San Joaquin SSDI Attorney
Let’s Talk About Your Case.
Contact us for a free consultation
San Joaquin SSDI Lawyer
Medical conditions and disabilities can prevent you from living your day-to-day life comfortably and can even prevent you from working. The added financial stress of medical costs, as well as lost income, can be exhausting. The Social Security Administration (SSA) provides benefits for qualifying disabled Americans, including through Social Security Disability Insurance (SSDI).
For some people, the idea of applying for the benefits is overwhelming. Understanding how these benefits work can make you or a loved one more comfortable with the process. Then, you can get the financial benefits you deserve in San Joaquin, CA.
Gade & Parekh, LLP: Legal Counsel for Social Security Disability Insurance
You can make applying for SSDI benefits easier by working with a qualified SSDI attorney. At Gade & Parekh, LLP, our attorneys have 40 years of working to represent those applying for benefits with the SSA. We can help you:
- Gather important documents
- File the correct papers
- Include the essential evidence
- Prove your disability
It’s important to us to support you from the beginning of your claim and give you the greatest chance at success the first time. Many SSDI attorneys represent you only after you’ve received a denial from the SSA. Our goal is to aid in your initial claim and try to get approval from the beginning. We work with you on every aspect of your application. We understand the SSA system and know the people handling your claim. That means we have the experience to make your claim as strong as possible.
Understanding SSDI vs. SSI
SSDI is also called Social Security Disability (SSD). SSDI and SSI, or Supplemental Security Income, are SSA programs that provide financial benefits to people who can’t work a job as a result of a disability or other condition.
The main distinction between SSDI and SSI is that they provide different types of financial benefits, and people applying must meet different requirements for each program.
SSI is a program based on need. Rather than being funded by Social Security taxes, SSI is funded by general taxes. It provides benefits to those unable to work who have low income and few resources. Gaining financial resources can stop someone from receiving these benefits.
SSDI is paid for through Social Security or FICA taxes. When you pay those taxes from your paycheck, you are insuring yourself in case of disability or injury. To receive SSDI benefits, you have to have been employed for a certain amount of time, during which you pay into SSA taxes. The exact benefits you receive are based on your age, when you were disabled, your income, and your earning capacity. When you reach retirement age while receiving SSDI benefits, they convert to SSI payments.
SSDI Requirements and Application
You are not required to have a maximum income and resources to receive SSDI benefits, but if you haven’t paid taxes to the SSA, you can’t receive SSDI benefits. You also need a specific amount of work credits for SSDI benefits. This exact number depends on how old you are and at what age you were disabled.
Work credits are earned based on income and hours worked in a year, but you can earn a maximum of four credits a year. For many applying for SSDI, the SSA requires 40 work credits, 20 of which were earned in the decade leading up to your disability or condition. If you are a younger worker who is applying for SSDI, the requirements are lower. If you were disabled under 24 years old, you could receive benefits with six work credits earned in the three years prior to your disability.
The SSA also requires SSDI applicants to have a disability that is recognized by the SSA or proven to be disabling. Your disability may be on the SSA’s list of disabilities, or you must prove that it limits your daily activities or prevents you from completing your previous work. The requirements include proving that your condition has made you unable to work for a minimum of 12 months or is expected to last 12 months or longer or result in death.
This doesn’t mean you should wait a year to file your claim. An SSDI attorney can help you determine if you are eligible for benefits. It’s important to get the benefits that you deserve.
Do I Need an SSDI Attorney in San Joaquin?
Having an SSDI attorney working with you throughout your application not only makes it easier but also makes approval more likely. Your attorney will be able to structure and draft an application that meets the legal requirements of the SSA and provides essential proof. Often, people receive denials for their SSDI applications because of simple errors in their filing. This wastes your time and money.
Working with an attorney will make approval more likely, and it provides you with guidance during the appeals process if the application is denied. An experienced attorney can help you navigate the Social Security system with ease to get the benefits you need.
Providing the SSA With Proof of Disability
It is a difficult process to get the first application for SSDI benefits approved. You must prove that you have a disabling condition that prevents you from working. Examples of qualifying disabilities or conditions include:
- Musculoskeletal conditions, like arthritis and chronic back pain
- Speech impairment, like language processing disorders
- Sensory impairment, including blindness and deafness
- Respiratory conditions such as asthma
- Neurological disorders like multiple sclerosis or epilepsy
- Cardiovascular disorders such as heart disease
- Gastrointestinal disorders like liver disease or IBS
- Blood disorders, including hemophilia
- Mental disorders like depression, anxiety, or BPD
You have to provide the SSA with proof that you have the disability, including medical documentation, records, and reports that outline the severity of the disabling condition.
If you are suffering a disabling condition that isn’t listed as a qualifying condition by the SSA, this doesn’t mean you can’t receive SSDI benefits. You have to take further steps to prove that it is impairing and/or disabling your daily life and work. An SSDI attorney can help you get the essential reports that outline:
- The condition’s symptoms
- Restrictions to daily life
- Limitations in life and work
Depending on your circumstances, it can be hard to get SSDI benefits. A qualified attorney can help you make the process easier.
What Is the Most Approved Disability?
The most commonly approved disability for SSDI benefits is arthritis. Arthritis is a common disabling condition and can prevent a person from walking or completing tasks like writing or holding objects.
Heart disease is another commonly approved disabling condition, as well as degenerative disc disease and respiratory illnesses like COPD.
How Much Will My SSDI Benefits Be?
- How much you paid to FICA and Social Security taxes
- Your income prior to the disability
- Your age when you were disabled
- How many work credits you earned prior to the disability
What Do I Do If My Claim Has Been Denied?
It’s not the end of the process if you receive a denial. It’s very common for SSDI requests to be rejected. This may be because of application errors, but even well-drafted and valid applications can be denied. The next step is to file a request for reconsideration. This is the first appeal that you can make.
It can be complicated to file an appeal. It must be done in a certain timeframe, or it will be automatically denied. A request for reconsideration will require additional proof of disability or other supplemental information that was missing in the first application.
If this appeal is denied, the next step is to appeal and receive a hearing with an administrative judge. Attending a hearing can be a stressful process for many people, and you will be asked questions by the judge related to your disability and restrictions. This is an opportunity to present documentation and evidence of your disabling condition and how it impacts your life. An SSDI attorney can prepare you for the process and represent you during the hearing. Legal representation takes the weight off you and provides you with a stronger case for why you need and deserve SSDI benefits.
Work With Gade & Parekh, LLP, Attorneys at Law
If you are unable to earn income and are paying for treatment or care to deal with a long-term disability or condition, it’s important that you get SSDI benefits as quickly as possible. If you are overwhelmed with financial stress and pain, you need legal assistance with filing your application for SSDI.
For legal support and guidance when applying for SSDI benefits, turn to Gade & Parekh, LLP. We can help you determine your eligibility, the amount you’re likely to receive, and gather documentation of your disability. We work with you through every stage of the process, from the initial application to appeals to administrative hearings. Contact our team today to see how we can help you earn benefits.