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Elk Grove SSI Benefits Lawyer

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Elk Grove SSI Benefits Attorney

Social Security is one of the most crucial systems available to almost everybody in the US. It serves not only as compensation for a lifetime of hard work but also as a type of disability insurance safety net for anybody who may need it. However, it can be a daunting task to file for Social Security benefits. By contacting an Elk Grove SSI benefits lawyer and defense attorney, you can rest assured that you’ll know your legal rights and what you are owed.

At Gade & Parekh, LLP, our attorneys have years of experience and a proven record of success. We’re thoroughly prepared to demonstrate our commitment to excellence by providing you with outstanding legal representation. We’re invested in your well-being, and we don’t receive payment until we win benefits on your behalf. If you’re seeking Social Security Income benefits, our experienced, skilled lawyers are more than willing to assist you.

Elk Grove SSI Benefits Lawyer

How Do I Qualify for Social Security Benefits?

Qualifying for Social Security benefits requires only the following conditions to be met:

  • You have recently worked at a job that is covered by Social Security. Most people meet this condition, as it is exceedingly rare to work at a job that is not covered. You can tell if your job was covered by checking a pay stub and seeing that you were paying for Social Security.
  • You have worked over a period of time that earns you enough Social Security work credits. These credits are based on total annual wages. If you are self-employed, you can earn a total of four credits each year from your income. Most people need about 40 credits, with half of those credits needing to be achieved within the last 10 years. Depending on your state, this may not be required unless you are filing for Social Security Disability Income.
  • You have chosen to retire at the age of 62. All US workers who have been paying Social Security taxes are able to receive benefits at 62, which is the age of retirement, regardless of any medical conditions. It’s important to talk to a trusted SSI Benefits lawyer to know what benefits you’ll be receiving before you choose to retire, as these benefits may differ depending on the state you live in.
  • You have a medical condition that the Social Security Administration deems a disability. The administration tends to follow a strict set of rules that largely come down to whether your job is now impossible to do as a result of your medical condition, whether your condition is severe, or whether you work any other type of job.

What Are My Social Security Benefits in Elk Grove?

It’s important to know your legal rights when filing for Social Security so that you can know what you are eligible to receive. The state of California offers several benefits to all residents who qualify for Social Security benefits. These benefits may include:

Medical Assistance (Medi-Cal)

Anybody in California who is able to qualify for Social Security benefits typically receives a type of medical assistance, called Medi-Cal, automatically. Medi-Cal covers most medical needs, such as prescription drugs, transportation to and from different medical facilities, dental care, and more.

Food Assistance (CalFresh/SNAP)

California residents in need of assistance with receiving groceries or proper nutrition and who are eligible for Social Security benefits can apply for the Supplemental Nutrition Assistance
Program or SNAP. Sometimes also known as CalFresh or food stamps, this program essentially allows people in need to pay for more nutritional food or a higher quantity of food at no cost to them.

Social Services

Many people in California are also entitled to a number of social services and resources. These additional benefits include domestic and personal care services, substance abuse services, disability services, and more.

What Is Supplemental Security Income?

In addition to other benefits such as medical care, all Social Security-benefits-qualifying citizens receive a monthly Supplemental Security Income in addition to savings. This income is meant to offset the costs of living without a source of income and may change depending on a number of factors, including the US state of residence, age, available resources, marriage status, disability status, and residency in a Medicaid facility.

Knowing what your California SSI payment will be is fairly simple, but knowing what benefits you qualify for can be complex. To know what benefits you qualify for or what your monthly SSI payment should be, talk to an experienced SSI benefits attorney to learn more.

What Is Social Security Disability Income?

Social Security Disability Income (SSDI), much like Social Security Income, is a type of benefit for those who qualify for Social Security Benefits. Unlike SSI, SSDI is based purely on one’s disability, as well as the number of work credits they have earned. Additionally, SSDI income is, on average, a higher dollar amount in terms of monthly benefits.

How Do I File for SSI?

Filing for SSI or SSDI can be a rather lengthy process, but luckily, it is fairly straightforward to understand with the help of a lawyer. After you have confirmed that you qualify for Social Security benefits, you may:

Gather Your Documents and Other Paperwork

To file for SSI, you will need the following documents:

  • Social Security number and proof of age
  • Proof of marriage in the event your spouse is also applying for benefits
  • Contact information for all medical professionals you have seen
  • Any and all medical records pertaining to the claim
  • Types and dosages of medications taken
  • Testing or laboratory results
  • Work history, including what you did and where you worked
  • Federal tax returns or W-2 forms, as applicable

Collecting these documents may sometimes prove to be a difficult step in the filing process, but it is one of the most important things to do. It directly affects what benefits you are entitled to and could even prevent you from receiving any compensation at all. It is crucial to submit as many of these documents as possible to ensure that you will receive all of your Social Security benefits, including SSI.

These same documents are also required if you are filing for SSDI, but this may require additional documents, such as medical history.

File Your Application

After you’ve gathered all of the above documents, you can then fill out your application online or in person at your local Social Security Administration office. If you are not sure how to fill out this application or are not confident in your ability to fill it out, it is advised that you seek out a Social Security attorney to help you gather your documents and file your application on your behalf.

Interview With the Social Security Administration

If you are filing for SSDI, it is common that you will need to complete an interview with the Social Security Administrative office about your disability, work history, and any other information they need. While less common than filing for SSDI, SSI claims may also have an interview. This process is often done over the phone but is also available by appointment in person.

Allow the Social Security Administration to Review All Documents

Waiting is one of the hardest parts of applying for Social Security benefits. It can be nerve-racking to have to wait three to five months to receive a decision about what benefits you may be eligible for if any at all. While this waiting period is normal, it is helpful to know what benefits you are eligible for before filing so that you can adjust accordingly.

Receive Benefits

After the Social Security Administration has reviewed all relevant documents and assessed your interview, they may send you a notice of approval notifying you of what benefits you will be receiving. Typically, you will begin to receive SSI or SSDI within 60 days of your approval, with payments occurring on the first of every month.

What if My SSI Claim Is Denied?

If your Supplemental Security Income claim has been denied, you should contact a Social Security Defense Attorney immediately, as you may want to appeal the Social Security Administration’s decision. A lawyer is crucial since the appeals process can be quite daunting and lengthy, and it often requires a hearing.

Hiring a Social Security Defense attorney is one of the most effective ways to ensure you receive benefits in Elk Grove, CA. To appeal the Social Security Administration’s decisions, you may want to do the following:

File for Reconsideration

Before an appeal hearing, you or your attorney must first file a request for reconsideration. This can be done online, in person, or by mail and must be done within 60 calendar days of receiving your initial claim denial. During reconsideration, the Social Security Administration will review all of the submitted documents and may conduct another interview. Next, they will either grant benefits or, once again, submit a letter of denial.

Request a Hearing

Within 60 calendar days of receiving a letter of denial from the Social Security Administration, you or your attorney must request a hearing before a judge. This can be done online, in person, or by mail. From here, you can choose whether or not to appear in front of a judge.

If you choose not to appear in the hearing, the judge will perform the same duties as the Social Security Administration and carefully review any and all filed documents.

If you do choose to appear, you or your attorney will show up to the hearing to present your claim before the judge, including all of the documents filed, as well as additional context, testimony, and objections as to why you believe you should receive your benefits. After this hearing, the judge will send you and your attorney a hearing decision.

Appeals Council and Federal Court

While it is unlikely that you will have to go to an Appeals Council or to a Federal Court, it is important to understand what to do in that event. If a judge does not rule in your favor, you can request that an appeals council review the claim and any new evidence that may change the judge’s decision.

Typically, they may send the claim back to the judge for further review and action. If, however, they reject the case or once again rule unfavorably, you may submit the Appeals Court decision to the Federal Court, which will make a final decision.

Why Do I Need a Social Security Benefits Lawyer?

Hiring a Social Security Benefits Lawyer is crucial to securing your legal compensation from the Social Security Administration. A lawyer can help you put together all the documents needed for your Social Security claim, help you understand the filing process, and work to secure you the highest amount of financial compensation possible for your SSI or SSDI.

Additionally, hiring a lawyer is the most effective way to appeal the Social Security Administration’s decision about your benefits, especially if you were previously filing on your own. They can restructure your files to present a better argument for you, represent you in court, and, in some cases, even have your claim processed faster.

What Is the Most a Social Security Lawyer Will Charge?

Legally, social security lawyers can only charge a maximum of $7,500 or no more than 25% of your back-due benefit, whichever total is less. Back-due benefits are compensation for what benefits would have been provided from the time of the notice of approval to the time the claim is settled. Therefore, if you were to file a disability claim that had back-due benefits totaling $100,000, your lawyer could not take $25,000. Instead, they could only charge $7,500.

Contact a Social Security Defense Attorney

If you or a loved one needs to file for Social Security benefits or needs assistance in gaining SSI or SSDI, contact Gade & Parekh, LLP. We can help you file your Social Security claim to secure your benefits. From disability claims to appeals, we have a history of success and won’t charge you until you obtain benefits. Contact an Elk Grove Social Security defense attorney today.

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