Erie residents have earned a reputation over the decades for hard work. From the city’s historical manufacturing and steel production facilities to today’s growing healthcare and technology industries, people in Erie continually demonstrate their dedication to working. Unfortunately, people can develop health conditions whose symptoms can limit their ability to work.
When a medical condition renders you unable to work, you may qualify for financial benefits from the Social Security Administration’s disability programs. Contact Fessenden Laumer & DeAngelo, PLLC, for a free initial case evaluation with an SSD attorney to learn more about the disability benefits programs and discuss whether you may qualify for financial assistance that can help you with your living expenses when you cannot work due to a prolonged or permanent medical condition.
The Social Security Administration operates two disability benefits programs – Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Each program serves a different category of individuals with disabilities. SSDI offers disability benefits to workers who must leave the workforce after an injury or medical condition imposes limitations on an individual’s working capacity. SSI provides benefits to individuals with low or no income and assets who develop a qualifying disability.
Qualifying criteria for SSD benefits vary between the two programs. An applicant for SSDI must have a sufficient work history. The Social Security Administration measures a person’s work history by the number of work credits they have earned in their career. A person receives a work credit when they earn a certain threshold of income subject to payroll or self-employment tax. An applicant needs a certain number of total work credits and recent work credits, with the required number based on the applicant’s age at the onset of their disability. Younger workers require fewer credits than older workers.
SSI imposes asset and income thresholds to qualify for disability benefits. An applicant must earn countable income below the monthly threshold, which the Social Security Administration updates annually in response to inflation. Applicants also must own countable assets below the threshold of $2,000 for individuals or $3,000 for a married couple. However, Social Security rules exclude certain assets, including a primary residence, a household vehicle, and various personal and household items.
Both SSDI and SSI require Erie applicants to have a qualifying disability. The Social Security Administration considers a person “disabled” when they have a severe medically determinable (diagnosed) condition that has lasted for at least 12 months or that doctors expect to last for at least 12 months or result in death. The condition also must prevent the person from engaging in “substantial gainful activity,” which the Social Security Administration defines as earning more than a certain amount of monthly income from work or working a certain amount on a business that the person owns.
A person can apply for Social Security disability benefits online at the Social Security Administration’s website or by calling the Administration to schedule an appointment to complete the application over the phone or in person at a local office. When the Social Security Administration receives an application, it will review the information to determine whether an applicant meets the work history or financial eligibility criteria for SSDI or SSI.
The Administration will then forward the application to a state Disability Determination Service office to decide whether an applicant has a qualifying disability. The state office uses a five-step test to identify a qualifying disability:
During the application process, the state office and Social Security Administration may ask an applicant for additional information to supplement their application or request that they attend a consultative exam to obtain updated medical information.
After reviewing the application, the Social Security Administration will send the applicant a notice approving their disability benefits claim or denying the claim and providing the reason(s) for the denial. An SSDI applicant usually must wait until the sixth month following the onset of their disability to begin receiving benefits, unless they have an exempted condition (e.g., amyotrophic lateral sclerosis/Lou Gehrig’s disease).
The Social Security Administration denies the majority of initial SSD claims it receives. However, applicants who receive denial notices should not give up hope that they can obtain disability benefits. Applicants with denied claims can pursue the administrative appeals process to challenge the Social Security Administration’s decision.
The appeals process involves several stages, with applicants allowed to continue to the next stage if a prior stage upholds the denial of their application. Applicants must request each stage of review within the applicable deadline. Otherwise, they may lose their right to seek further appeal. The stages in the appeals process for SSD claims include:
After exhausting the administrative appeals process, an applicant can seek further review of their claim by filing a lawsuit in federal court. Because the appeals process can involve complex procedures and strict deadlines, you can give yourself a better chance of success by seeking experienced legal counsel to advocate on your behalf.
Securing disability benefits from the Social Security Administration can help you make ends meet when a severe medical or mental health condition leaves you unable to work. Having experienced legal counsel in your corner can give you the best chance of success in pursuing a benefits claim. Turn to a Social Security disability lawyer from Fessenden Laumer & DeAngelo, PLLC, to help you pursue financial benefits from SSDI or SSI because:
If you’re no longer able to work at your job in Erie, you may qualify for critical financial benefits from the Social Security Administration’s disability benefits programs. Contact Fessenden Laumer & DeAngelo, PLLC, today for a free, no-obligation consultation with an SSD lawyer to learn more about the process of applying for disability benefits.
