The leading Philadelphia, Delaware County and Chester County, Pennsylvania social security disability attorneys of Heavens Law Offices have extensive experience recovering benefits for disabled individuals who, because of a medical condition or impairment, cannot work. If you require legal assistance filing a persuasive claim for social security disability benefits or during the appeals process, we are here to help. Our firm provides superior legal services to disabled workers throughout Pennsylvania and West Virginia.

The Social Security Disability Insurance Program provides cash payments to disabled individuals who cannot work. These benefits are paid monthly to supplement or replace the person’s employment income. In order to be eligible, the applicant must have a qualifying disability or impairment that precludes their gainful employment for one year or more. Social security disability benefits continue until the recipient can return to work on a regular basis.

Entitlement to benefits depends not on the severity of the condition, but the extent to which the disability affects the applicant’s ability to find and maintain employment. The applicant bears the burden to prove eligibility. This requires showing a disability that is well-documented through hospital records, medical history, and evidence of consistent treatment for a condition that makes work impossible. Factors used to determine an individual’s eligibility for benefits include:

• Present job and compensation
• Extent of condition or impairment
• Capacity to do the same or similar work
• Effect of disability on work-related duties
• Possibility of performing other types of work
• Whether disability or condition is a “listed” impairment
• Monthly wages must be less than the statutory minimum
• Age, education, training, past experience, transferable skills

A “listed” impairment is one that appears on the Social Security Administration’s (SSA’s) published list of impairments. Applicants who suffer from a condition that appears on the list are, by definition, disabled, and therefore entitled to benefits. However, the applicant still has the burden of demonstrating the disability to the SSA. If you suffer from a condition that is not listed, the SSA will determine whether it is as serious as a listed impairment to merit benefits.

The Social Security Act also requires that disabled or blind workers have worked long enough and contributed sufficiently to the “insurance pool” to receive benefits. This means they must have accrued at least 20 employment “credits” within the past 10 years from work “covered” under the Social Security program. So in addition to proving disability, applicants must also meet this definition of an “insured” worker to qualify for cash payments.

While the application process seems simple, many applicants are denied benefits because they fail to prove they have a disability or one that is serious enough to merit relief. Because the SSA receives piles of these applications every day, denials are common. In these cases, the claimant must go through a process that includes reconsideration of the denial, a hearing before an administrative law judge, and appellate review. The last option is filing suit in federal court.

If you cannot work because of a disability, the experienced Philadelphia, Delaware County and Chester County, Pennsylvania social security disability lawyers at Heavens Law Offices can vastly improve your chances of obtaining relief. However, you must act quickly because the law limits the amount of time injured applicants have to file a claim. If your claim is denied, you may require the knowledge and skill of a qualified attorney who can usher you through the appellate process. Heavens Law Offices has successfully handled all types of social security disability claims and appeals in Pennsylvania and West Virginia. We are dedicated to fighting for your rights and helping you obtain the benefits you deserve. Call 1-866-HEAVLAW for a free consultation or contact us online.