Legal Question in Social Security Law in Pennsylvania

Is This Person Entitled To SSDI Benefits?

My father is 51 years old and has worked since he was 16. On 01/31/06 he was taken to the emergency room because he was hemorrhaging. He has not worked since because he cannot due to weight restrictions placed on him. He had a tumor removed and, today, was diagnosed with cancer and will need to have a combination of radiation and chemotherapy treatments every day for the next 5 weeks. He is a bricklayer, and he is prohibited from doing heavy lifting, so he cannot do the bricklaying work he has done for the past 25+ years. He is self-employed. His physicians say they cannot give him a definite date for when he can return to work. They just know he can't now. Our family of four has no income whatsoever. The CAO said he would be eligible for $350 a month if he went to job school, but he can't do that if he is doing radiation treatments every day. SSA told him he is not eligible for SSDI unless he will be unable to work for 1 year or longer. No one knows when he will be able to, if at all. What options are available to him?


Asked on 3/01/06, 5:37 pm

2 Answers from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Is This Person Entitled To SSDI Benefits?

While it is true that you must suffer from a severe impairment that is "expected to last for a year or result in your death," you can apply for SS disability before that. In this case, it may be best to wait a few months to see what his prognosis is. Note: There is a five-month waiting period following the onset of disability, during which time no one can collect SSDI. So he would not get any cash benefit until July 1. The initial review takes about three months and it may conclude that his condition will not last a year and so deny him. That is why it may be best to wait to file a claim.

In the interum, he may be eligible for public assitance if his doctor certifies him as disabled. Food stamps and medicaid may be available as well. That is out of my area of practice but you could call the Legal Services in your area for help.

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Answered on 3/01/06, 6:28 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Is This Person Entitled To SSDI Benefits?

I agree with Atty. Selagy. However, if you get to the point where you'd like to apply for SSDI feel free to give me a call. I am in your area and an associate of mine does SSDI cases and may be able to help.

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Answered on 3/01/06, 8:11 pm


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