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Lincoln, CA SSDI Lawyer
If you find yourself suffering from certain disabilities that prevent you from actively engaging in employment, you may be entitled to receive benefits from the Social Security Administration. Individuals who are disabled and have paid into the Social Security system throughout their lifetimes have these benefits available to them. The process of filing for these benefits can be complicated, so a Lincoln, CA, attorney can prove essential.
If you hope to apply for these benefits, the Lincoln, CA, SSDI attorneys at Gade & Parekh, LLP, are here to represent you and your interests. Some attorneys represent clients only after their first application for benefits has been denied. At our law firm, we can work with you from the start of the process, enabling you to have a greater chance of approval from the moment you file. With our knowledge, we can craft your claim, giving you the highest chance for success.
The Difference Between SSI and SSDI
While both financial programs are geared toward assisting people with conditions or disabilities that cause them to be unable to work, SSDI and SSI have a few critical differences. These involve each program’s exact financial assistance and their different eligibility requirements.
As an individual, you pay into the SSDI system whenever you pay Social Security or FICA taxes. Because of this, if you are completely incapable of working because of an illness, injury, or medical condition, you may be entitled to receive certain benefits. With SSDI, your potential benefits are based on your age, when you became disabled, and your income. To receive SSDI benefits, you must have been employed and paid Social Security taxes.
Meanwhile, SSI is a needs-based program. It is typically available to those individuals who have access to fewer resources, have a lower income, and are unable to work due to a disability or medical condition. Unlike SSDI, SSI pulls its funding from general taxes.
What Constitutes Social Security Disability Insurance in Lincoln, CA?
Unlike SSI, Social Security Disability Insurance is not dependent on your income. However, you must have a specific number of work credits before you can qualify. It is important to keep in mind that if you did not pay Social Security taxes during your employment, you will not be eligible for SSDI.
You can only qualify for these benefits if you have the correct number of work credits, depending on the age you were when you became disabled and if you worked jobs that were covered by Social Security. Furthermore, your medical condition or disability must be recognized as such by the Social Security Administration, meeting the agency’s strict guidelines.
Defining Supplemental Security Income
Typically, those who benefit from SSI are disabled individuals who were never able to work in the first place because of their medical condition, illness, disability, or injury. The benefits they receive through SSI are meant to help them with the costs of basic living. Individuals who apply for this assistance must have little financial support.
If an individual does not meet the necessary income limitation requirements, they will most likely not be able to receive SSI benefits. However, there might be some exceptions from case to case. Having a professional attorney review your case, and your income sources during the claim process can allow them to determine whether you are eligible for these benefits. Generally, your income is composed of the following monetary sources:
- Earnings from any employment
- Income from investments
- Other assistance from Social Security
- Benefits from unemployment
- Benefits from any military service
- Resources provided to you by friends or family
Likewise, there is a limit for eligibility for SSI benefits, which is based on the resources available to you. These might include:
- Bank accounts, both checking and savings
- Land or real estate
- Life insurance policies
- Vehicles
- Cash
- Personal property
- Mutual funds, stocks, and bonds
If your income or resources exceed a certain limit, you may not be able to file a claim for SSI benefits. However, each year, the government applies new limits on income and resources, so there may be some exceptions that can apply to your case.
This is why working with an experienced SSDI attorney can make all the difference for your claim. With a full understanding of the laws pertaining to these cases, Gade & Parekh, LLP, can determine which option is right for you.
Gade & Parekh, LLP: Your Lincoln, CA, SSDI Lawyers
With over 40 years of assisting clients in applying for Social Security Disability Insurance and other Social Security benefits, the attorneys at Gade & Parekh, LLP, are here and ready to take on your SSDI case. We have years of experience with a variety of Social Security cases, and our available resources can be an additional asset to your case. Our law firm is familiar with the professionals who handle your application, so we know how to navigate the Lincoln court system when applying for Social Security benefits. Our goal is your satisfaction.
When facing a disability that doesn’t allow you to continue your employment, you will deal with multiple challenges. Don’t let one of those challenges be deciding who will represent your claim. The skilled attorneys at Gade & Parekh, LLP, are ready to offer their support. The thought of applying for these benefits can often feel overwhelming, and it can even be a little bit intimidating for those who are unfamiliar with the process. Fortunately, we can help.
Common Disabilities That May Be Eligible for Benefits From the Social Security Administration
When the attorneys at Gade & Parekh, LLP review your case, they need to determine what qualifying condition or disability you have that can meet the requirements for obtaining Social Security benefits. Unfortunately, not every disability or medical condition allows for the victim to receive government assistance. Still further, even qualifying disabilities or conditions must still be proven. An SSDI attorney can help with this process.
Disabilities, medical conditions, or other impairments that qualify you to apply for Social Security benefits include the following:
- Cancer: This includes bladder, lung, breast, prostate, thyroid, testicular, stomach, pancreatic, or skin cancer. It can also include leukemia, lymphoma, melanoma, and multiple myeloma.
- Respiratory Conditions: Any medical condition that affects the functionality of the lungs might be eligible, like severe asthma, respiratory failure, cystic fibrosis, lung transplants, chronic obstructive pulmonary disease, and pulmonary hypertension.
- Blood Disorders: These could be bone marrow disorders, sickle cell disease, thalassemia, thrombosis and hematosis, and other hematological diseases and conditions.
- Endocrine System Disorders: These can include any disorder or condition that affects the glandular systems of the body, like hyperglycemia, type 1 or 2 diabetes mellitus, adrenal gland disorders, pituitary gland disorders, thyroid conditions, diabetic ketoacidosis, pancreatic disorders, and hypoglycemia.
- Musculoskeletal Injuries and Disabilities: These could be joint issues, orthopedic fractures, carpal tunnel syndrome, and medical conditions suffered as a result of leg, hip, knee, ankle, back, shoulder, or neck injuries.
- Skin Conditions: These can include severe burns, dermatitis, ichthyosis, bullous diseases, chronic skin infections, skin sensitivities, and skin conditions that arise as a result of congenital or hereditary disorders.
- Immune System Conditions: These are conditions such as HIV, rheumatoid arthritis, Sjögren’s syndrome, mixed connective tissue disorder, inflammatory arthritis, systemic lupus erythematosus, ankylosis spondylitis, systemic vasculitis, and scleroderma.
- Mental Health Conditions: These can include anxiety, major depression, bipolar disorder, trauma-related conditions such as PTSD, explosive personality disorders, autism spectrum disorder, eating disorders like bulimia and anorexia nervosa, impulse-control disorder, personality disorders, obsessive-compulsive disorder, neurocognitive disorders, somatic symptom disorders, and schizoaffective disorders.
- Neurological Disorders: These could be Huntington’s disease, multiple sclerosis, spinal cord disorders, traumatic brain injuries, epilepsy, neuropathy, occipital neuralgia, stroke, cerebral palsy, and cerebrovascular injury.
- Gastrointestinal Conditions: These include inflammatory bowel syndrome, liver transplant, chronic liver disease, or gastrointestinal hemorrhaging.
- Issues With the Cardiovascular System: These can include congestive heart failure, congenital heart disease, deep venous thrombosis, chronic venous insufficiency, aneurysm, and peripheral arterial disease.
- Genitourinary Disorders: These could be kidney disease and nephrotic syndrome.
- Sensory Processing Conditions and Disabilities: These can involve loss of speech, hearing or vision loss, vision issues as a result of cataracts, chronic tinnitus, disorders requiring cornea implants, and any other impairment of the senses.
- Other Qualifying Conditions: These might include Lyme disease, fibromyalgia, chronic migraines, sleep apnea, chronic fatigue syndrome, or Ehlers Danlos Syndrome.
It is important to keep in mind that, even if you do not see the exact medical condition or disability you suffer from, you may still be eligible to apply for certain Social Security benefits. The attorneys at Gade & Parekh, LLP, can review your specific case and determine if your condition qualifies for assistance. If so, we can then help you submit a claim with the SSA.
How to Know If You Qualify for Social Security Benefits in Lincoln, CA
There are strict requirements laid out by the government for both SSI and SSDI. To qualify for these assistance programs, your disability must meet the following criteria:
- The condition prevents you from engaging in employment and makes you unable to continue or return to work.
- You cannot perform your previous type of work or make an adjustment to another form of employment because of your condition.
- You have suffered for at least 12 months, or it is expected to last at least another 12 months or result in your death.
To receive your Social Security Administration payments, you must be legally considered fully disabled by the government. The lawyers at Gade & Parekh, LLP, can assist you in gathering the necessary documentation to file your claim. Our law firm can also prove that you indeed suffer from a disability or condition that gives you eligibility for assistance.
What If My SSDI Claim Is Denied?
It is fairly common that requests for SSDI benefits are rejected by the SSA. If you filed the claim yourself, approval is less likely because you may not have included all the necessary information. Unfortunately, even fully completed applications could be denied. This means that you should file a request for reconsideration as your first appeal.
Although appeals have better success, the process remains complex and difficult. The appeal has a deadline, which an attorney can ensure you meet. Be sure to include the necessary supplemental proof of disability in the appeal.
The next step is the hearing with the administrative law judge. This can be extremely stressful, but Gade & Parekh, LLP, can assist you in preparing for the questions you will be asked. We can also represent you in court while making a compelling case for your disability benefit needs.
What to Do If Your SSDI Is Denied
It can be a common occurrence for SSDI benefit requests to be denied by the Social Security Administration. If you file by yourself, you might miss integral and essential paperwork, and your claim will most likely be rejected. Likewise, even correctly completed claims can be denied. However, if this occurs, you can file a request for reconsideration.
The appeals process for SSDI benefits can be complicated and stressful. These appeals typically operate under a deadline, and having an attorney on your side can help ensure that you meet these specific dates. Gade & Parekh, LLP, can also assist you in preparing for any necessary court hearing and represent you during that hearing, making a solid case for your disability needs and benefit interests.
Can Family Members Benefit From My SSDI Benefits?
If you qualify for certain SSDI benefits, there is a potential that certain family members can be eligible to receive these same benefits. However, there are rules and limits that apply to who exactly can have these benefits. According to the SSA, the following family members could receive your SSDI benefits:
- A child who is unmarried and aged 17 or younger
- A child who is unmarried, between the ages of 18-19, and in a K-12 school full time
- A child who is unmarried and of any age as long as they developed a disability at age 21 or sooner
- A spouse aged 62 or older
- A spouse caring for a disabled child of any age
- A spouse caring for a child 15 years old or younger
- Ex-spouses who were married for at least ten years may also be eligible to receive benefits
Factors That May Impact Your Social Security Insurance Amounts
The amount that an individual can receive in Social Security Disability Insurance can vary, depending on the circumstances of their unique claim and the type of condition or disability they suffer from. Factors that may affect your SSDI benefits can include the following:
- The age you were when your disability occurred
- The number of work credits you received before your disability occurred
- The amount of money you paid via FICA or Social Security taxes
If you paid a lower amount of Social Security taxes and earned a lower number of work credits, your benefits will be lower. The SSA may also take into account calculations of your average income when you were able to work.
Is an Attorney Necessary When Applying for Social Security Benefits?
There are no laws that require you to retain the services and representation of a professional SSDI attorney. However, when seeking to file a claim or appeal a decision regarding Social Security benefits, they can be vital to the success of your case. No matter what details your case involves, the claims process for SSDI benefits is a long and arduous one. The last thing you want to deal with is a complex legal matter, especially while medical bills mount and you are learning to live with your medical condition or disability.
Hiring an SSDI lawyer to represent you during this process can make all the difference in receiving a positive answer from the Social Security Administration. Having someone at your side during every step of the process can be highly beneficial, from filing the first application through all the steps of the claims process that are deemed necessary. You deserve someone who is looking out for your rights and interests, not the government’s.
If you are suffering a disability that has left you unable to work or continue in your employment, you are most likely suffering from financial hardships as well. It is prudent that you not leave the success of your disability claim to chance. The stress and anxiety induced by the countless amounts of tedious paperwork and keeping track of all the necessary court dates is too much for any one person to handle. The attorneys at Gade & Parekh, LLP, can manage your case while you focus on your disability.
What You Can Expect During a California Social Security Disability Hearing
Many people wonder what they should expect from their SSDI hearing. Being in attendance at your own Social Security disability hearing is crucial; if you find that you cannot make it, you need to notify the courts as soon as possible. When preparing for this hearing, there are several things you can expect to encounter, including:
- ALJ Presence: An ALJ, or administrative law judge, will preside over your hearing. You can expect this individual to introduce the parties present at the hearing, explain the purpose of the hearing, and lay out the procedures that will take place.
- A Chance to Testify: At this point, you will be allowed the opportunity to give testimony about your disability and how it impacts your capability to work. You will want to come prepared with medical records, letters from your healthcare professionals, and other necessary evidence to back up your claim. An attorney can help you organize this paperwork and ensure that you have everything you need.
- Questioning: The administrative law judge will then question you about your medical history, treatment, and any attempts you have made to work despite your disability. It is important to provide as much detail as you can and answer questions honestly.
- Vocational and Medical Experts: In some cases, the ALJ might call a medical or vocational expert into your hearing. These individuals can provide their knowledge as to your medical condition and your ability to work or not.
- Timeline for Decisions: Typically, the ALJ will not announce a decision regarding your claim at the hearing. Instead, you will later receive a written decision by mail. This decision will explain whether your claim has been approved.
- Process for Appeals: You have the right to appeal the decision if your claim is denied. This will involve more processes that your attorney can assist you with.
FAQs
Q: What Counts as Social Security Work Credits in California?
A: In California, you need to have earned a certain number of work credits to qualify for Social Security Disability Insurance. You might be wondering, then, what these work credits are and how you earn them. Social Security work credits are dependent upon the total yearly amount of wages you have made, or it will be based on your income if you are self-employed. These credits can stay on your record, even if you switch jobs.
Q: What Should I Include in My Application for SSDI in California?
A: When applying for SSDI in California, an SSDI attorney can help you by gathering the following documents and information to include in your application:
- Contact information for any doctors, therapists, clinics, hospitals, or other medical professionals who have treated you
- Medical test results and medications
- Copies of your medical records
- Certified copies of your birth certificate
- Proof of U.S. citizenship or legal residency
- Your Social Security number
Q: How Long Does It Take to Get Approved for SSDI Benefits in California?
A: In California, the time it takes to be approved for Social Security Disability Insurance can vary from case to case. Typically, this process can take several months and up to a year. The timeframe is dependent on factors like the complexity of your claim and the workload of the Social Security Administration.
Q: What Are Some Common Reasons Why an SSDI Claim Might Get Denied?
A: There are several reasons why the Social Security Administration might deny your claim for Social Security Disability Insurance. These reasons might include:
- Not following your doctor’s orders
- A failure on your part to follow through with medical treatment
- Not providing enough evidence of your disability
- Having an employment record that is deemed insufficient
- Providing inadequate or incomplete paperwork
Contact a Trusted Lincoln, CA, SSDI Attorney Today
When you are facing pain, stress, tension, and other financial, physical, and emotional hardships that are brought on by dealing with a medical condition or disability, you deserve the chance to file a claim for government assistance and benefits. Filing this claim should be done as soon as possible so that you can begin to receive what is due to you. Whether you hope to file a claim for SSI or SSDI, the attorneys at Gade & Parekh, LLP, are here to help.
Let us review your claim and offer our insight into what avenue might be the correct choice for you and your case. The knowledgeable lawyers at Gade & Parekh, LLP, can assist you through the process, from gathering the necessary paperwork to representing you during any potential appeal. Don’t let your disability get in the way of your survival. Let us help you secure the compensation you deserve. Contact our law firm today.
