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San Joaquin County SSDI Attorney

San Joaquin County SSDI Lawyer

Who makes the final decision on Social Security disability?

Dealing with a newfound life-altering disability and being unable to work for the foreseeable future can be an overwhelming situation to find yourself in. It can feel frustrating and helpless to be unable to support yourself the traditional way. That’s why you should consider applying for Social Security Disability Insurance, also known as SSDI. These benefits can greatly assist people in your position. An attorney can tell you more about the benefits of applying.

How Can a San Joaquin County SSDI Attorney Assist You?

Our San Joaquin County law firm provides quality legal assistance for anyone who desires help with the SSDI benefits application process, which can be complex and time-consuming. We can provide a detailed explanation of how to apply for benefits on your own. Our team of San Joaquin County SSDI attorneys can also work with you to develop a strong application together. Many SSDI applications are initially turned down because of simple user errors that are only made because applicants may not know what the Social Security Administration (SSA) is looking for.

The last thing you want to do is add to your stress level, especially while you may be dealing with a significant amount of lifestyle changes and potential health problems as a result of your disability and being unable to work. These changes may be impacting your emotional and mental health as well as your physical health. An experienced SSDI lawyer can take charge of your case for you, handling the details so you can focus on recovering and adjusting to a new normal.

By bringing your concerns to an SSDI lawyer, you can get some much-needed assistance for your case. Our attorneys can expedite your application process and possibly get your benefits to you faster. We have experience in handling many of these cases before, so we know the ideal way to frame your argument to secure SSDI benefits for our clients. Our attorneys can expedite your application process and possibly get your benefits to you faster. Here are some additional important tasks that an experienced SSDI lawyer can help you accomplish:

Application Assistance

It is no secret that the SSA’s online application for SSDI benefits can be stressful, time-consuming, and extremely complicated, especially for people who may be thinking about some aspects of their lives that they have never had to consider before. Our legal team is more than willing to take over the application process on your behalf and give you more time to yourself. We can:

  • Conduct the necessary research into your medical history.
  • Gather your medical records.
  • Make sure all the right deadlines are met.
  • Draft the most effective version of your application that you could possibly get.

Knowing how to fill out the application and what the SSA will be looking for in potential applicants makes the process go a lot smoother. If any issues arise, we can approach and resolve them together.

Knowing the SSA

Above all, we understand how the SSA operates. We know applying for SSDI benefits is not an easy process. Understanding the exact steps involved can be challenging for someone who likely does not know a lot about the SSA prior to applying. We can share our insights into the SSA’s complicated laws and criteria regarding SSDI benefits with you. When we apply our wealth of knowledge to your case, you can benefit from it.

Reviewing Your Case

For your SSDI lawyer to provide you with the important skills and knowledge to build your application, they will first need to become familiar with your case thus far. You should provide them with any evidence you have that backs your case. Your lawyer must understand:

  • The extent of your disability
  • How long you have been out of work
  • Whether you will ever be able to return to work
  • Whether you have tried to apply for SSDI benefits in the past

If you have already applied for benefits in the past and been rejected, you should bring that information to your SSDI lawyer. If you were given a letter of denial, we can go through it and figure out exactly why you were denied, based on your application. Then, we can work together to develop a strong appeal.

Prepare for the Hearing

The majority of applicants seeking SSDI benefits will need to attend a formal hearing. During the hearing, you will appear before a judge, who will:

  • Go through your application.
  • Ask you to explain why you are unable to maintain any sort of gainful employment.
  • Make a decision about your SSDI benefits.

Your lawyer can attend the hearing with you and prepare you for it in the prior weeks.

It is important to note that your SSDI hearing will look and feel like a courtroom trial. You may feel a bit intimidated. You should address any fears with your lawyer, and they can prepare you for any eventuality. The SSA’s goal with this hearing is to determine whether you actually deserve to receive SSDI benefits based on the established criteria. Your lawyer can argue that you do deserve them based on your disability.

Assessing the Criteria

Once your lawyer has looked through your case and decided to take it on, they must determine the most effective way to make their argument for your SSDI benefits. There are three possible ways you could qualify for SSDI benefits under the SSA’s criteria. Each of these works as a qualifier for benefits. They are:

  • You fit under one of the disabilities listed on the Social Security disability listings page.
  • You fit under the SSA’s established grid system.
  • Your disability is not listed, but it still prevents you from doing even sedentary work.

The Social Security Disability Listings

The SSA maintains a comprehensive and detailed list of eligible disabilities, various conditions, and specific impairments that are automatically considered a qualifying condition for SSDI benefits. The list contains a considerable range of potential conditions as well as the varying criteria that the applicant must meet for their disability to be considered valid under the SSA guidelines.

When you apply for SSDI benefits, you will need to explain the exact nature, symptoms, and restrictions of your disability during your formal hearing. The SSA will attempt to find it on the disability listings page, match the criteria on the page to your symptoms, and use that information to determine if your condition qualifies or not. If your condition does not meet the established criteria, the SSA may block you from receiving SSDI benefits.

Your SSDI lawyer can look at this list and try to make the same connection that the SSA will make. This can help your lawyer better prepare you for the hearing. For your lawyer to fully understand your condition, you may need to provide them with your medical records or see a doctor to get a full, recent, and proper diagnosis. You may need to undergo certain tests to determine the exact level of your condition.

The Social Security Grid System

If your exact disability is not listed on the disability listings page, the SSA may attempt another route to explain your condition. It will use a detailed grid system to determine the full extent of your disability and how much it may affect your ability to work. The grid system will consider your:

  • Age
  • Current job skills
  • Education level
  • Previous work experience
  • Residual functional capacity (RFC) level

Your lawyer can also use the grid system to prove exactly how much your disability affects your day-to-day health and consistently impedes your working ability. Generally, the grid system is only used to test physical disabilities. If your condition is not a physical one, the grid system likely won’t be your desired avenue. It is typically used for applicants of advanced age who are already considerably limited in the kind of work they can do.

Sedentary Work

The most important thing you need to prove to the SSA to get your SSDI benefits is that you can no longer work due to an overwhelming disability that completely consumes your daily life. This disability even prohibits you from performing basic sedentary work, which is work that requires the bare minimum of physical activity and largely consists of sitting down for prolonged periods of time. If you cannot perform sedentary work, you and your lawyer must be able to prove it.

The evidence that proves your disability can come from medical professionals, your sworn testimony, expert witnesses, your medical records, or the testimony of your own doctor. If you can successfully prove to the SSA that your disability, while unlisted, completely prevents you from engaging in even basic sedentary work, there is a good chance the SSA will allow you to receive SSDI benefits.

The Primary Difference Between SSDI and SSI Benefits

While SSDI benefits are connected to the Social Security Administration, they are not the same as Social Security benefits or even Supplemental Security Income (SSI) benefits. It is vital to your application that you understand the major differences between SSDI and SSI benefits, as applying for the wrong one can hinder your case. After all, you don’t want to spend a considerable amount of effort applying for your benefits only to have applied for the wrong kind.

The primary difference between SSDI and SSI is who can benefit from them. SSI is largely determined by the age of the applicant pursuing them as well as whether they have a disability. SSDI benefits are open to virtually anyone who has a disability and cannot work because of it, with their age not being a consideration. Still, you can only get SSDI benefits if you meet the strict criteria established by the SSA.

FAQs

Q: Can You Get Both Retroactive Pay and Back Pay With SSDI?

A: Yes, you can receive both retroactive pay and back pay when you are receiving SSDI benefits. The back pay covers the time between the date you applied for benefits and the date you were approved, apart from the five-month waiting period. The retroactive pay covers the time between the day you received your disability and the day your application was approved. Retroactive pay can typically only happen for a year.

Q: Are Attorney Fees Tax Deductible for Social Security Disability?

A: In some cases, yes, attorney fees can be tax deductible for Social Security disability. To take advantage of this, you must itemize your deductions on your tax return. If you are unsure of whether you can deduct your attorney fees, it is highly advisable that you reach out to your SSDI lawyer or even speak with an accountant.

Q: Can I Receive Benefits If I Am Convicted of a Crime?

A: Generally, no. Benefits are not paid out during the months that you are incarcerated. If there are any family members who are receiving benefits, based on your record, they may still collect their benefits. If you are released but violate your parole, you may no longer receive SSDI benefits. If you are concerned about the state of your application or your ongoing benefits due to an upcoming incarceration, you should speak with your SSDI lawyer.

Q: What If I Am Able to Work Again While Receiving Benefits?

A: If your disability gets better and you decide you want to try going back to work, you could work out a deal with the SSA where you keep your SSDI benefits and have a test period that lets you see if going back to work is a viable option for you. If it doesn’t work out, you may still have the benefits. You must be certain to follow any rules set forth by the SSA during this time.

Consult a Trusted SSDI Lawyer Today

Adjusting to a new lifestyle in San Joaquin County following a disability can be frustrating and intimidating. You shouldn’t have to worry about the legalities associated with applying for SSDI benefits on top of everything else that is stressing you out. Gade & Parekh, LLP, knows what you are going through and can provide you with quality legal assistance throughout this process. Contact us to schedule a consultation with a valued team member today.

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