Skip to Content
Top
Social Security Disability

Qualifications for Social Security Disability

Types of Social Security Benefits

Two of the largest government programs for those too disabled to work are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), both administered by the Social Security Administration (SSA). Only those who meet medical criteria and whose disability is severe enough may qualify for benefits under these programs.

SSDI pays benefits to you and certain members of your family if you are “insured” (you worked long enough and paid Social Security taxes). SSI pays benefits based on financial need and may cover those who are not “insured” (because they haven’t worked long enough and/or haven’t paid enough taxes, which can include those paid in cash “under the table” and children).

Application Process

As part of applying for benefits for either program, medical information and records need to be collected and organized so SSA can make a determination of whether or not you meet Social Security’s definition of disability. SSA has a Benefits Eligibility Screening Tool to help you find out which programs you may qualify for, if any.

In New Jersey, most Social Security disability claims are initially processed through the New Jersey’s Department of Labor and Workforce Development. Representatives take benefit applications in person, by telephone, by mail or online. The claimant (the person filing the application) is asked for information about impairments, where treatment has been received and other details relevant to the disability.

Normally, evidence of the disability is sought from the claimant’s own healthcare professionals in order to make a decision, but there might also be an independent consultative examination (CE) to obtain additional information. After collection of the evidence, staff makes the initial disability determination.

If the decision is in favor of benefits, the SSA computes the benefit amount and pays benefits. If the claimant was found not qualified for benefits, the file remains in the field office to be used in a possible appeal. The first level of appeals is within SSA, but further appeals can go through the federal court system.

Disability Determination

The consideration of whether you are disabled and qualify for benefits is a multi-step analysis.

  1. Are you working?

If you are working and you make more than $1,130 a month, you generally won’t be considered disabled. If you are not working, you should complete an application for benefits.

  1. Is your condition severe?

Does your condition interfere with basic work-related activities? If not, you are not disabled. If so…

  1. Is your condition on SSA’s list of disabling conditions?

SSA has a list of medical conditions for each major body system. These conditions are so severe that if you are diagnosed with one you are automatically considered disabled. If your condition is not on the list, a determination must be made as to whether it is equally as severe as one that is listed. If so, SSA should find that you are disabled. If it is not on the list or found to be equal to one on the list, the next step is taken.

  1. Can you do the work you did previously?

If your condition is severe but not at the same or an equal level as a listed condition, SSA determines whether or not it interferes with your ability to do the work you did previously. If not, your claim will be denied. If it does, the next step is taken.

  1. Can you do any other type of work?

If you cannot do the work you did in the past, SSA needs to decide whether you can adjust to other work considering your medical conditions, age, education, past work experience and skills that could transfer to another line of work. If SSA determines you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

SSA has a number of publications that may help you understand benefits, how determinations are made and different programs they have available.

Client Testimonials

Read What Clients Have to Say About Our Firm
    "They went out of their way to keep me informed"
    I would like to take this opportunity to thank The Law Offices of DeZao & DeZao for helping me with my legal needs. Especially attorney Margaret Meade and Valentina Failla, Paralegal/Case Manager. They were both instrumental in getting my matter resolved. They went out of their way to keep me informed and on top of al my legal needs. They both truly made this a wonderful experience.
    Jerry D.
    "I can't say enough about this Office!"
    I can't say enough about this office. It is absolutely amazing. They were quick, efficient and took care of all of my needs, and explained every detail as I went through this process. Yessica was absolutely amazing! She was professional and helpful. I'm so glad I chose this office!
    Crystal P.
    "This firm made me feel at ease"
    I had a motor vehicle accident and this firm has been so patient with me throughout the 3 years of my case. Valentina and Rachel have really been a lot of help. They talked me through everything and helped me understand what was going on. I've had accidents before but nothing like this. My car was totaled. It was scary and DeZao & DeZao made made me feel at ease. They always got back to me. I am very satisfied with the outcome of my case and the services this office gave me. Also I LOVE their pens!
    Carol R.
    "My Experience was amazing!"
    My experience with the DeZao & DeZao was amazing! They were very professional, polite, supportive and respectful. My case manager Megan, was a huge help to my family and I. I was a pedestrian who was hit by a car and throughout the process, DeZao & DeZao were with me. My best friend referred me to this law office ,and I would recommend anyone to them at any time. I truly thank and appreciate the experience with them. I would never second guess them at all!
    Whitney I.
    "Yessica was exceptional in handling my legal matter"
    Yessica was exceptional in handling my legal matter. She handled every aspect of my case with meticulous attention to detail, ensuring that all necessary documents were prepared accurately and on time. DeZao & DeZao was always one step ahead, anticipating potential issues and addressing them proactively. Their knowledge of the legal process was evident in every interaction, and they were always ready to answer my questions, no matter how complex.
    Jose T.
    "I highly recommend this team to anyone in need of legal advice"
    I will highly recommend this team to anyone who's in need of legal advice Ms.Megan, You rock! Thanks for making m feel so comfortable and listening to all my concerns. Thank you so much to everyone who participated in helping resolve my case. Much love!
    Elzafir B.
    "I highly recommend this firm 100%!"
    I was thoroughly impressed and happy with the service I received and couldn't have asked for better treatment, From day one, I felt very happy with my decision to go with DeZao & DeZao. They were very transparent with all aspects of my case and kept me fully updated on matters concerning my case. I highly recommend this firm 100%. All associates are top of the line. On particular associate, Valentina Failla, goes above and beyond the call of duty. You won't be disappointed with this team/family/firm.
    Eddie M.
    "She's an excellent negotiator!"
    Veronica Melo was very attentive during my time with her. She is an excellent negotiator for clients to have valuable gains for injuries sustained. I can personally attest to this with my no-fault MVA case. Thank you!
    Nandranie J.

Successful Results

Millions Recovered in Verdicts & Settlements
  • $2,000,000 Work Accident Case
  • $3,100,000 Motor vehicle Accident
  • $3,000,000 Bus Accident
  • $8,000,000 Motor Vehicle Accident
  • $2,000,000 Bus Accident

The Right Attorneys. Right Now.

What Sets Us Apart?
  • A Multi-Generational Legacy of Success
  • Hundreds of Millions Recovered For Our Clients
  • Personalized Attention & Curated Legal Plans
  • Committed & Passionate Advocacy
  • Always Available & Accessible To Our Clients
  • Capable of Handling a Wide Variety of Case Types