Stockton SSI Benefits Lawyer
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Stockton SSI Benefits Attorney
If you are seeking to obtain social security disability benefits in Stockton, California, it is important to have the right legal representation. A Stockton SSI benefits lawyer and defense attorney can help you navigate the complex system of social security disability benefits and fight for the benefits you deserve. At Gade & Parekh, LLP, our Stockton social security attorneys are experienced in helping clients who are struggling to obtain social security disability benefits due to a disability that prevents them from working.
Our SSI lawyers at Gade & Parekh, LLP are knowledgeable about the social security system and have experience representing clients in Stockton and the surrounding areas. Whether you are just starting the application process or have already been denied benefits, a Stockton social security disability lawyer and disability attorney can help you pursue the benefits you need to support yourself and your family.
Understanding the Difference: SSI v. SSDI
The Social Security Administration (SSA) runs two distinct programs that give financial aid to those with disabilities called SSI and SSDI. While they are both a part of the same government program, their eligibility criteria, benefits, and financing sources are very different.
The needs-based program called Supplemental Security Income (SSI) offers financial payments to people living with disabilities that have little money and few resources. An individual must fulfill certain criteria regarding citizenship, residency, and age in addition to having an impairment that prohibits them from working and supporting themselves.
In contrast, SSDI, or Social Security Disability Insurance, is an insurance program that offers payments to those who have paid into the Social Security system via their job but are no longer able to work as a result of a disability despite having worked. To qualify for SSDI, a person must fulfill certain age and citizenship criteria, have a condition that prohibits them from working and supporting themselves, and have accrued a particular amount of work credits.
Another key difference between SSI and SSDI is the way they are funded. SSI is funded by general tax revenue, while SSDI is funded through payroll taxes paid by workers and their employers.
The SSI Approval Process
The SSI (Supplemental Security Income) approval process can be complex and lengthy. It typically involves several steps, including:
- Initial Application. The first step in the SSI approval process is to submit an initial application to the Social Security Administration (SSA). This can be done online, by phone, or in person at a local SSA office. The application requires information about your disability, medical treatment, work history, and financial resources.
- Medical Evaluation. After submitting your initial application, the SSA will review your medical records and may schedule a medical evaluation to determine the severity of your disability and its impact on your ability to work.
- Disability Determination. Once the SSA has gathered all of the necessary information, they will make a determination as to whether you meet the eligibility requirements for SSI benefits. This determination is based on your disability, financial resources, and other factors.
- Appeals Process. If your initial application is denied, you have the right to appeal the decision. The appeals process involves several stages, including a request for reconsideration, a hearing before an administrative law judge, and further appeals to the Appeals Council and federal court.
It is important to note that the SSI approval process can take several months or even years, and it is not uncommon for initial applications to be denied. Working with an experienced SSI benefits lawyer can help you navigate the application process, ensure that all necessary documentation is submitted, and increase your chances of approval.
SSI and Back Pay
SSI (Supplemental Security Income) benefits may include back pay, which is retroactive payment for the period of time between the date you applied for benefits and the date that your benefits are approved. Back pay is intended to compensate you for the time that you were eligible for benefits but were not yet receiving them.
The amount of back pay you may receive depends on several factors, including the date you applied for benefits, the date your disability began, and the date your benefits are approved. In general, the longer the period of time between your application date and your approval date, the more back pay you may be eligible to receive.
Back pay is typically paid in a lump sum, which means that you will receive a single payment for the entire retroactive period. However, it is important to note that back pay may be subject to certain deductions, such as attorney fees or repayment of certain debts.
If you are eligible for SSI benefits and believe that you may be entitled to back pay, it is important to consult with an experienced SSI benefits lawyer who can help you navigate the application process and ensure that you receive the full benefits to which you are entitled, including any back pay that may be owed.
How a Stockton SSI Benefits Lawyer Can Help You
- Evaluate your case. A lawyer can review your case and help you understand your eligibility for SSI benefits. They can also advise you on how to proceed with your claim, including the types of evidence you will need to provide.
- Help with the application process. Applying for SSI benefits can be a complex process, and a lawyer can help you navigate it. They can assist you in completing the application accurately and on time, ensuring that all necessary documentation is submitted.
- Assist with appeals. If your initial application is denied, a lawyer can help you file an appeal. They can help you prepare and submit the necessary paperwork and represent you in front of the Administrative Law Judge (ALJ) at the hearing.
- Represent you at hearings. If your case goes to a hearing, a lawyer can represent you and present your case to the ALJ. They can also question any witnesses and cross-examine the testimony of the Social Security Administration’s (SSA) witnesses.
- Expedite the process. A lawyer can help expedite the application process by communicating with the SSA and ensuring that all necessary paperwork and documentation are submitted in a timely manner.
Social Security Disability Attorney FAQs:
Q: What Does an SSI Benefits Lawyer Charge?A: Under SSA regulations, SSI benefits lawyers are limited to charging a fee of no more than 25% of the retroactive benefits awarded to the client, up to a maximum of $6,000. Retroactive benefits are those that are awarded for the period of time between the application date and the date of approval. Any fees charged by the attorney must be approved by the SSA, and the attorney must provide a detailed itemization of the services provided and the fees charged.
Q: What Is the Most Approved Disability?A: According to the Social Security Administration (SSA), the most commonly approved disability for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are musculoskeletal disorders. These disorders include conditions that affect the muscles, bones, and joints, such as arthritis, back pain, and degenerative disc disease.
Q: What Can Deny You Disability?A: There are several factors that can lead to a denial of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Some of the most common reasons for denial include lack of medical evidence, failure to follow prescribed treatment, ability to perform other work, substance abuse, incarceration, failure to cooperate, and earning too much income.
Q: What Is Considered to Be a Permanent Disability?A: A permanent disability is a condition that is expected to last for a long time or for the rest of a person’s life and which prevents them from engaging in substantial gainful activity (SGA). Substantial gainful activity is defined as work that earns a certain level of income, which is currently set at $1,470 per month for non-blind individuals and $2,460 for blind individuals in 2023.
Q: At What Age Is It Easier to Get Disability?A: There is no specific age at which it is easier to get disability benefits. However, the Social Security Administration (SSA) recognizes that as people get older, it can become more difficult for them to adapt to new types of work, and their physical and mental limitations may become more pronounced. As a result, the SSA may consider age as a factor when evaluating disability claims.
How to Get the Disability Support You Need
If you are struggling with a disability and need help securing the benefits you deserve, contact Gade & Parekh, LLP disability benefits law firm today. Our experienced attorneys have a deep understanding of the Social Security disability system and can guide you through the entire process from start to finish. With our help, you can increase your chances of getting the benefits you need to support yourself and your family. Contact us now to schedule a consultation and learn how we can help you.