Chicago Disability Benefits Lawyer Ready to Fight for You
Experienced Illinois attorney helps protect the rights of the disabled
Becoming disabled and unable to work can severely undermine your financial future and that of your family. However, after a disabling injury or illness, you may be able to receive Social Security Disability benefits. At the Illinois firm of Wolfe Law, P.C. in Chicago, I help people throughout northern Illinois pursue the compensation they need and deserve.
What are Social Security Disability benefits?
Workers who suffer a serious injury or disease may qualify for federal Social Security Disability Insurance (SSDI) benefits even if the affliction was not employment-related. If you have paid into the Social Security system and meet the qualification guidelines, you may be able to collect monthly payments. As an attorney experienced in championing injured workers' rights, I can analyze your eligibility for benefits and take appropriate actions to secure them.
Establishing eligibility for SSDI
To qualify for benefits, you must have a medically determinable physical or mental impairment severe enough to prevent you from engaging in substantial gainful activity (SGA). This means that your earnings must be below the monthly minimum income set by the Social Security Administration (SSA), which in 2024 is $1,550 per month for non-blind individuals and $2,590 per month for blind individuals. These thresholds are adjusted yearly for inflation.
The disability must have lasted or be expected to last at least 12 months or to result in death. Short-term disabilities are not covered under SSDI.
Types of disability compensable by SSDI
A disability generally falls into one of three categories:
Permanent disability — This is one for which there is no expected improvement in medical condition. Individuals with permanent disabilities, such as those suffering from severe neurological conditions, advanced-stage cancer or severe spinal cord injuries may qualify for long-term benefits.
Temporary disability — This is one that is expected to last for at least 12 months but is likely to show improvement. For example, a major surgery or broken bones can have a recovery period of over a year. You can receive benefits as long as the condition prevents you from working, but the SSA reviews cases periodically to determine if medical evidence shows improvement.
Progressive disability — Individuals may suffer from conditions that worsen over time, such as multiple sclerosis, ALS (amyotrophic lateral sclerosis) or certain cancers. Progressive disabilities often lead to awards of long-term SSDI benefits.
Note that benefits are available only for total disabilities, that is, those that prevent engaging in substantial gainful activity. Unlike workers' compensation , SSDI does not recognize partial disability.
Benefits provided by SSDI
The benefit amount varies depending on your earnings history, but the average SSDI monthly benefit in 2024 is about $1,542, though most beneficiaries receive less than that amount.
In some cases, your spouse, minor children or disabled adult children may receive auxiliary benefits based on your work history. Each dependent can receive up to 50 percent of your SSDI amount. The total benefits payable to you and your dependents is capped at 150 to 180 percent of your own award.
SSDI payments are subject to annual cost-of-living adjustments (COLA) to keep pace with inflation.
Navigating the SSDI claims system
Social Security Disability benefits are not easy to obtain. There is a complex and exacting review process that causes an exceptionally high percentage of applications to be denied: about 67 percent. Denials can be based on technical deficiencies, lack of medical evidence, financial disqualification and other reasons. If I believe you qualify for benefits, I will put together the strongest application possible and advocate for you throughout the review process.
Contact an Illinois disability benefits attorney for a free case evaluation
The attorney at Wolfe Law, P.C. in Chicago has over 40 years of experience aiding northern Illinois residents in obtaining disability benefits. Call 844-908-1693 or contact me online to schedule a free consultation.
