Proving a Social Security Disability Case

New Jersey Social Security Disability Attorney

Helping clients prove their SSD cases

Social Security Disability (SSD) provides support to those who can no longer work because of an accident or serious illness. You and your family may be eligible for SSD benefits based on your financial need if you have paid Social Security taxes and worked for long enough. It is important that you qualify and prove that you are entitled to these benefits and having the right legal support is imperative. For quality legal support, contact Tomes & Hanratty, P.C. for a consultation.

Establishing a Social Security Disability

To establish Social Security Disability, you must prove that you have a condition that will last for at least 12 months and keeps you from performing any substantial gainful employment. The Social Security Administration and the Administrative Law Judge will look at the following evidence:

  • Your education background, age, and work history
  • Your subjective evidence of pain and limitations
  • The medical testing and results
  • The diagnoses and opinions of your treating doctors.

What is substantial gainful employment?

Courts consider “substantial gainful employment” as earning $1170 a month or more ($1950 a month or more if you are blind).¬† If you are earning that much, even if you are working part-time, you will be¬†denied disability benefits. ¬†¬†It does not matter what your medical condition is, or your age or education or work experience.

Am I disabled?

If you have not engaged in substantial gainful employment for 12 months and If that impairment meets or equals the severity of a medical listing that is stated in the Social Security Act appendix, you will be considered disabled according to Social Security guidelines.  Social Security has 14 medical categories in which a person can be considered disabled:

  • Musculoskeletal
  • Special senses and speech
  • Respiratory
  • Cardiovascular
  • Digestive
  • Genitourinary
  • Hemic and Lymphatic systems
  • Skin
  • Endocrine system
  • Multiple Body Systems
  • Neurological System
  • Mental Disorders
  • Neoplastic Diseases and
  • Immune System

If you do not satisfy either requirement,  your claim proceeds to the next two steps, which assesses your ability to perform your past relevant work or other available work. If you cannot, you may be considered disabled.  If you can, you will most likely not be considered disabled.

Contact an SSD law firm with experience

If you are in dispute because of your qualification to receive Social Security Disability benefits, you need a law firm with experience. Picking the right lawyer is imperative and our firm is ready to serve. The U.S. Social Security Administration denies about 60% of claims and yours could be next. With over 20 years of experience, Tomes & Hanratty, P.C. has been fighting for the rights of clients across New Jersey. Our firm is dedicated to your future because we understand the stakes. If you need a quality legal representative that is committed to helping you prove your Social Security Disability case, contact Tomes & Hanratty, P.C. for a consultation.