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How Do I Prove My Disability?
Rocklin CA SSDI Lawyer
It can be a frustrating situation to have to adapt to a new normal following a disability diagnosis. It can be even worse when said disability affects your ability to hold down gainful employment. If this situation applies to you, you may be eligible to collect Social Security disability insurance (SSDI). Applying for these benefits can help you adjust to significant lifestyle changes and support yourself.
How Can a Rocklin SSDI Attorney Help You?
Pursuing any legal action or applying for governmental assistance can be tough to do on your own. It is recommended that you retain legal counsel whenever handling such situations. Applying for SSDI benefits without the help of a dedicated law firm can lead to rejected applications and a delay in receiving your benefits. Our team can walk you through the process and answer any lingering questions about your application that you may have. Be sure, a Rocklin, CA, SSDI attorney can help you handle the legalities.
A significant number of applications are rejected due to applicants filling them out incorrectly or leaving out certain vital information. Applicants may be unaware of specific details that they need to include in their application in order to stand out. The Social Security Administration (SSA) may look for important details, and this lack of knowledge can hurt your application process before it even begins.
Throughout the application process, you may also find yourself dealing with life-altering changes due to your disability. Having to adjust to a new normal because of a sudden diagnosis can be a personal challenge that may take some time to overcome. Such changes can impact your mental and emotional health as well as your physical health. You shouldn’t have to be concerned about filling out the proper paperwork while dealing with life-changing events.
With the help of an experienced SSDI attorney, you can fill out your application accurately and with all the correct information. Your SSDI attorney can address your concerns about the process, the amount you may be receiving in benefits, and the specific details that the SSA may be searching for when considering applicants. Here are some of the important ways that an SSDI attorney can help you and your case:
Vast Wealth of Knowledge: Many individuals who are seeking assistance with their Social Security disability insurance application are considerably unfamiliar with the SSA and how it works. That’s just one of the reasons their applications may be initially denied. They simply don’t understand the process. Filling out the SSDI paperwork can be complex and time-consuming if you attempt to do it yourself without the assistance of experienced legal professionals.
The experience and services of an SSDI attorney go a long way. We can provide you access to our legal team’s considerable wealth of knowledge regarding the inner workings of the SSA and the many different kinds of benefits that may be available to you. We handle SSDI applications and associated cases on a daily basis, and we can assist you in developing your case, handling any disputes, and representing your interests.
Application Assistance: You can allow your SSDI attorney to fill out your benefits application on your behalf. The legal team at Gade & Parekh, LLP is more than capable of handling the application process and ensuring your application is as effective as it can possibly be. By placing this responsibility in your lawyer’s hands, it frees you up to refocus on your recovery and adjust to any potential lifestyle changes that may be happening to you as a result of your disability.
We can research your condition, gather your relevant medical records, and submit the correct application forms by the appropriate deadline. When your application is ready to be submitted, you can look it over with your lawyer and be notified when you do get a response. If any problems arise, we can handle them on your behalf.
Reviewing Your Unique Case: Every SSDI benefits case is going to be different, as every applicant who is seeking benefits is dealing with a situation unique to the individual. There are no blanket strategies that fit everybody. It is important to remember that every individual who needs legal help is going to need different legal help. Before your attorney can provide you with advice unique to your situation, they will need to review your case.
To understand the full scope of your case, your lawyer will need to review your medical history, the specific details of your condition, and any applications you may have sent out in the past on your own or with another lawyer. If you have received denial letters from past applications, be sure to let your lawyer know before we start another application. That way, you and your lawyer can analyze it together and figure out why it was rejected.
Once your lawyer has figured out what caused the initial denial, they can start developing your appeal. An appeal gives you another chance to have the court look into your application, which can help you avoid filling out a completely new application.
Hearing Preparation: The majority of applicants for SSDI benefits will need to go through a formal hearing before the SSA allows them to start earning benefits. During this hearing, a judge will look over your application, allow you to plead your case about why you need SSDI benefits, ask you why you are unable to seek out gainful employment and reach a decision.
Throughout this entire process, your SSDI lawyer will be present to offer you counsel and advocate on your behalf. They will also cross-examine any expert witnesses that the SSA may have brought along to argue against you. While it may feel like a trial, it isn’t technically a trial. It is important to remember that. However, the outcome will still have consequences.
The goal of the court is to assess your disability and whether there are still some jobs you can perform despite it. If they can successfully prove you are able to do other forms of work, your SSDI benefits will not go through. Before the hearing, your lawyer will be able to prepare you for what may come. The entire experience can be somewhat draining, depending on what is said. You’ll have your chance to speak before the judge, or you can have your lawyer speak for you.
Theory Development: When your lawyer has reviewed your case, they will have to try and figure out which of three potential theories applies to your case. Each of these theories is a viable, reasonable explanation for why you need SSDI benefits. However, each theory has its own important criteria that you will need to fit in order for that theory to represent you. Those theories are:
- You meet the proper criteria for one of the disabilities found on the Social Security disability listings page.
- Your disability fits within the grounds of the SSA’s grid system.
- Your disability prevents you from doing any work at all, even sedentary work.
Comprehending the Social Security Disability Listings
In order to determine just how your disability aligns with the standards set forth by the Social Security Administration, the SSA provides a detailed and comprehensive list of disabilities, impairments, and medical conditions. Every condition on that list comes with a detailed list of criteria that an applicant must meet for that condition to apply to them.
To determine whether your disability qualifies for SSDI benefits, the SSA will attempt to match the condition that you have described in your application to one of the conditions on the list. Your lawyer will attempt to do the same prior to your hearing. Knowing what to expect can help you make a strong case for your disability and have a stronger understanding of what the SSA is looking for in your application. To be considered for SSDI benefits, your disability has to match one of the conditions on the list.
In order to prove the details of your disability, you may need to see your primary care physician to retrieve your medical records and undergo certain tests to prove the validity of your claim, as well as whether your condition has worsened or improved.
Understanding the SSA Grid System
If your disability does not match any of the impairments or conditions on the disability listings page, there is another way that the SSA may attempt to classify your disability and understand how it has impacted your ability to work. The SSA will use its grid system to narrow down your disability and determine whether or not it allows you to qualify for SSDI benefits. The grid system will take into account certain factors, such as:
- Your age
- Your job skills
- Your work experience
- Your education
- Your residential functional capacity (RFC) level.
Your RFC level is determined by figuring out how much physical activity you can exert before it becomes too much for you to handle in your current condition. If that condition is not solely a physical disability, the grid system’s categorization may not apply to you.
It is typically used for applicants of advanced age who may already have a limited range of work available to them. Still, your SSDI lawyer can use the grid system to prove the existence of your disability and how physical activity negatively affects your health.
The Impact of Sedentary Work on Your Health
If your disability is not on the listings page and it is unaffected by the grid system, there is one last option that the SSA can use to determine the existence of your disability and how it affects your ability to work. Your lawyer may have to demonstrate exactly that: Your disability exists, and it is getting in the way of your ability to perform any kind of work, even basic sedentary work. Sedentary work is work that causes you to exert very little physical energy.
To prove this statement, your lawyer will need to put together a substantial collection of evidence. This evidence can come from your own sworn testimony, your doctor’s sworn testimony, expert witness opinions, and your own medical records, among other sources. If the SSA decides that your lawyer’s claim is valid and provable and you are indeed unable to perform even sedentary work because of your disability, it is likely that your benefits will be approved.
SSDI Benefits and SSI Benefits
Several different types of benefits are available to certain types of people through the Social Security Administration. Various groups of people may need various types of governmental benefits. SSDI benefits are just one of many, and they all serve different needs in different situations. For example, SSDI benefits are quite different from Supplemental Security Income (SSI) benefits. It is crucial that you understand those differences so you can apply for the correct type of assistance when the time comes.
The most significant difference between SSDI benefits and SSI benefits is who can apply for them. SSI benefits are based almost entirely on the age of the applicant. Their disability is considered as well, but they are largely intended for older applicants. SSDI benefits are available to anyone of working age who has a disability and has paid into Social Security over their working life, as well as meets other criteria established by the SSA.
SSDI benefits are federally funded and are widely available to those who have been a part of the workforce for some time. During that time, they have been paying into their Social Security and preparing for retirement. If a disability suddenly forces you to leave the workforce, you can then try to access these benefits by applying for them.
However, you must meet two specific criteria:
You need to be insured. The only way to receive insurance coverage is to hold down a job long enough to be eligible for coverage. When you apply for SSDI benefits, you will have to endure two straightforward tests. If you pass, you’re covered. If you fail, you are not covered and are thus ineligible for benefits. The tests will be:
- How Long Have You Been Working?
Have You Been Working Recently?
You have a disability that meets the SSA’s established standards. There will be a series of five tests to determine whether your disability meets the SSA’s standards and whether it is impeding your ability to work. Those tests will include:
Are You Working at a Level of Substantial Gainful Activity? If you are holding down a steady job and your monthly earnings before taxes exceed the Substantial Gainful Activity (SGA) level, you do not legally have a disability by the SSA’s standards. In 2024, the SGA level is $1,550.
Is Your Condition Severe? The more severe and harsh your disability is, the better your chances of qualifying for SSDI benefits may be. In order for your disability to be considered severe enough to qualify by SSA standards, it must limit your job performance substantially and make it tough for you to perform basic workplace tasks or result in your death. Otherwise, you won’t qualify.
Does Your Condition Appear on the Impairment List? If your disability appears on the SSA’s disability listings page, you are automatically assumed to have a qualifying disability by SSA standards. In fact, you can skip the fourth and fifth tests. Be sure to work with your lawyer to determine if your condition is on the list.
Can You Continue to Perform the Same Work? If your disability is not hindering your job performance or stopping you from continuing to do your job, you will not qualify for SSDI benefits.
Can You Perform Other Types of Work? If your condition does not impede you from performing any other type of work apart from the job you currently possess, you will not qualify for SSDI benefits. The SSA will look at many different factors to determine if you are able to do work outside your current or most recent job.
When to Apply for SSDI Benefits
In order to prevent any issues, you should begin the application process as soon as you are diagnosed with your disability and are unable to work. There is a significant waiting period before you can start receiving your benefits, so the sooner you submit the application, the better. The SSA will ultimately decide when your disability began and work from there. An experienced SSDI lawyer can help you figure out what steps to take.
Reach Out to an Experienced SSDI Lawyer Today
It can be supremely frustrating to have to adjust your life to fit your disability. Having to leave the workforce and start requesting government assistance can feel upsetting. You don’t have to go through this alone. The legal team at Gade & Parekh, LLP understands what you are going through in Rocklin, and we are here to help you weigh your options and make sure there are no roadblocks in your application process. Contact us to schedule a consultation as soon as you can.
