Reading, PA Disability (SSDI) Lawyers

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 215-639-5297.

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.

Timeline of a Social Security Disability Claim in Reading, PA

Most Social Security disability claims follow similar timelines. They start with preparation and, when successful, end with a favorable decision from the Social Security Administration. All told, the entire process could take upwards of a year to complete, so you should initiate your claim immediately if you need disability benefits in Reading.

Preparation

Disability claims start with a preparation stage, during which our lawyers will confirm your eligibility and gather the necessary information for your application. To see if you qualify for SSDI, we will review your earning record to date. We will also compare your diagnosed injury, disability, or illness with the Social Security Administration’s listing of impairments.

The SSA requires considerable medical information from SSDI claimants in Reading. Our Social Security disability lawyers can help you organize and prepare medical records confirming your condition before submitting your claim.

Claimants in Reading may have to prepare certain documents for their applications, including a birth certificate, proof of U.S. citizenship, and W-2 or self-employment tax returns from the past year.

You will also need to prepare some personal information for your application, including your Social Security number, spouse’s information, dependents’ information, and employer’s information, among other details. If you are applying for SSDI through a parent’s earning record, we will need their information as well.

Preparing all this information before going to complete your SSDI application will be important to ensure its accuracy. Because we need to compile a considerable amount of information for your SSDI application, this part of the process could take several weeks in and of itself.

Submission

After our lawyers prepare your SSDI application and any supplemental materials the SSA could need, we can help you submit it. There are three ways to do this: online through the SSA’s secure website, over the phone with the SSA, or in person at a local SSA office. Since you will have the necessary information on hand to complete your application, this process should be relatively quick.

Review

Once the SSA gets your application, it will start its review process. Because of the sheer amount of applications the SSA receives regularly, it could be several weeks or months before you hear from the SSA about your claim. When reviewing your application, the SSA could require an interview.

During an interview, an SSA agent might ask you more questions about your disability or work history. Our attorneys can prepare you for the most common questions the SSA asks during claimant interviews so that you know what to expect.

Reviews can take several months alone. To hasten this process, our lawyers can submit accurate and thorough applications to the SSA so that it does not have to request additional information from you when reviewing your claim. If you have not heard anything about your claim since applying, our lawyers can contact the SSA to inquire about its status.

Decision

The SSA should make a decision on your claim within three to five months of getting your SSDI application. After the SSA approves your claim, you may have to go through a five-month waiting period. If you get through this waiting period and are still eligible for disability benefits, you will get your first check the following month. Certain conditions, like ALS, are exempt from this otherwise mandatory waiting period following a decision from the SSA.

The SSA decides benefit amounts based on each claimant’s specific work history. For 2024, the maximum monthly SSDI benefit is $3,822, though this amount is not guaranteed for all claimants in Reading.

Appeal

If your application is incomplete or contains errors, the Social Security Administration might deny it. If that happens, our lawyers will have 60 days to initiate an appeal. There are four parts to the appeals process, starting with a reconsideration from the SSA. During the reconsideration period, our lawyers can submit additional information confirming your medical condition and eligibility for benefits. The SSA may require another interview with you to explain its reasons for denying your claim and give you an opportunity to explain your eligibility.

If the SSA affirms its initial decision to reject your claim, we can appeal it again to an administrative law judge. During the hearing, the administrative law judge might ask you questions about your medical condition and allow you to present additional evidence of your eligibility, such as testimony from medical experts. The Social Security Administration’s Appeals Council can overturn an administrative law judge’s decision. The final chance to appeal a denied SSDI claim is in federal court. You will have 60 days from the last denial to pursue your next appeal in Reading.

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 215-639-5297.