New Jersey Social Security Disability Attorney

When someone applies for Social Security Disability benefits, the Social Security Administration will determine if the individual qualifies, taking a number of factors into consideration. The Social Security Administration considers the following:

• Available programs: Factors like the length of time worked or income and assets available determine whether an individual is eligible for Social Security Disability, Supplemental Security Income or both.
• Work history: The duration of work test is the general basis the SSA uses to determine if an individual is eligible to apply for Social Security Disability Insurance. This test requires an individual to have worked approximately five of the last ten years. Individuals who have never worked may be eligible for Supplemental Security Income.
• Assets available: Supplemental Security Income is a “means-based” program, meaning the Social Security Administration will evaluate an individual’s financial resources to determine if an individual qualifies for SSI benefits.
• Evaluation of work activities: If you are applying for SSDI or SSI benefits, you must not be able to perform “substantial gainful activity” (work). This includes performing your old job and not being able to adapt to a new job. For example, if you hurt your leg, but can still perform a job that allows you to sit during the day, your application may be denied.
• Medical condition: The Disability Determination Services office will determine if your disability is enough to keep you from performing work duties and if it warrants benefits.

If your Social Security Disability claim was denied, don’t give up hope. You have the right to appeal a denial from the SSA. Our New Jersey SSD lawyers at Levinson Axelrod, P.A. can help you do that.

What Information Does Applying for Social Security Disability Require?

This can include:

• Your birth certificate
• Social Security Number
• Proof of citizenship or lawful status
• Work history
• Contact information for treating medical professionals
• A list of the medication that you currently take

Qualifying for Supplemental Security Income

Supplemental Security Income is designed for individuals who are over the age of 65, blind, or disabled, and have low income and few resources. Your income is one of the deciding factors regarding your application for SSI. This includes wages, Social Security disability benefits, pensions, and assets such as shelter or food. Resources are the other factor. This includes bank accounts, real estate, stock, bonds, and cash.

Individuals living in a rest home, halfway home, or in prison or jail may not qualify to receive SSI.

Applications for either Social Security Disability Insurance or Supplemental Security Income may be appealed if the initial application is denied. This is where a lawyer becomes critical to your case. At Levinson Axelrod, P.A., our team helps clients navigate initial applications and appeals if necessary.

Types of Jobs That May Not Be Covered By SSD

Unfortunately, not all individuals are eligible to apply for Social Security disability benefits due to the types of jobs they have. Some employees work in certain situations that don’t qualify under the requirements set forth by the Social Security Administration.

Jobs not covered by Social Security may include, but are not limited to the following:

• State government workers
• Local government workers
• Federal employees
• Railroad employees
• Family business employees under the age of 21

There are some circumstances in which these jobs may be affected, so discussing your case with a lawyer may be beneficial. For example, some local and state governments make the decision to opt out of Social Security coverage and their employees would not qualify. If you know that you do not qualify for Social Security benefits because of your occupation, you shouldn’t begin the application process.

Call Levinson Axelrod, P.A. today at (732) 440-3089 for your free consultation.