California Social Security Disability Lawyer

California Social Security Disability Attorney

For disabled individuals in California, Social Security Disability (SSD) programs can provide essential financial assistance when they are unable to do sufficient work. In addition to the federal disability programs offered by the Social Security Administration (SSA), the state of California gives disabled people access to programs that provide further support. If you seek disability benefits, a California Social Security Disability lawyer can help you apply to the programs you qualify for.

Choose Walker Disability Law

Choosing the right legal representation is essential to the outcome of your disability case. At Walker Disability Law, we are dedicated to helping our clients secure the disability benefits they deserve. We know that individuals with disabilities can face many challenges. We put all our efforts into making sure our clients obtain the support they need to make their lives somewhat easier for as long as possible.

We are committed to providing personalized representation to our disability clients, leading with compassion, and taking the time to understand every unique situation. Jared Walker can assist clients in every phase of the SSD process, from the initial application to the federal appeals. You can trust that your case will be handled by an experienced and knowledgeable attorney.

Types of Disability Programs Available in California

Residents of California who are unable to work because of a severe impairment have a few options for disability benefits that may be available to them. These benefits can provide financial support and medical insurance to help those with disabilities cover their basic needs, as well as preserve their quality of life. The following Social Security Disability programs and state disability programs provide benefits to qualifying disabled individuals in California.

Supplemental Security Income (SSI)

The SSI program is based on the financial needs of the applicant. Both children and adults can be eligible to receive SSI benefits, but there are quite a few eligibility criteria they must meet to be approved. Similar to SSDI, if you want to apply for SSI, you must have a qualifying disability. Your disability must, for a certain amount of time, make you unable to perform SGA if you are an adult, cause severe functional limitations if you are a child, or be expected to result in death.

Applicants for SSI also have to meet resource, income, and citizenship or residency criteria. You must have limited resources and a limited income, and you must be a U.S. citizen or eligible non-citizen legally residing in California. Generally, these specific requirements, and perhaps others, will be verified before you are asked to provide proof of your disability.

Because SSI is needs-based, your benefit amount is calculated based on the Federal Benefit Rate (FBR) and all of your countable income from various sources. The FBR is the highest payment you can receive under SSI. Your countable income is deducted from the FBR to calculate the monthly payment you will receive.

Usually, if you are receiving SSI benefits, you automatically qualify for medical coverage through the Medicaid program, known in California as Medi-Cal. You may be able to begin receiving these medical benefits without the completion of a separate application. There is a wide range of medical and health services covered under Medi-Cal, such as hospitalizations, doctor visits, mental health services, dental care, rehab services, and prescription drugs.

Social Security Disability Insurance (SSDI)

SSDI is for working adults with disabilities. In order to be eligible for SSDI, you must have earned a certain number of work credits from working long enough and recently enough. You must also have paid Social Security taxes on all recent income. Depending on your age, if you are a young worker, you may still qualify if you have fewer credits than the amount required by the SSA.

Not all disabilities qualify for SSDI, unfortunately. Applicants must prove they have a physical or mental disability that is severe enough to prevent them from engaging in substantial gainful activity (SGA) for a period of time set by the SSA or that is expected to cause death. SGA is any work where you perform significant mental or physical activities for a profit. There is a limit to exactly how much a disabled individual can make in a month before they are considered to be engaging in SGA.

If you are approved for SSDI, your benefit amount will be calculated based on the average amount of money you earned in your life before the disability, as well as the amount of taxes you paid.

In some cases, your family members may also be eligible to receive monthly benefits if you get approved, but those payments would go toward your family maximum, which is the maximum amount of benefits a family can receive. Additionally, if you receive SSDI benefits for long enough, you will automatically become eligible for Medicare coverage.

California’s State Supplementary Payment (SSP)

The SSP program is a state-funded financial assistance program for California residents who qualify for or are receiving SSI. Although it is state-funded, SSP is administered by the SSA, and eligibility for the program is determined using the same federal criteria used for SSI. Payments from SSP are based on income and are only meant to supplement what you receive from SSI. Monthly SSP payments are factored into the calculations of monthly SSI payments.

California State Disability Insurance (SDI)

SDI provides eligible workers in California with short-term disability benefits if they are losing wages or not able to work because of a non-work-related injury or illness. Your weekly benefit amount is calculated based on your annual income, and typically, the maximum number of weeks for which you can receive SDI is equal to a year. However, there may be some exceptions to this rule. To be eligible for SDI, you must:

• Have a disability that is a mental or physical impairment which has not allowed you to perform your normal work duties for a certain amount of time.
• Have had a job or been actively searching for employment when your disability began.
• Have earned a specific wage sum during your base period and contributed to the SDI program through deductions.
• Begin receiving care from a healthcare professional within the first week of your disability and continue receiving care in order to keep benefits.

How Working Impacts Disability Benefits in California

Working can have an impact on your disability benefits, depending on the kind of disability benefits you receive and how much you earn in a month. Specifically for SDI, SSDI, and SSI, you must report changes to work activity and earnings so that your benefits can be properly adjusted to meet your needs.

You may lose SDI benefits completely if you return to work full-time. If you return to work part-time, your benefits may decrease if the sum of your SDI payments and monthly part-time wages is greater than your earnings before the disability.

SSI and SSDI are a bit more complicated when it comes to how working affects payments. After you begin receiving SSDI benefits, you can enter a trial work period (TWP) to assess your ability to work over the course of several months within a set period of time. Any month where you work and earn above the SSA threshold or work self-employment hours above the threshold will count toward your TWP. Your benefits will continue during the TWP, no matter how much you make each month.

You enter an Extended Period of Eligibility (EPE) once your TWP ends. This period lasts a few years, allowing you to work and continue receiving full SSDI benefits for as long as you still have an impairment and your earned income or work activities stay below the SGA limit. When the EPE ends, if you are eligible, your benefits can continue until you medically recover or work at the SGA level.

As a recipient of SSI benefits, you can work and receive your benefits, including your Medi-Cal coverage, even if your monthly earned income is at the SGA level. However, in order to continue qualifying for SSI in this situation, you must still have a disability and meet all other requirements. Your monthly payments will continue to be based on your income. The more you earn, the more your payments can be reduced.

Speak with a California Social Security disability lawyer so that you can make an informed decision about returning to work with your disability. You should be certain of how your benefits will be affected by a change in income and work activity.

Workers’ Compensation and SSD Benefits in California

If you are injured on the job, which results in a severe impairment, you may wonder about filing a workers’ compensation claim and applying for disability. It is possible to get workers’ compensation and Social Security disability benefits at the same time in California, but there is a slight caveat to this. Your SSD benefits can be reduced if you are receiving both.

Based on your average income before you became disabled, there is a threshold for the combined amount of workers’ compensation and SSDI benefits you can receive. If your total benefits go over the threshold, it will be corrected by deducting the excess amount from your SSDI payments. Workers’ compensation may also affect your SSI payment if it is considered to be countable income or a resource.

Common Mistakes When Applying for Disability Benefits

When applying for any disability benefits, you should be aware of the mistakes that can potentially lead to denials, cause delays, or put you at risk of missing out on benefits. Be sure to avoid these common mistakes:

• Inaccurate or Incomplete Application – An application that is missing information or has incorrect information can result in your benefits being delayed or denied. It is crucial that you fill out applications carefully, making sure all sections are accurate and complete.
• Working While Applying – If you are working and earning above the SGA threshold at the time that you apply for disability benefits, it can be sufficient reason to deny your application. Even performing work activities or earning wages close to the SGA limit may be grounds for denial. It can be an indication that your disability may not be sufficiently severe.
• Failing to File an Appeal – One of the biggest mistakes you can make is failing to file an appeal after a claim has been denied or if you receive a determination that you don’t agree with. Initial decisions and determinations are not final. You can navigate the appeals process with a lawyer if you strongly believe that you should be entitled to benefits.
• Missing Deadlines – Make sure you are mindful of deadlines set for submitting disability applications, filing appeals, and providing any required documentation for your claim. Missing any one of these important deadlines can mean that your claim gets denied or that you have to restart the application process from the beginning.
• Failing to Obtain Legal Assistance – Applying for disability benefits is not necessarily an easy process, especially when doing it on your own. It would be immensely helpful to consult with a disability lawyer who can guide you through each step and ensure you have a good chance of getting approved.
• Applying for the Wrong Program – It is completely possible to get programs like SSI and SSDI confused, especially when the requirements for both are somewhat complex. Be sure you understand the differences between both programs and make sure you are applying for the appropriate one.

There are many other mistakes that are commonly made when individuals apply for disability benefits. Avoiding them requires being meticulous when filling out applications, paying attention to specific details, and receiving the necessary assistance from a legal professional.

Your California Social Security Disability Lawyer

Walker Disability Law is the legal firm you want by your side when pursuing benefits that will help you regain financial stability. Jared Walker fights for his clients’ rights and has been successful in helping many secure their benefits.

Contact Walker Disability Law and schedule a consultation to have your case assessed by a capable legal advocate. You won’t regret making the decision to work with our reputable law firm.