Philadelphia Social Security Disability Lawyers
Social Security Disability
The Social Security Administration (SSA) administers two disability programs for individuals who are disabled: Social Security Disability (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance (SSDI)
If an individual is disabled due to an illness or medical condition that prevents him or her from performing most jobs in the work force, he or she may be able to receive Social Security Disability Benefits (SSDI). SSDI benefits are potentially available for individuals who have a work history and who have paid taxes for a number of years. The guidelines for judging disability under the Social Security Act is based on the person’s age, education, work background and physical or mental disability.
Consideration is given to all medical impairments. Furthermore, the individual must establish that he or she has been unable to work for at least twelve (12) months due to the illness or medical condition, or that he or she is expected to be out of work for these reasons for the next twelve (12) months.
Supplemental Security Income (SSI)
To be eligible to receive Supplemental Security Income (SSI), an adult individual must be found unable to work just as with SSDI, but eligibility is not based upon having worked and paid taxes into the Social Security system. Instead, the individual must meet certain financial and residency eligibility requirements.
Definition of Disability, Application, Appeal and Hearing Process
The federal government defines and regulates the meaning of disability. The Social Security Administration has defined the term “disability” as the: “inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of no less than twelve months,” or blindness.
The analysis under Social Security Disability Law is quite complex. A disabled individual should consult a Galfand Berger attorney so that we can submit his or her Social Security/ SSI application. Once an application is submitted, the Social Security Administration will then gather medical information related to the individual’s problems. The disabled individual will receive notice from the Social Security Administration whether his or her claim has been accepted or denied.
If an individual has been denied benefits, he or she has sixty (60) days to file an Appeal and Request a Hearing before an Administrative Law Judge. It is important that any such appeal be made after consulting with a Galfand Berger lawyer in order to include relevant and important documentation as the basis for your appeal.
Eventually, the disabled individual will have a hearing before a Social Security Judge at which time he or she will testify. The individual has the right to have an attorney represent him or her at this hearing to present the testimony and cross examine the vocational expert who in all probability will be present at the hearing.
The payment of SSDI is based on the individual’s past wages/ income. Remember, the fact that a person cannot do his or her regular work at the time of the injury job does not in and of itself qualify him or her for benefits. The disabled individual must be able to show he or she is unable to do other types of work. However, the extent of the disability may vary depending on the individual’s age.
Contact One of Our Experienced Social Security Disability Attorneys
If you or a loved one needs to file a social security disability claim, we are happy to answer your questions and have one of our Philadelphia social security disability lawyers review your case for free. Please call us at 1-800-222-USWA (8792) or complete our short contact form and a member of our firm will contact you.
With offices in Philadelphia, Lancaster, Bethlehem and Reading, we serve clients throughout Pennsylvania and New Jersey. And, remember, there is no fee unless we recover for you.