Foothill Farms SSDI Lawyer
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Please note: We only handle disability claims and do not handle retirement issues
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Foothill Farms SSDI Attorney
When you have worked for a significant portion of your adult life, it can be challenging to face an illness or injury that leaves you unable to continue working. When you have paid into disability insurance, you expect to receive the benefits from your diligence when you need them. If you are starting the process to apply, or have been denied and want to appeal, a Foothill Farms SSDI lawyer can help you submit your application or appeal request.
Hire an SSDI Lawyer
The process to apply for Social Security Disability Insurance (SSDI) benefits can be challenging. There are specific requirements that have to be met and strict deadlines to follow. When you hire an SSDI lawyer, they can help you meet these requirements. At Gade & Parekh, LLP, we have over 4 decades of experience helping our California clients apply for SSDI benefits. Our team is dedicated to delivering results for you during this difficult time.
SSDI Recipients in the United States
The Social Security Administration tracks SSDI beneficiaries throughout the country. As of December 2024, there were 8,615,659 Social Security disability benefit recipients in the United States. Of these recipients:
- 83.9% were disabled workers
- 13.8% were disabled adult children of workers
- 2.3% were disabled widows or widowers
If you have to attend a hearing when applying for SSDI benefits, Foothill Farms residents can attend a telephone or video conference or appear in person at the Sacramento Office of Hearings Operations (OHO).
Steps to Determine SSDI Eligibility
SSDI benefits are not guaranteed for everyone. You have to meet eligibility requirements before you apply. You have to pass both the Recent Work Test and the Duration of Work Test to be eligible for SSDI benefits. If you do not meet these requirements, your application is automatically denied. The requirements include:
- A recent work history
- Length of work history
Recent work history is determined by the Recent Work Test. Workers under age 24 have to have one and a half years of work history during the last three years. Workers aged 24 to 30 need to have worked at least half of the time since turning 21. Workers aged 31 or over must have worked 5 out of the last 10 years.
The Duration of Work Test determines the length of work history. Generally, if you are under the age of 43, your length of work is the same as your recent work. After age 43, the length of work increases by half a year every year until you reach age 60.
Steps to Determine If You Have a Disability
When the Social Security Administration has to determine if an applicant’s disability qualifies them for disability benefits, they ask five questions. These five questions are:
- Are you working and earning more than the current level of Substantial Gainful Activity? If you are, you are not considered disabled.
- Is your condition considered severe? Your condition has to limit your ability to perform basic work tasks for at least one year or result in death.
- Is your disability on the Social Security Administration’s list of impairments? If it is not, a determination is made on whether your condition is severe enough to qualify.
- Can you do the same work you previously performed?
- Can you perform any other types of work?
FAQs
Q: What Is the Maximum Back Pay for Disability?
A: The maximum back pay allowed when awarded disability benefits is 12 months. This limit applies regardless of how long you were disabled before applying for benefits. There is also a mandatory five-month waiting period before benefits are first paid in the sixth month. The 12-month retroactive benefits period includes the time it takes to apply for benefits and appeal a denial, if the initial application is denied.
Q: What Are the Odds of Winning a Social Security Disability Hearing?
A: The odds of being successful in a Social Security disability hearing can be greater than the odds of being approved for benefits from the initial application. Being represented by an SSDI attorney during a disability hearing can also increase the odds of being approved for disability benefits. Presenting thorough medical documentation of your disability, specific examples of how it limits your ability to work, and evidence of compliance with your treatment plan also increases approval odds.
Q: What Is the Most an SSDI Lawyer Can Charge in California?
A: The most an SSDI lawyer can charge in California is 25% of your awarded back pay or $9,200, whichever amount is lower. Attorney fees in SSDI cases are federally set and reviewed by a court for every claim. This is a contingency fee that is paid only if back pay is awarded. If no compensation is awarded, no fee is required.
Q: What Are the Signs You Won Your SSDI Hearing?
A: There is no clear indicator that you have won your SSDI hearing, but there are some signs that point toward a favorable outcome. The only clear indicator is if the judge makes a bench decision to approve your benefits. Otherwise, cases tend to be approved when a Vocational Expert testifies that there are no jobs available for someone with your disability or when the judge limits the number of questions at your hearing due to having enough evidence.
Q: How Long Does an SSDI Claim Take to Process?
A: The length of time an SSDI claim takes to process is contingent on several factors. Claims that are decided favorably during the initial application take considerably less time than claims that require a hearing and those that are denied and then appealed. The thoroughness of your medical evidence can also affect how long your claim takes. Claims that require additional documentation typically take longer. Areas with high backlogs also take longer.
Contact Gade & Parekh, LLP
Filing a SSDI claim alone can be difficult and is more likely to lead to a denial than a claim filed with the help of a qualified Foothill Farms SSDI attorney. Our team can advocate for your interests and check that your medical documentation and application are accurate and submitted by the required deadline. Contact Gade & Parekh, LLP today to schedule your initial consultation.