If you have suffered a disability that has impeded your ability to work, you may be entitled to receive benefits through Social Security Disability Insurance (SSDI) in California. These benefits can provide the necessary means to avoid financial hardship when recovering from a serious injury or illness. Many people wonder: how long is the wait for SSDI in California? An Elk Grove SSDI attorney from Gade & Parekh, LLP, can help answer that vital question.
Thousands of people apply for disability benefits every year. They can sometimes be an individual’s only means of recovery following a serious injury or illness that puts them out of work. When a person has to wait a long time to receive these benefits, it can put them in dire financial straits, and, more often than not, initial applications are denied. These are just a few reasons why having an attorney on your side is a good idea.
Qualifying for SSDI in California
There are several variables that play into your ability to obtain Social Security disability benefits, and these same variables will impact how long it might take for you to receive these benefits. Before you can start collecting disability payments, you must meet a certain set of requirements for eligibility when it comes to Social Security Disability Insurance. These eligibility requirements include the following:
- The disability you suffer from must be substantial enough that it affects your daily ability to do basic work-related tasks, such as sitting, standing, walking, lifting, or remembering information.
- Your disability must have lasted at least one year or is expected to last at least one year.
- The disability you are dealing with must prevent you from earning a certain amount of money, which is determined by the Social Security Administration (SSA). This is known as your substantial gainful activity (SGA) level.
In addition to these requirements, you must also have worked for a certain number of years prior to your disability and have contributed to the Social Security system during that time via your taxes. The number of years required for work will be based on both your age and when you became disabled.
How To Apply for SSDI Benefits
Applying for SSDI benefits can be a complicated and time-consuming process. There are a number of steps that must be taken to ensure the process is done correctly, and every step can influence how long it takes for your benefits to become active.
In the state of California, the California Disability Determination Service Division will handle the initial determination of your claim. Your medical records will be reviewed at this time to determine your qualifications.
Once you apply for these benefits, the process will begin, and a representative will contact you for an in-person interview once your application is received. After this interview, the representative will complete your paperwork and send it to the state agency where a disability claims examiner will handle further deliberation.
This examiner will go over your case and all medical records that pertain to your disability. This part of the process can take several weeks to a few months to complete. The examiner assigned to your case will work with a medical professional to make certain decisions regarding your case. These decisions can include the following:
- If your test results meet the state and federal requirements for disability
- Your current and past work and skill level
- Any physical or mental limitations you may have
- If you have the ability to return to work with your disability
- If you have the ability to perform other types of work successfully with the disability
How Long You Can Wait for SSDI Payments
Depending on the nature of your SSDI case, it can take several months to get approved for benefits. There are several steps in the overall process, and if you miss a step or fail to complete a necessary piece of paperwork, your entire case can be derailed, and the process could take longer. Working with an attorney can prove to be vital when dealing with delays while seeking SSDI benefits in California.
FAQs
Q: What Conditions Qualify for Disability Benefits in California?
A: There are several conditions that can qualify you for SSDI benefits in California. These include certain mental health conditions like anxiety, PTSD, OCD, schizophrenia, or certain autism spectrum disorders, chronic heart or liver failure, COPD, sleep apnea, IBS, Crohn’s disease, or if you are in constant need of oxygen or wear a colostomy bag.
Q: What Should You Not Say When Applying for Disability?
A: There are several things you should avoid saying when applying for disability, as you could hurt your case and lose out on your chances of receiving necessary benefits. You should avoid telling anyone involved in your case that your disability is not very severe or you are getting better, admitting to the fact you have stopped getting treatment, or admitting to any past drug use or criminal activity.
Q: How Much Does an SSDI Lawyer Charge in CA?
A: It can be difficult to offer an exact number for how much an SSDI attorney might charge for their services, as each attorney is different and there are several variables that may affect the final cost analysis. These variables can include the complexity and duration of your case and the experience of your attorney.
Q: What Conditions Make Securing Disability Benefits Easier?
A: Conditions that tend to make securing disability benefits easier are those that impact the musculoskeletal system, such as arthritis, chronic back pain, or lupus. These conditions can significantly affect your ability to do daily work tasks, such as lifting heavy objects and standing or sitting for long periods of time.
Speak With an Experienced California SSDI Lawyer Today
If you are seeking SSDI benefits in California, reach out to Gade & Parekh, LLP, today. With nearly 30 years of experience behind us, we know how to move this process along smoothly and efficiently. Contact our office today for more information and to schedule an initial consultation with our team.
