California Social Security Disability Lawyer

Disability Determination Services (DDS) reviews SSDI claims in order to identify any fraud attempts. If your application is missing paperwork, improperly filled out, or lacking the appropriate medical evidence, it will almost certainly be denied. However, keep in mind that denials are common, and you may still have options. Contact an experienced California Social Security Disability lawyer to review your claim after a denial.

If you applied for SSDI and your claim was denied, your next step is to appeal the SSA’s decision. Many disability applicants who were initially denied are able to obtain benefits through the appeals process. There are multiple levels of appeals you may need to go through and navigating this process is rarely straightforward. Having a knowledgeable disability attorney on your side will be to your benefit.

If you can engage in what is known as “substantial gainful activity” (SGA), you won’t be considered disabled. The SSA makes this determination by evaluating if your monthly earnings from work exceed their maximum income limit. If it does, you are considered to be engaging in SGA and will not be eligible to receive benefits.

Federal regulations use the ‘national average wage index’ to establish the earnings limit each year. You can use the SSA’s benefits planner to determine the amount of money you’re able to earn from work and still qualify for SSDI benefits.

No. When you file for unemployment benefits, you generally have to state that you are physically and mentally capable of working. This contradicts your claim for disability benefits, in which you’ll specifically state that you are unable to work for 12 months or more due to your condition.

If you have received unemployment benefits at any time during the period you allege that you were disabled, the SSA may deny you SSDI benefits.

No. If your doctor determines you are unable to work for 12 months or more, you should file for benefits immediately. By waiting longer than necessary to apply, you risk losing benefits to which you are legally entitled.

If you are eligible to receive SSDI benefits, you can only recover retroactive benefits for the twelve-month period preceding the date you submit your application for benefits. If you wait more than a year from the date you stop working to apply for benefits, you risk losing more benefits.

Whether you’re applying for SSDI for the first time or you would like to start the appeals process, an experienced California Social Security Disability lawyer will be a valuable resource. From preparing your claim for success to coordinating with the SSA on your behalf, an attorney who knows the ins and outs of the Social Security system will give you the best chance of receiving the benefits you deserve.

If your disability makes it difficult for you to leave the house, don’t lose hope. A compassionate member of our team will meet with you over the phone!

Our office works on a contingency-fee basis, this means you never have to worry about paying an expensive upfront bill to work with our legal team. In fact, you won’t owe us anything unless our efforts are successful!

For years, all SSDI claims were treated the same, no matter how minor or severe. For example, someone with a terminal illness claim would be treated the same as someone with a chronic pain claim, and they would have to wait for their benefits to be approved by the SSA for about an equal amount of time.

Because of this, the SSA created the Compassionate Allowance Program that grants applicants with certain medical conditions a shortened time frame, providing disability benefit approvals in weeks instead of months or years. The program includes 113 conditions that are determined to fall under compassionate allowance. Claims can still be delayed if the forms aren’t filled out properly or if accurate and complete medical information isn’t provided, so it’s best to consult a Los Angeles Social Security Disability lawyer like Dr. Bill if you have a compassionate allowance condition.

Disability benefits are often the only source of income for individuals with a medical condition. The number of medical conditions you have does not change your approval determination or your monthly benefit payment. That said, developing new conditions may affect the schedule for continued eligibility or routine reviews to determine if you still need benefits. It’s important to report new medical conditions to the SSA to prevent an interruption of your benefits.

Disabled people receiving SSDI or SSI benefits must inform the SSA of any changes that may affect eligibility. These may include improvements in the listed medical condition, changes in marital status, addresses, living arrangements, financial changes, and work activities. Keeping the SSA informed of changes may prevent any concerns about continued eligibility or disruptions to your benefits.

While most of the people on SSDI and SSI are U.S. citizens, there are a few exceptions for certain noncitizens. Noncitizens can qualify for benefits if they have a Social Security number that was assigned after January 1, 2004 that allows them to work in the U.S., or if they have a non-immigrant visa that is B-1, D-1, or D-2. They must also prove that they are in the U.S. lawfully for the time they would receive benefits and must satisfy all the standard eligibility criteria applicable to citizens. Social Security benefits for non-citizens are complex, so it’s best to hire an experienced disability lawyer like Dr. Bill for guidance.

The SSA is a separate entity from the Department of Veterans Affairs, so it’s possible to receive benefits from both at the same time. In some cases, however, veterans receiving benefits from the VA are denied by the SSA. In these cases, it’s best to seek an experienced Social Security Disability attorney to help with your claim.