Social Security Disability Help
Have you filed your application? Have you been denied? Wherever you are in the process, we are here to assist you.
Social Security Disability Attorney
Servicing Cities Throughout Orange County California
Fact: The vast majority of Social Security and Disability claims are denied the first time around.
The social security and disability system is laden with bureaucracy and red tape triggers automatic denials of claims. Even are actually entitled to compensation you denied based on technicality or inadvertent "wrong" answer. We strongly advise you to seek the advice of an experienced social security and disability law professional should you encounter denial of compensation.
Should I Apply for Social Security Disability Benefits?
If your situation matches the ones shown below, are most likely entitled to benefits whether you previously denied or not:
- Are you lucratively employed? No
- Do you have a severe disability? Yes
- Will your disability last 12 months or possibly result in death? Yes
- Does your mental and/or physical impairment prevent you from holding a full time job? If yes, you qualify. If no…
- Are you able to be employed doing some type of work? No
Kenneth G. Marks
Social Security Disability Attorney
How Long Does A Typical Disability Appeal Take?
- Initial Determination - 120 days and 35% Succeed
- Reconsideration Determination - 90 days and 13% Succeed
- Hearing - 365 days and 43% Succeed
- Appeals Council - 160 days
- Federal Court - 540 days
**These are approximate national average completion times**
Frequently Asked Questions (FAQs)
In the context of disability benefits, many individuals have questions about their eligibility and what happens during the process. A knowledgeable Orange County Social Security Disability attorney can help you answer these questions and assist you throughout the claims-filing process.
What happens at a hearing?
They are private, and held in a small conference room, they generally last an hour or so. You will be asked about your training, daily activities, symptoms, education, limitations, and work experience.
What if I file my disability appeal late?
If you haven't filed your appeal within the allotted time on the denial letter, you have to start over with a brand new claim. That new claim will most likely result in the loss of back benefits.
What disqualifies a person from disability?
You can be disqualified from recovering SSDI benefits if you can engage in gainful employment or if you did not pay into the system for a sufficient number of years. You can be barred from SSI benefits, or your benefits can be reduced if you receive a financial windfall, such as a financial settlement from a car accident claim.
What should I not say in a disability interview?
During a disability interview, it’s a good idea to refrain from saying any of the following:
- I cannot find work.
- I am not currently under medical treatment for my disability.
- I have a criminal history or a history of abusing drugs.
- I frequently go for walks and perform household chores.
- My pain is unbearable and severe.
When should I apply for social security disability benefits?
Unless you have an obvious long-term disability, the best time to apply for your Social Security disability benefits is between 6-9 months after you cease employment. To apply, you can call the SSA at 800-772-1213 or visit www.socialsecurity.gov/applyfordisability.
How can I increase my chances of getting disability?
You can increase your chances of recovering disability benefits by ensuring that you have sufficient medical documentation to support your application – and by retaining a skilled Orange County Social Security Disability attorney to represent you throughout your case.
How much is a disability attorney fee?
When it comes to attorney fees in disability cases, a lawyer may not ordinarily take more than 25 percent of your back pay – or a maximum of $7,200 – whichever number is less. The average attorney fee in a disability case is approximately $3,750. In very limited situations, a lawyer can pursue more than the $7,200 cap, such as when a client fires their lawyer and hires another one.
How long might I have to wait for a disability hearing?
It is possible to take up to two years from request until a hearing is held and a verdict issued, but that time varies from state to state.
Call an Orange County Social Security Disability Attorney Today
If you currently suffer a long-term injury or illness that prevents you from working in any capacity, you should have qualified legal representation in your corner at every stage of your case. Having a skilled attorney on board increases your chance of recovering the disability benefits you deserve as efficiently as possible. If you ultimately incur a claim denial, a knowledgeable Orange County Social Security Disability attorney can help you appeal that denial.
Helping Residents of Orange County, California, Obtain the Disability Benefits that They Deserve for Their Long-term Injury or Illness
Individuals sometimes suffer from long-term illnesses and injuries that prevent them from working in any capacity for at least one year. When that happens, they may be eligible to recover several types of disability benefits, depending upon their individual circumstances. A Social Security Disability attorney in Orange County can determine your eligibility for these benefits and can help you pursue a claim.
Available benefits include Social Security Disability Insurance (SSDI) benefits and Social Security Income (SSI) benefits. Not everyone is entitled to receive these benefits, and entitlement is extremely case-specific and circumstance-specific.
If you currently suffer from a long-term disability, illness, or injury, you should contact an experienced Orange County Social Security Disability attorney as quickly as possible. Your lawyer can discuss your illness/injury and work circumstances with you to determine your eligibility. If you are eligible to recover benefits, your attorney can help you file the appropriate claim or take the necessary action if your benefits claim is denied.
The Social Security Disability Process in Orange County
When it comes to pursuing SSDI or SSI benefits in Orange County, California, the process is oftentimes tedious and time-consuming. An Orange County Social Security Disability attorney will be best equipped to gather the documents that you need and help you file your application. Potential documents may include copies of your medical treatment records in which a doctor indicates in writing, and to a reasonable degree of medical probability, that your long-term injury or illness prevents you from working in any capacity.
In addition to gathering the necessary medical documents for you, your attorney can help you complete the application package, which is available online.
It is not unusual in an SSDI or SSI case for the applicant to receive a denial – at least initially. These denials frequently happen when applicants make a mistake on their application or when they do not include sufficient medical documentation in their application package. If your application is denied, a Social Security Disability attorney in Orange County can help you file the necessary appeals and aggressively pursue the disability benefits that you deserve to recover.
Applying for Disability Benefits
Social Security Disability Insurance (SSDI)
First, individuals can pursue Social Security Disability Insurance (SSDI) benefits. These benefits are available to people whose mental or physical disabilities prevent them from working in any capacity at a substantial gainful activity (SGA).
To be eligible for these benefits, the person must have a qualifying disability. In addition, they must have paid into the system for a sufficient period of time. The amount of SSDI benefits that a person will receive depends upon the amount of money they earned previously, as well as the length of time they worked.
Supplemental Security Income (SSI)
In addition to SSDI benefits, individuals may be eligible to recover Social Security Income (SSI) benefits. These benefits are available to low-income individuals who have serious disabilities. Unlike SSDI benefits, the federal government does not require a person to have a specific number of work credits to qualify for SSI. Amounts of SSI benefits can vary from case to case and may be subject to reduction (or elimination) if they have another source of income.
A knowledgeable and experienced Orange County Social Security Disability lawyer can determine your eligibility for SSDI or SSI benefits based on all of your circumstances. If you are eligible to recover one of these types of benefits, your attorney can assist you throughout the process and help you file the necessary application.
We Can Help You Through the Entire Disability Process
Failing to have experienced legal representation in your corner throughout your disability case can be a very serious mistake. In fact, individuals who try and file their disability claims alone oftentimes face a claim denial, potentially leading to an appeal. A knowledgeable Orange County Social Security Disability attorney, on the other hand, can help you take the necessary steps to successfully assert your claim and pursue the monetary benefits you need.
First, a disability benefits lawyer can help you gather the necessary documents. Arguably, the most important documents in a disability case are medical records. For your disability claim to be successful, you must have a qualified medical provider on board in your case.
In the medical records, a healthcare provider must be willing to state that your long-term or permanent illness/injury prevents you from working at any job or in any capacity. If the medical records do not make that statement, it is very likely that your claim will be denied.
In addition to helping you gather the medical records and other documents that you need for your disability claim, your disability attorney can help you complete your application materials and ensure that everything is accurate and correct. Once you complete the application, your attorney can review it and make sure that it meets the minimum requirements for obtaining disability benefits.
In the case of SSDI benefits, your lawyer will make sure that you worked the required number of years to pursue these benefits successfully. Finally, your lawyer will review any work activities that you currently perform and assess whether or not those activities may affect your ability to collect disability compensation.
Once your disability benefit application materials are complete, your attorney can submit the application to the California Disability Determination Services Office. At that point, the state agency will determine whether you are entitled to recover disability benefits. If you are entitled to benefits, the Office will make an assessment as to the amount of benefits you may receive per month.
Moreover, it is not unusual for disability benefit applications to be denied the first time around. In most instances, this denial happens because of insufficient medical documentation. A denial letter must explain the reason or reasons why your benefits application has been denied. It must also set forth the steps you must take to appeal the benefits denial. You will then have an opportunity to add additional documentation for consideration.
If your claim for benefits is denied, you will need to attend a hearing. During your administrative hearing, an administrative law judge (ALJ) will review your request for disability benefits and will look at any additional medical documentation that you provide.
In Orange County, an average person must wait approximately 19 months for a hearing. These appeal hearings occur at the local Office of Hearing Operations (OH). Given the significant amount of time it can take to appeal a benefits denial successfully, you should have a knowledgeable Orange County Social Security Disability benefits lawyer on board in your case as quickly as possible. Your lawyer can guide you through every step of the process and represent you during an appeal hearing. Your lawyer will strongly advocate for your legal rights and work to get you the disability benefits that you need and deserve.