Call Our Atlantic County, NJ Disability Lawyers Today
To start your disability claim process, call our disability lawyers from Young, Marr, Mallis & Associates at (609) 557-3081 to go over your situation.