343 E Main St #317
Stockton, CA 95202
Phone: (209) 266-2464
Hours: Monday – Friday, 8:30AM – 12PM; 1PM-5PM
Social Security Disability Attorney in Stockton, CA
If you are disabled and unable to work, you may qualify to receive Social Security Disability (SSD) benefits. Unfortunately, applying for SSD benefits can be complex and confusing.
However, a knowledgeable disability attorney can help increase your chances of being approved. The Law Offices of Jonathan O. Pena is a disability law firm that has helped many disabled people in Stockton, CA, get the benefits they need and deserve.
If you need disability benefits, contact the Law Offices of Jonathan O. Pena today to schedule a free consultation with our experienced disability lawyers in Stockton, CA. We will review your case and let you know if we think you have a good chance of being approved for benefits. We will help you gather the necessary medical evidence and file your disability claim if we believe you do.
The disability approval process can take several months, so having an experienced SSD attorney by your side is crucial. Reach out to us today at (559) 439-9700.
The SSDI Eligibility Process
To be eligible for Social Security Disability Insurance (SSDI), you must have worked and contributed to the Social Security system in the past. In addition, you must have a medical condition that meets the Social Security Administration’s (SSA) criteria for disability.
The SSA determines disability as the inability to engage in a considerable gainful activity (known as SGA) due to a mental or physical impairment. This impairment should have expectations of lasting or have lasted for a minimum of one calendar year or result in death.
To be considered disabled under this definition, you must have a physical or mental impairment that:
- prevents you from doing the work you did before
- prevents you from doing other types of work (due to your age, education, or work experience)
- is expected to last for a minimum of one calendar year or result in death
If you meet these requirements, the next step is to determine if your impairment(s) prevents you from performing any SGA. To make this determination, the SSA will consider its policies according to the SSDI eligibility requirements.
Are you unsure if you meet the SSA’s definition of disability? Are you having trouble getting approved for benefits? If so, contact our disability attorneys in Stockton, CA, today. The Law Offices of Jonathan O. Pena can help you navigate the SSDI approval process and get the benefits you need and deserve.
SSDI Denial Process
Unfortunately, most initial SSDI applications are denied. The most common reason for rejection is insufficient work credits. However, applications can also receive a denial due to errors in the application, lack of supporting medical evidence, or because the applicant’s income and assets exceed the limit set by the SSA.
If your SSD application is denied, you have the right to file an appeal. Unfortunately, the appeals process can be complicated and confusing. However, our experienced SSDI attorney can help you navigate it and give you the best chance of getting your benefits approved.
SSDI Appeals Process
The appeals process has four levels:
- Hearing by an administrative law judge
- Appeals Council review
- Review by the Federal court
Most appeals are decided at the Reconsideration level. During this stage, someone who did not make the initial decision on your application will review your case. If your appeal receives a denial at the Reconsideration level, you can request a hearing before an administrative law judge.
You and your attorney can present evidence and argue your case at the hearing. The administrative law judge will then decide on your appeal. If your appeal receives a denial at the hearing level, you can request a review by the Appeals Council.
The Appeals Council can decide to review your case or deny your request. You can file a lawsuit in federal court if they reject your request. An experienced SSD attorney can help you navigate each step of the appeals process and give you the best chance of getting your benefits approved.
If you are considering appealing a denial of SSD benefits, contact the Law Offices of Jonathan O. Pena today.
Our SSI Lawyers in Stockton, California
Alongside helping clients receive disability insurance, the Law Offices of Jonathan O. Pena also represents those who need Supplemental Security Income (SSI), a financial, needs-based program. To qualify, you must be 65 or older, blind, disabled, or have limited income and resources.
If you think you may qualify for SSI, the first step is to contact us for a free consultation. We can help you determine if you meet the program’s requirements and, if so, help you obtain benefits.
Schedule a Free Consultation with our Disability Lawyers in Stockton, CA
If you are disabled and unable to work, you may be entitled to Social Security Disability Insurance (SSDI) benefits. Unfortunately, applying for and getting approved for these benefits can be a bit of a headache. However, our SSD attorneys in Stockton, CA have years of experience navigating the Social Security disability law, and we can give you the best chance of having your benefits approved.
At the Law Offices of Jonathan O. Pena, we have a proven track record of helping our clients get the SSDI benefits they need and deserve. We offer each client superior legal advice, compassion, and a superior level of personal service. Over the years, we have gained much recognition as dedicated advocates of people needing disability benefits and for helping our clients receive the benefits they deserve.
Call our law office at (559) 439-9700 to schedule a free consultation. Our Social Security disability lawyers can help you understand the SSD process and give you the best chance of getting your benefits approved.