We provide full legal Representation to appeal social security disability denials
Specializing In SSDI hearings & appeals
No fee unless you win (costs only)
Serving Northern California.
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As a disability lawyer I can help you obtain monetary compensation from Social Security because of your disability. The aid of a lawyer is not required to file for Social Security benefits but your chances of receiving benefits are significantly improved if you apply with the help of a skilled disability lawyer.
Even if you do not choose to utilize my services for your initial application, you can always decide to hire me later if your case is initially denied.
Social Security Disability FAQ
How long does it usually take to get approved for Social Security Disability Insurance?
It depends. Usually, if the claim is accepted at the initial application level, the process can take about 4 to 6 months. If the claim has to be appealed to an analyst on reconsideration, the process can last up to about 10-12 months. If further appeal is necessary to the Office of Disability Adjudication and Review (ODAR), then overall the process can be up to 2 to 3 years.
Can I receive additional benefits for my minor children?
Yes, they must be minors under the age of 18, or full time high school students under the age of 19. You must indicate the existence of minor children on the application.
How much monthly income will I receive from Social Security?
It is best to go on-line and create a social security account (https://www.ssa.gov/myaccount/). They will provide you with a statement that will tell you how much you will receive if: you become disabled now, how much you will receive if you retire early at age 62 (usually less), versus how much you will receive if you retire at full retirement age of 66/67 or later. Generally, the disability rate is similar to the full retirement rate.
How will other public benefits affect my social security disability income?
Social security will offset or reduce payments if a claimant is receiving other public disability benefits such as workers compensation, state disability and/or disability retirement, etc. One can not receive more than 80% of highest earnings calculated from the last five years of earnings. Ask your attorney to explain this in more detail.
Can I work and still obtain or remain on Social Security Disability?
This question really goes to the issue of whether or not one is too disabled to work in the open labor market which is the principle criteria for qualifying for social security disability. However, Social Security Administration policy does not want to create a disincentive for claimants to attempt to return to work. So the basic rule is: If the monthly earnings are less than about $1100 per month, it may be possible to work and still obtain SSA disability, but it will be prejudicial as the earnings will create an argument by Social Security Administration that you are not too disabled to work. On the other hand earnings less than $1100 per month can be characterized as an unsuccessful work attempt if medical reasons preclude higher earnings.
Do I have to attend the medical evaluation that Social Security Administration has set up?
The answer is generally yes, but not necessarily under all circumstances. It depends on the nature and extent of the medical record you provide. If there are sufficient treatment evaluations and reports that speak to your residual functional capacity in terms that social security administration can use, then it really is redundant and not necessary for Social Security Administration to request further evaluation. In doing so, they are really just creating a medical source statement that they could potentially use to deny the claim. Therefore, it is very important to speak with an attorney before submitting to this evaluation.
What if I do not have medical evidence to support my claim of disability?
It will be difficult to prove any case that lacks a medical record to substantiate a disability claim.
What if I lose my insurance, or have no insurance to begin with and therefore I cannot get medical evidence to support my claim?
The administrative law judge cannot use the fact of lack of insurance as evidence of no disability. The remedy will be to send the applicant claiming disability to a consultative evaluation. This will be a face to face evaluation with a medical doctor hired by the Social Security Administration.
Can I claim Social Security Disability if I am not a legal resident, or U.S. citizen?
It depends on the country of origin and the legal status while working and earning credits. If you are here legally on asylum from El Salvador, or Nicaragua, then it may be possible to obtain benefits. If you are here as a legal resident from Mexico, then it may be possible to apply and obtain social security benefits. Otherwise, any person not residing legally in the United States or who has worked without a valid permit, will not be able to claim social security benefits.
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I offer FREE initial consultations in Social Security Disability law. After the consultation, you will be able to make an informed decision on whether to pursue legal representation.