Nevada County SSDI Attorney
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Nevada County SSDI Lawyer
If you are in need of life-changing benefits, it is vital that you apply for Social Security Disability Insurance, or SSDI. Regrettably, some injuries or disabilities may keep you from maintaining gainful employment. One option you may have to keep yourself financially stable is SSDI, particularly if you have paid into Social Security over the course of your life. These benefits are available to those who have contributed to the system and can no longer work. A lawyer can advocate for what you need.
How Can a Nevada County SSDI Attorney Help?
Our Nevada County law firm provides considerable SSDI benefits assistance to the cities and towns in the area. We can further explain the complex and involved process of applying for SSDI benefits. Our team of Nevada County SSDI attorneys can also give you some insights into ways you might expedite the process or make it easier for yourself.
Applying for SSDI benefits is not an easy task, and you will want someone in your corner who understands the difficulties and complexities of the application process. Otherwise, you could make an error that could cost you your entire application. Many initial claims applications are denied solely because of errors, which would not have been made if an attorney had looked over the application and noticed those errors.
On top of dealing with a significant amount of confusing paperwork, many SSDI benefits applicants are likely also suffering life-altering injuries, health problems, disabilities, and mobility issues that may be difficult to fully come to terms with. If you decide to pursue your application alone and without an attorney’s help, it could add to the already substantial amount of stress you may be feeling. Here are some of the significant ways that an SSDI lawyer can help you:
Sharing Important Knowledge
If you are applying for Social Security disability insurance benefits, there is a good chance that you may not be totally familiar with the Social Security Administration (SSA) and how it operates. By not being familiar with the workings of the SSA, you could impede your application process and possibly even have your benefits denied. You may make costly errors that you aren’t even aware of.
An experienced SSDI attorney can help you by pulling from a wealth of knowledge about the SSA and how this agency works. Our legal team has a thorough and comprehensive knowledge of the system, how it operates, and what to watch out for during the application process. We can make sure your application is as strong as it could possibly be.
Assistance With Your Application
The application for Social Security disability insurance benefits can be very time-consuming, complex, confusing, and daunting, especially for someone who has no prior legal knowledge or experience dealing with the SSA. Our experienced legal team can guide you through the process and even handle the application for you. This would take significant weight off you and give you time to focus on your recovery.
While you adapt to your new normal, we can devote our time to researching your case, gathering the necessary medical records, and assembling the relevant paperwork. We know what the SSA looks for in applications, and we can build yours up into its most effective version. If, for whatever reason, your application hits any snags during the review process, your SSDI attorney can work quickly to resolve them and get it moving again.
Help With the Hearing Process
The majority of SSDI benefit applicants have to go through a formal hearing process before a judge. During this hearing, the judge will read through your application and have you explain exactly why you are unable to work anymore. Your lawyer can be present throughout this hearing and prepare you for it in the prior weeks.
Your hearing will look and feel like a courtroom trial. Your lawyer can:
- Answer any questions that arise throughout the hearing.
- Argue on your behalf in front of a judge.
- Cross-examine any expert witnesses who may have been retained by the SSA to poke holes in your case and determine whether you are able to perform certain jobs.
As your SSDI lawyer can prepare your application, they also prepare you for this hearing and represent you throughout it.
Reviewing Your Application
It is important that your SSDI lawyer become considerably familiar with your situation to represent you and your case effectively. This means being totally honest and transparent with your lawyer by providing them with your exact medical needs, any current health problems you are facing, and how many times you have previously tried to apply for benefits. If you have already been denied, we can review your denial letter.
Case Development
Once your SSDI lawyer has examined your case and determined an effective strategy to pursue your benefits, they can then start building a claim that you can use to fight the SSA during the hearing. Your case must have a valid reason why you would qualify for SSDI benefits, and your lawyer can determine which of the official circumstances fits your case the most. These include:
- Your case meets the correct criteria for a Social Security disability listing.
- Your disability prevents you from pursuing any work at all, including basic sedentary work.
- Your case fits one of the grid rules set forth by the SSA.
If your case matches one of these criteria, it will greatly improve your chances of obtaining SSDI benefits.
Social Security Disability Listings
On the Social Security Administration website, the SSA maintains a substantial and detailed list of impairments. Under each listed impairment, there are detailed criteria that SSDI benefit applicants must meet if they have been properly diagnosed with that condition. When you apply for benefits, the SSA will refer to this list. It will attempt to match your condition to the criteria under one of the conditions on the list to determine if you qualify for benefits under that condition.
Your SSDI lawyer also has this list available to them. They can help you determine whether your condition counts as one of the SSA’s established conditions. It may be wise to see a doctor to get your medical records regarding your diagnosis. You may also wish to have your doctor put you through certain tests to determine the advancement of your condition or if you actually have it.
Sedentary Work
If your condition does not meet the SSA’s requirements on the disability listings, your lawyer may argue that your condition is still serious enough that it keeps you from performing even the most basic sedentary work. Sedentary work is that which requires a minimal amount of physical energy and involves sitting down for large periods of time.
If you decide to pursue this course of action, your lawyer needs evidence that supports your claim. This may include evidence from multiple sources, including your own sworn testimony, opinions from expert witnesses, your doctor’s testimony, or your own medical records. If the SSA agrees with your claim that your condition is so severe that it keeps you from sedentary work, it may approve your SSDI benefits.
The Grid Rules
If your specific impairment or medical condition does not appear on the disability listings page, the SSA will likely use its grid system to determine if you are disabled in a different way. This grid system will take into account:
- Your age
- Your education level
- Any previous work experience
- Your current job skills
- Your residual functional capacity (RFC) level
Your RFC level is the maximum level of physical activity you are able to perform in your current condition.
By using the SSA’s grid system, your SSDI attorney could show how you cannot exert any level of physical activity without severely harming your health. This way of determination is generally used by applicants of advanced age who already have a limited range of work they can do. The grid rules will likely not apply if your condition is not rooted in a physical disability.
SSDI Benefits vs. SSI Benefits
SSDI benefits are tied directly to the Social Security Administration, but they are not the same as standard Social Security benefits or Supplemental Security Income (SSI) benefits. It is vital that you make that distinction early on so you do not accidentally apply for the wrong kind of benefits. You should consult your attorney to determine exactly which form of benefits would be right for you.
The major difference between SSDI benefits and SSI benefits lies in who is able to benefit from them. SSI benefits are based almost solely on age and, to an extent, disability. SSDI benefits are available to anyone who has become disabled and can no longer work, provided they meet certain criteria set by the SSA.
SSDI benefits are funded by the federal government and available to those who have worked in the past, have paid into Social Security over time, and have a disability that completely hinders their ability to work. You must meet two very important criteria to qualify for SSDI benefits:
- You have to be covered. You will need to work long enough to be covered by SSDI benefits. When you apply, the SSA will have you take two tests that include your work history. If you pass both tests, you are covered. If you don’t, you don’t qualify.
- You have a qualifying disability. You will also take a series of tests that will determine whether your disability qualifies. You may not pass all of them but, if you pass enough, you will qualify.
FAQs
Q: What Is the Most an SSDI Lawyer Can Charge?
A: Generally, the maximum amount an SSDI lawyer’s fee can be is 25% of the client’s past-due benefits or $7,200, whichever is less. The Social Security Administration regulates attorney fees and will only allow a reasonable fee to be approved. A judge must approve all attorney’s fees during your formal hearing.
Q: How Do I Apply for SSDI Benefits?
A: The most effective way to apply for SSDI benefits would be to consult an SSDI attorney, who can walk you through the process. You may be reluctant to fill out the application on your own, as a denial could cause you undue stress and make your situation worse. If you wish to apply on your own, you can fill out the application on the SSA website or call it directly.
Q: What Are My Rights as a Disabled Person in California?
A: Your rights as a disabled person in California are highly protected. Statewide legislation, like the Fair Employment and Housing Act (FEHA), protects people of all kinds from any sort of discrimination in the workplace. It also prohibits discrimination based on disability. All public places, such as restaurants, hospitals, hotels, and transportation services, must provide disabled people with the same services as everyone else.
Q: When Should I Apply for SSDI Benefits?
A: You should consider applying for benefits as soon as you become disabled. The SSA can take up to 150 days to review your application, so you may not receive your benefits for quite some time. It is wise to get started on your application as soon as possible so you can get your benefits promptly. You may want to consult an experienced SSDI attorney who can guide you through the process and protect your interests.
Reach Out to an SSDI Benefits Attorney Today
Dealing with a newfound disability can be an overwhelming and frustrating situation to find yourself in. On top of the life-changing disability, you should not have to worry about receiving SSDI benefits too. Hiring an experienced Nevada County SSDI lawyer to handle the details of your case may be the most important decision you make. They can let you focus on adapting and recovering.
The legal team at Gade & Parekh, LLP, knows the kind of help you need. We are prepared to assist you in developing your case, preparing for your formal hearing, and answering any questions you may have about the process. Contact us to schedule a consultation with a team member today.
