Please note that Gade & Parekh, LLP remains open at this time during the COVID-19 pandemic. We are currently accepting new clients and are actively assisting our current clients with all ongoing case needs. Although we are unable to meet with clients in person at this time, we are happy to conduct appointments by telephone or video conference for the safety of our clients and staff. We remain dedicated in providing caring and personalized legal representation.

Lincoln Social Security Disability Lawyer

Lincoln Practice Areas

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Please note: We only handle disability claims and do not handle retirement issues

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Lincoln Social Security Disability Attorney

Living with a disability often places significant restrictions and limitations on a person’s daily life. When a condition limits a person’s ability to provide for themselves and their family, it can be stressful and devastating. If you are in this position, a Lincoln Social Security disability lawyer at Gade & Parekh, LLP, can help you through the process of applying for Social Security benefits.

Who makes the final decision on Social Security disability?

Understanding Social Security Disability

Social Security disability is a federal option for those suffering from a severe physical or mental health problem that prevents them from working. Through Social Security disability, applicants have the possibility of receiving financial aid to assist with living expenses. There are two different types of Social Security benefits.

The first is Social Security Disability Insurance (SSDI). This is based on your work history and the amount of taxes you have paid to Social Security. The second is Supplemental Security Income (SSI). This is based on your work history and is meant to support the needs of those who have limited income and resources.

To qualify, the person’s condition must prevent them from working. It must also last at least 12 months or be expected to result in death.

In December 2023, more than 8.7 million beneficiaries received disability benefits, totaling about $12.7 billion. One out of every eight of these recipients also receives SSI payments.

Disabilities Covered by Social Security Benefits

According to Social Security disability laws, not every condition qualifies for benefits. Additionally, the state of the disability is also a factor. For example, a cancer diagnosis does not automatically qualify for benefits, but it may if the cancer meets certain conditions, especially if it is late-stage. Generally, the following must be met:

  • You must have an impairment that is mental or physical in nature.
  • The impairment must cause you to be unable to perform basic work duties.
  • The disability must be expected to either result in death or last at least 12 months.

This can be rather complicated. Certain illnesses, like terminal cancers, congestive heart failure, and late-stage kidney disease, are obviously incapacitating. Others, such as degenerative diseases or persistent back pain, might not initially appear incapacitating but eventually worsen. Detailed medical records and doctor-attested statements are frequently needed to demonstrate this advancement.

Disability Evaluation

When the Social Security Administration (SSA) reviews your application, it will typically evaluate your condition based on a number of criteria. First, they look at your recent earning history. If, at the time of review, you are making more than $1,620, you will generally not be considered disabled.

Next, they will determine if your condition is severe enough to inhibit you from performing basic work tasks. This can include sitting, standing, and lifting. If it is, they will look to the Blue Book to see if your condition is listed as a disabling condition. If your condition is not listed in the book, the office will determine whether it prevents you from doing the same type of work you did in the past.

If you cannot return to your previous job, the office will assess whether you can do another type of job while taking into consideration your age, education, and skill set. If it is not an option for you to perform any other type of work, you will likely be considered disabled.

Hire a Social Security Disability Lawyer

At Gade & Parekh, LLP, we understand how overwhelming it can feel to face the Social Security disability process on your own. Claims are often denied the first time, and many people find themselves lost in paperwork, deadlines, and confusing requirements. That’s where we come in.

Your Lincoln Social Security disability attorney from our firm can pursue the benefits you need. We understand Social Security disability laws and can help you gather the information you need, such as medical records and doctor statements. We can also prepare you for hearings and represent you before a judge if necessary.

Our team has guided countless clients through hearings held near the Placer County Superior Court, so we know what it takes to present strong Social Security disability cases.

We treat our clients with the compassion they need while fighting for the benefits they have earned and deserve. If you’re unable to work due to illness or injury, we can help you move forward with dignity and peace.

FAQs

Q: How Hard Is It to Get Disability in California?

A: Getting disability benefits in California can be hard. Most applicants are denied on the first try. Many people who apply are denied and must go through the appeals process. This can take a long time to resolve. When you hire a Social Security disability lawyer, they can significantly increase your chances of approval.

Q: What Is the Five-Year Rule for Social Security Disability?

A: According to Social Security disability’s “five-year rule,” if you were previously eligible for disability payments and you become disabled again within five years of your previous approval, you might have your claim processed more quickly. This keeps you from having to start from the beginning again. It also makes it possible for Social Security to take your past medical records and employment credits into account more effectively.

Q: What Should I Not Say in a Disability Interview?

A: In a disability interview, you should not tell lies about your condition. However, you also do not want to downplay your condition. Do not say that you can still work or that your condition is not bad. However, you do not want to exaggerate your condition or your symptoms either. The key is to be truthful with the facts and avoid matters of personal opinion.

Q: What Is the Most Approved Disability?

A: The most approved disabilities are those that clearly prevent a person from working. Some of these include terminal illnesses, especially in later stages, such as certain types of aggressive cancers. Other conditions that are often approved include arthritis and back injuries. Certain mental conditions are also approved, depending on the circumstances, such as schizophrenia.

Contact Gade & Parekh, LLP

If you have a disability that is preventing you from working, Gade & Parekh, LLP, can secure the benefits you need. Contact us for a consultation.

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