Fortunately for many, applying for and receiving SSDI benefits can drastically improve their quality of life. Over the years, The Law Offices of Sheryl Gandel Mazur has helped countless clients attain the Social Security benefits they need, and we’re prepared to assist you as well. Contact a New Jersey SSDI benefits lawyer from our firm today to learn more about the legal services we provide, the types of benefits you may be eligible for, and how we can help you get them.
SSDI Benefits Lawyer | Determined To Help Clients in New Jersey Access Essential Benefits
Social Security covers a wide range of benefits for individuals who need financial assistance. However, Social Security is a highly complex area of law, and many individuals in New Jersey do not know if they qualify for these benefits.
At The Law Offices of Sheryl Gandel Mazur, our mission is to help you determine whether you are eligible to receive benefits – and to help you access them. Our experienced New Jersey SSDI attorney can work with you directly, whether you are applying for benefits or solving a benefits-related problem.
How We Can Help You With Your Benefits
Our firm can assist you with matters involving government benefits, including:
- Applying for Social Security Disability Insurance (SSDI) benefits if you have a disability or if your adult child is disabled
- Appealing denied claims
- Determining how disability insurance or multiple types of government-provided benefits may affect your finances
- Evaluating how Social Security benefits may change if you return to work
The amount and type of benefits for which you may be eligible depend on several factors. For example, your earnings history would impact your SSDI claim. We can help you position your application or appeal in the best way possible for your case.
Disability Benefits in New Jersey
The most common non-retirement benefits administered by the SSA are disability benefits. This type of benefit provides financial assistance to people who are unable to work because of a medical condition. There are two types of disability benefits: Supplemental Security Income (SSI) and Old-Age, Survivors Disability Insurance (SSDI).
SSI is an income supplement that pays cash to assist adults and children in obtaining the basic needs of food, clothing and shelter. To be eligible for the program, applicants must have limited income and resources and be age 65 or older, blind or disabled. In order for an adult or child to be considered disabled, he or she must have a physical or mental impairment which:
- Prevents the applicant from engaging in any substantial gainful work; and
- Can be expected to result in death; or
- Has lasted or can be expected to last for at least 12 months
SSI payments are paid every month and are subject to a maximum federal benefit rate, which is currently $698 for an individual and $1,048 for a couple. Each State may supplement the maximum SSI rate.
The SSDI program pays benefits to people who cannot work because they have a mental or physical condition. However, unlike SSI benefits, the amount of benefits paid under SSDI is based on the applicant’s earnings history and has a much higher maximum than SSI.
To qualify for SSDI benefits, the applicant must pass a “recent work” test and “duration of work” test. In essence, the applicant must have worked for a certain period before the disability and must have worked a minimum number of years during his or her adult life. In addition, the applicant must undergo a rigorous process to determine if he or she is disabled under the SSA’s rigid standards.
In addition to the applicant, SSDI benefits are available to other members of the family including:
- Spouses who are 62 years or older, disabled, or caring for a child who is younger than 16. Spouses and ex-spouses may also be entitled to survivor’s benefits.
- Disabled children (including adopted children)
Disabled Adult Child Benefits
In order for a disabled adult child to qualify for SSA disability benefits on a parent’s account:
- An individual must have a deceased, retired or disabled parent
- Prove a disability onset prior to age 22
- Not be married
- Not have engaged in SGA (substantial gainful work activity) as defined in the Regulations in any year after reaching age 22
For more information on a disabled adult child’s claim, give us a call.
Overpayments
Most overpayments in Title II disability cases are caused by the individual returning to work. If an individual plans to return to work, the individual could send Social Security a certified letter of the return to work each and every month. I would recommend that the individual set up an appointment with the local Social Security office prior to returning to work.
We advise clients about reporting work activity in writing as soon as they are awarded benefits. However, not everyone heeds our advice.
If there is an overpayment charged by Social Security, you should file an appeal within thirty days on a form entitled “Request for Reconsideration”. By filing within thirty days, you may stop the immediate recoupment actions. You should also file a “Waiver of Overpayment” if you are without fault in causing the overpayment and cannot afford to pay the benefits back.
Overpayments may be negotiated down but under no circumstances should benefits be totally withheld for repayment so an individual is unable to eat or pay rent.
If you receive an overpayment notice, set up an appointment with your Social Security office immediately and start your appeal.
You Do Not Have To Navigate Benefits Issues Alone | Speak With an SSDI Benefits Lawyer
Working to get benefits on your own can be risky. Small mistakes in the documents or the process could prevent you from getting the support you need. Contact The Law Offices of Sheryl Gandel Mazur to maximize your chances of success. You can also email us to schedule a consultation. We are based in Newark, but advise clients throughout New Jersey.
