Applying for disability insurance benefits can be a frustrating and time-consuming process. When you face a denial of disability benefits, it can be devastating. Many individuals may simply give up and feel as though there is no hope for their case and nowhere else to turn. If you are seeking these benefits, you might find yourself wondering, how hard is it to get disability in California? A Yolo County SSDI attorney from Gade & Parekh, LLP, can answer that question.
In the state of California, you may qualify for disability insurance (DI) if you find that you can no longer work and will most likely lose wages if you take time off due to an illness, injury, surgery, pregnancy, or childbirth. If you are eligible, you may be able to receive benefits for up to 52 weeks.
In addition to these requirements, you may also be eligible for DI benefits if you cannot do your job for at least eight days, have lost wages due to the disability, and have earned at least $300 with State Disability Insurance (SDI) deducted from your paychecks. Getting disability benefits can still prove tricky, and it may be wise to consult with an attorney who can help you through the complicated process.
How Eligibility Is Decided if You Have a Qualifying Disability
When determining if you are eligible for disability in the state of California, there are certain requirements you must meet. You may be eligible if:
- You cannot perform work activity that is substantial gainful activity (SGA) because of your medical condition or disability.
- You cannot do the same level of work you did previously, or you have to adjust your work to accommodate your current condition.
- Your medical condition or disability has lasted or is expected to last for at least 12 consecutive months or may result in death.
If you have worked enough to qualify for disability benefits, there is a process to determine whether you have a qualifying disability. You will most likely be asked a series of questions in order to determine your eligibility. These questions may address the following:
Your Current Work Status
Your earnings will act as a guideline for whether your work is considered substantial gainful activity or not. If your earnings amount to more than $1,620 a month, you generally cannot be considered eligible for disability. However, if you are not working or performing any SGA, your application may move forward.
The Severity of Your Condition
The medical or health condition you are dealing with must substantially limit your ability to do basic work activities like walking, standing, lifting, sitting, or remembering for at least 12 consecutive months. If you do not fall into this category, you will most likely not qualify for disability benefits.
Whether Your Health Condition Is a Qualifying Disability
There is a list of medical conditions that are considered severe enough to prevent you from doing substantial gainful activity. If your condition is not on this list, it must be determined that your condition is still as severe as another on the list.
Your Ability to Do Your Previous Work Duties
If you reach this stage of your disability application, it will be determined if your medical impairment prevents you from being able to perform your previous work duties. If it doesn’t, your disability will most likely not qualify.
Your Ability to Perform Other Work
If it is determined that you are unable to do any of the work you did before your injury or illness, it will then need to be determined whether you can do any other work despite your condition. Factors like age, education, past experience, transferable skills, and your medical condition may be taken into account. If you cannot perform other work, you may be determined to be eligible.
Appealing a Disability Claim Denial
Qualifying for disability insurance in California can be tricky due to all the steps involved in the process. If you have been denied these benefits, this doesn’t mean your chances of receiving benefits are completely gone. You have the legal right to file an appeal to have your case officially heard. You should not try to file a completely new claim, as this may result in quicker dismissal.
Instead, you have the right to hire an attorney who can work to ensure your claim is heard and all the correct steps are taken.
FAQs
Q: What Conditions Qualify for Disability in California?
A: There are several conditions that might qualify for disability benefits in the state of California. These include mental conditions such as anxiety, schizophrenia, and certain intellectual disabilities; physical disorders like cancers, endocrine conditions, or skin and neurological disorders; and issues such as chronic heart failure, heart transplants, cystic fibrosis, and emphysema.
Q: How Do I File an SSDI Claim in CA?
A: In California, there are two main ways to file an SSDI claim. You could file your claim using the online portal for SDI, which is often the recommended route, or you can submit a Claim for Disability Insurance Benefits by mail. It is important to note that your claim will not be processed until your application is correctly completed. This is why going through the online portal may be the simplest and quickest option.
Q: How Will I Receive My Disability Benefits?
A: There are two options for receiving your disability benefits in the state of California. You may choose to receive them through an EDD debit card. Payments begin being placed on this card within a day after your certification is processed. The second way to receive benefits is through EDD checks by mail.
Q: What Is the Average Disability Payment in California?
A: There is no exact average for disability payments in California, as each case is different, and individuals will receive different amounts based on their unique factors. These factors can include the amount of income they made prior to sustaining their medical condition or disability and how much they’ve paid into the Social Security system.
Speak With a California SSDI Attorney Today
Obtaining disability insurance in California can be an overwhelming and difficult task. At Gade & Parekh, LLP, we have been helping disabled individuals get the benefits they deserve for over 29 years. Contact our office today to schedule your initial consultation and learn more about our services.
