Social Security Disability Claims’ Factors
Last updated on January 28, 2026
The pathway to Social Security Disability benefits may depend on your work history, your income level and/or the specific type of disability. Proving your case will include verifying your work history as well as your disability.
At Jacobs, Schwalbe & Petruzzelli, P.C., we understand the complicated process of applying for Social Security Disability and are prepared to fight for the benefits you need. We use decades of experience to collect evidence and present your application in a way that is comprehensive and compelling. Call 856-528-7991 or reach out to our team online to schedule a consultation.
What Are Social Security Disability Benefits?
SSD is part of the Retirement, Survivors, and Disability Insurance program administered by the Social Security Administration. This is an insurance-based program that provides wage replacement benefits to help cover living expenses for people with medical problems that limit their ability to perform work functions. To be entitled to benefits, you must prove that you meet Social Security’s definition of “disability”. To be disabled under the Social Security Act, we must show that your inability to work has lasted a year, is expected to last a year, or be expected to result in death.
When we work under the Social Security system, we pay FICA taxes, or Social Security taxes, which get deducted from our wages. These taxes are like insurance premiums that pay to the federal government in exchange for a period of wage replacement insurance coverage under the Social Security Act. For those who work long enough and pay into the Social Security program, they will be entitled to cash and medical benefits when we stop working.
If you stop working due to injury or sickness, your wages are replaced in part by Disability Insurance benefits. If you stop working due to age, your wages are replaced in part by our Retirement Insurance benefits. And if your wages stop because you die, your surviving family members can receive your replaced wages in the form of Survivor benefits. Benefits for spouses, widows, widowers, and disabled adult children are all covered under the “umbrella” of the Social Security Act.
Work History Is Important
For the benefits described above, work history is important because it is through our work and wages that the Social Security or FICA taxes are paid. When we stop working, those taxes stop being paid. Just like insurance premiums, if those taxes are not paid, our SSA coverage is in jeopardy. When we stop paying an insurance premium, coverage ultimately lapses; so, too, does your SSD coverage.
That’s why your work history is important and you should not delay in inquiring about SSD if you are going to be out of work due to injury or illness. Generally speaking, you are covered if, at the point in time you become disabled, you have worked five out of the last 10 years.
Also, you need to consider that you become eligible for Medicare once you have been receiving SSD for two years.
We Handle Complex Cases
Jacobs, Schwalbe & Petruzzelli, P.C., has helped thousands of people over the years to qualify for SSD or SSI benefits and other benefits administered by SSA. We often take over complex cases from other New Jersey SSD lawyers for appeal to the Appeals Council and the federal district court. In addition, we handle cases of disabled children and those of disabled adult children.
More Than 45 Years Of SSD Experience
Since 1977, Jacobs, Schwalbe & Petruzzelli, P.C. in Cherry Hill has been helping the injured and the disabled in the Tri-State area of New Jersey, Pennsylvania and Delaware. Our attorneys can evaluate and document your case. We can represent you at all stages of the process, from the initial application through the administrative appeals and to the United States District Court.
Answering Common Questions About SSD
People often have questions about SSD and the benefits available to them, especially when they are navigating the benefits system for the first time. At Jacobs, Schwalbe & Petruzzelli, P.C., we provide answers to the questions that many applicants face and the unique questions that may come up during the application process.
Can I still work and receive disability benefits?
You can work and still receive Social Security Disability Insurance (SSDI) benefits if you follow certain rules. If you earn more than a certain amount each month, the SSA calls it substantial gainful activity (SGA), and it may affect your benefits. However, if you earn less than that monthly amount and you report your work activity to the SSA, you may be able to continue working in a limited capacity while still receiving benefits. Talking to an experienced attorney can help you understand these requirements.
The Social Security Administration (SSA) also allows people to try to return to work without losing their benefits right away. For those individuals that SS has found to be disabled, the Agency offers a trial work period (TWP). During TWP you can work for up to nine months and still receive your SSDI benefits. During this time, you can earn as much as you want and keep your full benefits. After the TWP is exhausted, the Agency offers an Extended Period of Eligibility (EPE), which lasts for 36 months. During the EPE, your benefits will stop only if you earn too much money in a month.
Do I need to report my injury?
Yes, if you want to get Social Security Disability benefits, you need to tell the Social Security Administration about your injury or illness. The SSA needs medical records, doctor’s reports, and other documents that support your claim. The SSA looks at this information to decide if your condition qualifies as a disability that prevents you from working.
What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI)?
Social Security Disability and Supplemental Security Income, commonly called SSD and SSI, are two separate programs, although the terms are sometimes confused. Although the medical requirements for both are the same, that is, the same rules for whether you are “disabled” apply to both programs, the nonmedical rules are very different. Visit our SSI page to learn more about that program.
Free Consultations For SSD
To discuss your disability and Social Security benefits in New Jersey, call 856-528-7991 or send us an email through this website. Request a free consultation and learn how we can help.