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In order to be eligible for disability benefits under SSDI, you must have paid into the Social Security system through income tax deductions and also have a qualifying medical condition as determined by the Social Security Administration (SSA). Unfortunately, many applications are initially denied for a variety of reasons. By engaging the services of an experienced disability benefits attorney, your chances of obtaining benefits greatly improve.
At Peña & Bromberg, PLC we have a proven track of successfully fighting for the disabled throughout Central Valley, California and across the United States. Over our many years of practice, we have helped individuals who are suffering from a wide range of medical conditions obtain the disability benefits they deserve.
How Does the SSA Define Disability for SSDI Claimants?
According to the SSA, a person is disabled if she or he suffers from a physical impairment or mental impairment that has lasted or is expected to last 12 months or more or result in death. The claimant must also be unable to perform Substantial Gainful Activity (SGA). In particular, the SSA considers an individual disabled if a claimant (1) cannot perform the work he or she did before and (2) cannot adjust to other work because of his or her medical condition. Additionally, there are number of impairments that are included in the SSA’s listing of qualifying medical conditions, including but not limited to:- Degenerative disc disease
- Depression
- Bone and joint pain
- Lupus
- Osteoarthritis
- Rheumatoid arthritis
- Cancer
- Heart disease
- COPD
- Emphysema
- Asthma
- Diabetes
- Multiple sclerosis
- Blindness
- Post-traumatic stress disorder
- Anxiety disorders
- Intellectual disability
- Personality disorder
What Are Work Credits?
In order to be eligible, you must have earned sufficient work credits which are based on your total yearly wages or income derived from self employment. Generally, you must acquire 40 works credits to be eligible, 20 of which must come in the last ten years of employment before you became disabled. The amount of income needed for a credit is adjusted each year. Currently, one credit is earned for each $1,300 earned, and earning $5,200 will earn you four credits for the year.Am I Eligible for SSDI?
SSDI is available to those who have paid into the Social Security system, regardless of their financial resources. Generally, if you are currently working and your earnings average exceed the applicable monthly threshold, you are not considered disabled. Understanding SSDI work credit requirements and using tools like an SSDI work credit calculator can help determine your eligibility. If you are not working, then the Disability Determination Services (DDS) office will make a determination about whether your medical condition qualifies as a disability. This includes reviewing what medical conditions qualify for SSDI. In short, your condition must interfere with basic work-related activities for your claim to be approved. If it does not, your claim will be denied. Additionally, if your condition is severe, but not at the same level of severity as a medical condition on the SSA’s list, the DDS examiner must determine whether the condition interferes with your ability to perform the same work you did before. If it does, the DDS will determine whether you can adjust to another type of work. In this situation, the examiner will consider a number of factors, including your age, past work history, and any transferrable skills that you may have. If you cannot adjust to another type of work, your claim will be approved. If you are capable of performing another type of work, your claim will be denied. Ultimately, if your claim is approved, you will continue to receive disability benefits until you are able to return to work on a regular basis. In addition, the SSA has a number of rules, known as “work incentives,” that provide ongoing disability benefits and health care coverage but are designed to help you transition back to the workforce. If you’re wondering how to apply for Social Security, our team can guide you through the process, ensuring you meet all qualifying for Social Security Disability requirements.California Social Security Disability Benefits Attorneys
Given the complexities of navigating the SSA system and the strict eligibility rules for disability benefits, it helps to have an experienced attorney in your corner. At, Peña & Bromberg, PLC we are well versed in the SSA rules, the list of qualifying medical conditions, and have extensive experience helping our clients obtain the benefits they deserve. We will conduct a thorough investigation to determine whether you are eligible for Social Security disability benefits and work diligently to build a successful claim. Our team will guide you through the application process and help you collect the required medical evidence. In the event your claim is denied, we will continue to fight for you throughout the appeals process. Above all, we offer each client compassion and knowledge and a superior level of personal service. If you need assistance obtaining SSDI benefits, call our office today or complete the contact form on our website. Located in Fresno, Peña & Bromberg, PLC serves clients throughout Central Valley Califronia including San Francisco Bay, Oakland, Bakersfield, Madera, Stockton, Fresno, Sacramento, & Modesto. The office assists Social Security Disability and Veterans Disability clients nationwide. Member – National Organization of Social Security Claimants’ Representatives (NOSSCR).Eligibility for SSDI in California: Qualifications
What is SSDI?
Social Security Disability Insurance (SSDI) is a federal insurance program covered by Social Security that provides an insurance benefit to individuals who are unable to work because of a physical or mental impairment. This Social Security program guarantees income until their condition improves and ensures financial support if they are unable to return to work or transition into Social Security retirement later on. SSDI benefits are distinct from Supplemental Security Income (SSI), which provides a separate SSI benefit to those with limited income or resources.
How do you qualify for SSDI?
In order to be eligible for Social Security Disability Insurance (SSDI), you must have a physical or mental condition that prevents you from performing any substantial gainful activity (SGA). You must also be between 18 and 65 years old and have earned sufficient work credits by paying Social Security taxes and working at least 5 of the last 10 years. Your claim must be supported by medical evidence and meet the Social Security Administration’s (SSA) criteria for disability under the disability insurance benefits program. Individuals may also be evaluated for eligibility for SSI benefits if their income and resources are low, potentially allowing them to receive both SSDI and an SSI benefit.
What medical conditions qualify for SSDI?
The SSA maintains a listing of qualifying medical conditions known as the Blue Book. However, you may still qualify for disability benefits if your condition is not included in that listing, provided that it is medically equal to a listed impairment.
What medical evidence is required for SSDI?
Your claim must be supported by medical evidence which includes a doctor’s examination and treatment notes, mental health records, lab tests, radiological images (MRI, CAT scan and X-rays). The medical evidence must also be timely, accurate and sufficient.
How long does it take to apply for SSDI?
The time it takes to complete an application for Social Security disability benefits varies. Although the SSA claims an initial decision will be made within 3 to 5 months from the time the application it submitted, an approval or denial of an initial claim can take about 6 months. Additionally, about two-thirds of the initial applications are denied. The appeals process, including a reconsideration claim, a hearing before an Administrative Law Judge, and a review by the Appeals Council, can add months and years to the process. The SSA does have a fast track approval process for certain urgent cases, however, and the agency is taking steps to expedite the application process in general.
How long does it take to receive benefits?
The time it takes to begin receiving SSDI benefits depends on a number of factors, including whether your initial application is accepted. If the SSA approves your application, disability insurance benefits typically start the 6th full month after you first become disabled. In some cases, a disabled adult child may also qualify under a parent’s Social Security program coverage. However, if your case proceeds through appeals or to federal court, the process may take up to two years or longer.
How much money will I receive once my SSDI application is approved?
The amount of the benefit you will be awarded depends on a number of factors such as the amount of your earnings prior to becoming disabled, the gross monthly income of your household, and the number of dependents you have. If eligible for SSI benefits, you may receive an additional SSI benefit on top of your SSDI payments, depending on your financial situation.
Can a person still be working when they apply for Social Security disability?
Generally, you may still be eligible for Social Security Disability Insurance (SSDI) benefits even while working part-time, as long as you do not work more than 20 hours per week or earn above the maximum allowable monthly income. Keep in mind that your eligibility depends on whether your employment is covered by Social Security and whether your income remains below the substantial gainful activity (SGA) limit. If your earnings exceed this amount, you will not qualify for disability insurance benefits under the Social Security program.
Is it possible to receive both SSI and SSDI at the same time?
In some cases, it may be possible to receive SSDI and Supplemental Security Income (SSI) simultaneously, or “concurrent benefits.” This is only available to those who have been approved for SSDI with low monthly benefits, usually due to a limited work history and low wages. The SSA sets a limit on earned and unearned income. Provided that your SSDI benefits and other sources of income don’t exceed the SSI limit in your state, you may qualify for concurrent benefits, receiving both an SSDI benefit and an SSI benefit at the same time.
Do I need an attorney to apply for Social Security Disability Benefits?
Given the fact that the majority of initial disability benefits claims are denied, and the appeals process is lengthy and complicated, having proper legal representation will increase the likelihood that your claim will be approved.