Your Disability FAQ Resource
Navigating the complexities of Social Security Disability Insurance (SSDI) raises many questions. When you are struggling with a mental condition, fighting a denial of benefits or want to know what it can cost to pursue SSDI, you need answers as soon as possible. Instead of trying to find answers on your own, you can get the information you are looking for from a skilled New Jersey lawyer.
At The Law Offices of Steven Gaechter, our attorney has more than 30 years of experience representing clients throughout Hasbrouck Heights, and he is here to help you through your SSDI needs. Before you meet with our lawyer, you can get the answers to your preliminary questions here.
Seeking SSDI benefits can be an overwhelming process, but gaining insight into common queries can alleviate some of the stress. We have created this page to answer your more urgent questions and get you on track to accomplishing your SSDI goals. Here’s what you need to know.
What Is the Social Security Administration’s new change to work history requirements?
In the middle of 2024, the Social Security Administration (SSA) made some positive changes to the rules surrounding the way that it evaluates an applicant’s prior work history when they apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The major changes include:
- The agency will now only consider the last five years of an applicant’s employment to be past relevant work for disability determinations. In other words, you no longer have to establish that you cannot return to jobs that you held more than five years back.
- Applicants are no longer required to list jobs that lasted less than 30 days when discussing the prior five years of their work activity, easing the burden of remembering brief attempts at employment and eliminating the need to determine if those work attempts were relevant.
The Social Security Administration looks at an applicant’s prior work history to see how their current medical or mental health condition would affect their ability to perform the same or similar work activity today. Since your work history plays a significant role in the disability determination process, this should streamline that aspect of the agency’s decision-making process.
If I expect to recover from my injury or illness, can I still apply for benefits?
Yes. Your condition needs only to have lasted or be expected to last 12 months or longer for you to be eligible for benefits. Even if you expect to recover eventually, you should file now to protect yourself against an uncertain future. If your condition improves, SSDI benefits are structured in such a way that you will have some additional support when you initially return to work. If your condition does not improve as you hope, your benefits will be there.
Can I get SSDI for a mental condition?
Despite what anyone may say, mental health conditions can have a negative impact on all areas of your life, including work, relationships and more. As a result, you can absolutely gain SSDI for disabling conditions like depression, anxiety, PTSD and more. Earning these benefits requires considerable medical documentation, so it is vital to keep a thorough and accurate record of your condition, its progression and treatment.
What happens if my initial application is denied?
If your application for SSDI was denied, that does not mean it is the end of things. You have the right to appeal the denial, and the first step is seeking a reconsideration, which can eventually escalate to a hearing before a judge. The window to file an appeal is limited, so it is important to act fast after receiving your denial.
Do I need a lawyer to get SSD benefits?
There is no legal requirement to have legal representation when applying for SSDI benefits, but that does not mean you should go without an attorney. With the guidance of our attorney, he can minimize the time it takes to navigate the application process while maximizing the chances of an approved application. He can help you with all stages of your application, including evidence gathering, completing paperwork and appeal representation.
How is SSDI different from SSI?
While both benefits are meant to help those in need, SSDI and SSI benefits are different. SSI is meant to be a safety net for disabled citizens with limited resources who cannot qualify for SSDI because of a lack of work credits. SSDI provides income for disabled workers who need additional income.
How much does an SSD attorney cost?
The good news about seeking legal representation for your SSDI application is that attorneys only work on a contingency basis. This means that your lawyer only collects payment if they win your case, and the money they receive comes directly from your SSDI benefits. This way, you do not have to pay for your legal assistance out of your own pocket, giving you more peace of mind in your pursuit of benefits.
Will it cost me to get my medical record from my doctor?
Thanks to recent legislation in New Jersey, medical providers must supply your records for an SSD application at no cost to you. With this legislation, you can be better equipped to pursue the SSDI benefits you deserve, and he can use that information to help bolster your application.
What are dependents’ and survivors’ benefits?
When someone qualifies for SSDI benefits, some of their dependent family members may also be entitled to benefits. Eligible family members may include:
- Your spouse, if they are over 62 years of age
- Your spouse, at any age, if they are caring for your child under 16 or your disabled child
- Your minor children, or a child between the ages of 18 and 19 but still in high school
- A disabled adult child whose disability began prior to age 22
- Certain ex-spouses, if they meet additional requirements
Benefits will continue to your dependents even if you die, but they are subject to what is called a “family maximum,” which limits the dollar amount they will receive each month, no matter the number of beneficiaries entitled through your record.
What does substantial gainful activity (SGA) mean?
Individuals eligible for SSDI benefits must not be able to engage in substantial gainful activity (SGA). SGA is broadly defined as a person’s ability to work at or above a certain income level, as determined by the Social Security Administration. Each year, this limit is typically increased to meet inflation. In 2024, anyone earning wages of $1,550 per month ($2,590 if they are blind) is considered to be performing substantial gainful activity.
What does an administrative law judge (ALJ) do?
An administrative law judge (ALJ) presides over disability appeals at the hearing level. The ALJ examines the evidence in a case, questions the applicant and takes information from expert witnesses. Once all of the information is presented, the ALJ has the power to grant or deny SSDI benefits.
Get The Help You Deserve Today
If you have more questions about SSDI benefits or how we can help you, contact The Law Offices of Steven Gaechter today at 201-546-5758 or email our attorney to schedule your initial consultation today. The sooner you meet with out lawyer, the sooner he can begin helping you.
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