Abromson & Carey, Attorneys at Law
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27+ Years Helping the Disabled
Phone: 888-512-7031

Injured and unable to work in NJ? SSD may be the answer.

Social Security Disability (SSD) benefits may be available to those who are injured and unable to work in New Jersey. In order to determine if you qualify, two broad questions need to be answered: does your work history meet the requirements and do you meet the accepted definition of disabled?

Does your work history meet the requirements?

In order to qualify for benefits you generally need to meet the recent work test and the duration work test. The recent work test includes a review of how much work you did over a certain period of time before you were injured. The required amount involves a calculation that takes into account your age.

In contrast, the duration of work test looks at your entire work history. Instead of just reviewing a certain, specified period of time prior to the accident it takes into consideration all of the work that was completed during your lifetime, prior to the injury. The amount required varies depending on your age, with a 28 year old generally requiring about a year and half of work while a 60 year old is required to have worked approximately nine and a half years.

Do you meet the accepted definition of disabled?

The Social Security Administration (SSA) will consider five questions to determine if you are disabled.

  • Are you working? The first reviews whether or not you are currently working. Some people are able to continue working and still receive benefits, depending on the details of the employment.
  • Are your basic work activities limited? The second is a review of your injury or medical condition. The agency will review the evidence in an attempt to verify that it makes basic work activities difficult or impossible to complete for at least one year.
  • Is your disability on the list? The SSA has a list of qualifying disabilities. Some of these disabilities result in automatic qualification to the program.
  • Does your injury impact your work? The SSA also reviews whether your disability specifically impacts your ability to work in your field. Different disabilities will have a negative impact on a construction worker versus an office administrator.
  • Can you do anything else? The agency will also review whether you could potentially take a job in a different field and still earn income.

If you believe that you qualify for SSD benefits and were wrongly denied, an appeal can be filed. If you do not qualify, particularly based on the work tests, other options are available. Contact an experienced denied disability claim attorney to discuss your options. 

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Abromson & Carey, Attorneys at Law
60 Park Place
Suite 509
Newark, NJ 07102

Toll Free: 888-512-7031
Phone: 973-623-5593
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