For residents of California, there are several different benefits programs that are available and intended to help those who struggle with disabilities or chronic medical conditions. If you are unable to work due to these conditions or disabilities, you might find yourself asking, “What are the rules for disability in California?”
You may be eligible to receive support from the state or federal government. At Gade & Parekh, LLP, our attorneys are here to help.
Defining Disability in California
In 2022, more than 4 million people, aged 16 or older, reported suffering from a disability. Many of these individuals will wonder if they are eligible to receive disability benefits through the Social Security Administration, or the SSA. In order to qualify for Social Security Disability Insurance benefits, or SSDI, you must first meet certain criteria, including:
- Having worked a job that was covered by Social Security
- Be dealing with a medical condition that meets the strict disability definitions of Social Security
- Have a disability that is defined in a different manner under Social Security than it is under other programs
In California, the disability rules only allow you to become eligible for SSDI benefits under the following circumstances:
- You are unable to do any kind of work or engage in any kind of substantial gainful activity because of your disability or medical condition
- You are unable to do any of the previous work you’ve done in the past or adjust to other forms of work because of your disability or medical condition
- Your condition has lasted or is expected to last at least one year or until your death
Cases vary when it comes to seeking disability benefits, which is why it is so important that, in order to correctly understand all rules, you speak with an attorney.
How an Attorney Can Help You Seek Disability
When you go to seek Social Security disability benefits, it is wise to do so with the help of a disability attorney. While an attorney’s help is not required by law in California, it can make all the difference when it comes to a successful outcome. At Gade & Parekh, LLP, our team of attorneys is here to help you seek disability in California by taking the following actions with you or on your behalf:
- Work to gather all necessary medical records and other forms of documentation that can help support your claim
- Obtain necessary evidence from your doctors who can support your claim
- Complete your initial application with your assistance and ensure that it is filed in a proper manner with the correct parties
- Advise you on how to build a medical record that can help support a finding of disability
- Attend any hearings that may become required and advocate for your position during that hearing
- Cross-examine any government witnesses who might be present at the hearing or seek favorable testimony from you or your own witnesses
- Appeal your claim should it initially be denied
- Take your case to federal court if such action becomes necessary
Under the disability rules of California, applying for disability benefits can be a stressful, overwhelming, and seemingly impossible task. Because of this, it is strongly encouraged that you seek an attorney who can help you navigate this difficult process.
About Gade & Parekh, LLP
For decades, the team at Gade & Parekh, LLP has been helping individuals across Southern California obtain the disability benefits they deserve. Whether you are in the application process or your first request has been denied, it is important that you reach out to a trusted Stockton Social Security disability lawyer who can review your case and do everything in their power to ensure you get the benefits you require. Trust our team to protect your rights to benefits.
FAQs
Q: What to Do If My Application for Disability Is Denied in California?
A: If you have applied for disability benefits through Social Security in California and your initial request has been denied, do not give up hope yet. You still have options. When your initial request is denied, it is wise to hire a disability lawyer who can review your denied application and help determine what went wrong, correct it, and help you appeal for a different decision.
Q: How Long Can It Take for Disability to Get Approval?
A: In California, the process of seeking disability benefits can last anywhere from a few months to several years, depending on the specifics of your situation. Keep in mind, the majority of disability benefit applications are denied, and your case may have to proceed to a hearing before you can even begin to receive the benefits you deserve.
Q: Are You Able to Receive Social Security Benefits Even If You Never Worked in California?
A: Typically, you cannot collect Social Security benefits if you have never worked. Around 4 million people in the United States have not worked a job in over 10 years. However, even if you have never worked a job before, you may still qualify for SSI, which is a needs-based program and is designed for individuals with a low annual income who suffer from certain disabilities.
Q: What Is the Difference Between SSI and SSDI?
A: In California, the main distinction between Social Security Disability Insurance, or SSDI, and Supplemental Security Income, or SSI, lies in their eligibility requirements and the kind of benefits each program offers. SSDI works to target individuals who have a long work history and have contributed in some way to the Social Security trust fund via their payroll taxes. SSI focuses on providing support to individuals based on need.
Hire a Disability Lawyer Today
If you are struggling to determine whether or not you qualify for disability, or your disability application has been delayed or denied, it is crucial that you hire a disability lawyer as soon as possible. At Gade & Parekh, LLP, our personal care and attention to each and every one of our clients is what sets us apart. We provide services for individuals throughout Sacramento County, Yolo County, and many more. Reach out to us today to schedule a free consultation.