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How Do I Prove My Disability?
Yuba County SSDI Lawyer
Social Security disability insurance, or SSDI, can be a life-saving benefit for those who are unable to maintain gainful employment due to a medical condition or afflicting disability. SSDI benefits are available to those who have paid into Social Security over the course of their lives but are now unable to work due to a disability. A Yuba County SSDI attorney can help you better understand your options in pursuing SSDI benefits.
What Can a Yuba County SSDI Attorney Do for You?
Our Yuba County law firm provides SSDI benefit assistance for the cities of Marysville, Olivehurst, Wheatland, Plumas Lake, and Linda. We can explain the complicated process of applying for SSDI and provide you with the insight you desperately need. Applying for SSDI benefits is not easy, and, unfortunately, many initial claims applications are denied. This is why working with an attorney can help you immensely when applying for benefits.
Many SSDI applicants in Yuba County are already dealing with health and mobility issues as well as significant life changes that may be difficult to come to terms with. Pursuing these benefits without an SSDI attorney by your side can only add to the significant stress you’re enduring. Here are just a few of the substantial ways that our SSDI attorney can assist you in developing your claim:
Share Relevant Knowledge: If you are applying for Social Security disability insurance, there is a decent chance that you are not familiar with the Social Security Administration (SSA) and how it operates. This lack of knowledge can impede your fulfillment of the application process and even result in a denial of your benefits. After all, you may have made costly mistakes that you are unaware of.
By retaining the services of an experienced SSDI attorney, you can guarantee a wealth of knowledge about Social Security will be at your disposal. Our legal team has a thorough knowledge of the system and everything that needs to go into forming a successful application. We can work to ensure you file a claim that is as strong as possible.
Application Assistance: Our legal team at Gade & Parekh, LLP can personally handle the time-consuming, complex application process for you. This takes a large amount of the weight off your shoulders and allows you to devote the lion’s share of your focus to recovery and adapting to your new normal.
Our team can handle research, gathering of records, and even drafting important paperwork. Our dedicated firm understands what the SSA is looking for in these applications, and we can help you draft the most effective version of yours. If your application runs into any problems during the review process, your SSDI attorney can also help you resolve them quickly.
Help During Hearing Process: Most applicants will need to go through a formal hearing, and during that hearing, a judge will go through your application and ask you to explain why you are unable to work. Your SSDI attorney will be present throughout the hearing process and can adequately prepare you for it in the weeks prior.
It’s important to note that your hearing may look and feel like a trial. Your lawyer will answer any legal questions that arise, argue on your behalf before the judge, and cross-examine any witnesses that the SSA may have retained to determine whether you can still perform some jobs. An SSDI lawyer does not just prepare your application, but they also prepare you for your hearing and passionately represent you throughout it.
Review Your Application: In order to provide you with the most effective solution to your situation, your SSID attorney needs to become familiar with your situation. You should detail your exact needs, your current medical issue, and any previous attempts of claim filing. If you have already received a denial letter, we can review it and assess why your claim was denied. Then, we can start preparing an appeal with you.
Theory Development: After your lawyer has thoroughly reviewed your case and determined the most effective way to help you pursue your SSDI benefits, they can start to develop a claim that they can use to fight for you during the hearing. Each of these theories is a valid reason as to why you would qualify for SSDI benefits, and they will determine which one fits you and your case.
These theories include:
- You meet the correct criteria for a Social Security disability listing.
- Your disability prevents you from doing any kind of work, including sedentary work.
- You fit one of the grid rules established by the SSA.
Social Security Disability Listings
The Social Security Administration keeps a detailed list of impairments. Under each impairment in the list are detailed criteria that applicants must meet if they have been diagnosed with that condition. The SSA will use this list, match your condition to the criteria in their impairment list, and ultimately determine whether you qualify for benefits under that condition.
Your SSDI lawyer can also take a look at this list and determine whether or not your diagnosed condition is valid under the SSA’s established criteria. You may also need to see a doctor to produce medical records of this diagnosed condition, as well as undergo certain tests to determine how advanced your condition is or if you even have it.
How Sedentary Work Impacts Your Application
In order to pursue SSDI benefits, your lawyer may argue that your disability keeps you from performing any kind of work, including sedentary work. Sedentary work is work that requires you to sit for prolonged periods of time and exert very little physical energy.
If you believe you cannot perform sedentary work, your lawyer has to gather evidence that supports this claim. That evidence may come from your own sworn testimony, expert witness opinions, your doctor’s testimony, or your medical records. If the SSA decides that you indeed cannot exert yourself in any way and are unable to perform even sedentary work, they will likely approve your SSDI benefits by determining that you are, in fact, disabled.
Understanding the Grid System
If your specific impairment or condition is not on the Social Security Disability listings page, then the SSA will use a grid system to determine if you are disabled through some other means. The grid will consider your age, your level of education, your previous work experience, your existing job skills, and your residential functional capacity (RFC) level. Your RFC level is the maximum amount of physical activity you can still perform with your current condition.
Your attorney may be able to use the SSA’s grid system to prove that you are unable to exert any level of physical activity without seriously affecting your health. This form is typically used for applicants of advanced age who already have a limited range of work they are able to do. If your condition is not based on a physical disability, the grid rules will likely not apply.
The Difference Between SSI Benefits and SSDI Benefits
- You Must Be Insured. You need to have worked long enough to be covered for SSDI benefits. When you apply for SSDI benefits, the SSA will give you two tests that will include your work history. If you pass both tests, you are insured. If you do not pass, you are not insured and do not qualify for SSDI benefits, even if you have a disability. Those work tests assess if you have worked recently and how long you have worked for.
- You Have a Disability That Meets Necessary Standards for Coverage Consideration. There are a series of tests that can determine your disability. You may not pass all of them, but you must pass some to be considered for SSDI benefits.
- Are You Working at a Level of Substantial Gainful Activity?
If you have been holding steady employment and your monthly earnings before taxes are higher than the Substantial Gainful Activity (SGA) level, you do not have a disability by the SSA’s standards. As of 2024, the SGA level is $1,550. - Is Your Condition Severe?
The more severe your disability is, the higher the likelihood that you will qualify for SSDI benefits. Under the SSA’s criteria, your condition must be expected to severely limit your ability to perform basic workplace activities for at least one year or ultimately result in your eventual death. If your condition does not meet either of these, you will not qualify. - Does Your Condition Appear on the SSA’s List of Impairments?
If your condition appears on the SSA’s impairment list, you are automatically assumed to have a qualifying disability. You can then skip tests four and five if the SSA decides your disability counts under their conditions. If your condition is not on the list, the SSA will determine if your condition is as severe as a condition that is on the list. - Are You Able to Perform the Same Work as Before?
If your condition does not stop you from performing the same work that you were prior to your condition, you do not have a disability. Because of this, you won’t qualify for SSDI benefits. - Are You Able to Perform Any Other Type of Work?
If you are unable to do the work that you did prior to your condition, the SSA will look at your age, education, skills, and health condition to determine if you are able to do anything else for work. If your condition does not stop you from doing other work and earning an amount at the SGA level, you won’t be considered for SSDI benefits.
When Should You Apply for SSDI Benefits in Yuba County?
To prevent any kind of issues, you should begin the application process as soon as you become disabled and are no longer able to work. This is because SSDI benefits have a waiting period of five months, so payments will not begin until the sixth month of disability. The SSA will decide when the beginning of your disability was and work from there. If you’re unsure when you should file your claim or form one, do not wait to retain an SSDI lawyer who can assist you.
Once you file your claim and it is approved, the SSA will pay you SSI benefits to compensate you for the first full month. You can apply for SSDI benefits online or by calling the toll-free number available on the SSA website. However, it is recommended that you consult with an experienced SSDI benefits lawyer who can help you with the process personally. This way, you can ensure that you create a strong application that is valid and meets all legal requirements.
Reach Out to an Experienced SSDI Benefits Attorney Today
Dealing with a disability can be one of the most frustrating things you have to battle in your life. If something happens to you and you are no longer able to work, you may qualify for SSDI benefits in the long run. At Gade & Parekh, LLP, we understand what you need and can help you apply for the benefits that can help. Reach out to speak to a valued team member and learn what your options are when it comes to SSDI benefits in Yuba County.