Sacramento Social Security Disability Lawyer

Sacramento Social Security Disability Attorney

If you become disabled as a result of an illness or some kind of accident, you may no longer be able to perform regular work duties. This can make your financial state increasingly difficult, especially if the disability is long-term.

Social Security Disability (SSD) is an important safety net for people who either can’t work enough or can’t work at all because of a disability. An experienced Sacramento Social Security Disability lawyer can assist you with acquiring the right financial support.

At Walker Disability Law, we are relentless about obtaining SSD benefits for our clients. We understand the financial difficulties that can result from a disability, and we want to ease your worries.

Jared Walker has a proven track record of success with disability claims, using his knowledge of the Social Security system to help clients secure benefits. When you choose Walker Disability Law, you can put your trust in our team, and rest assured your case will be in capable hands.

How Disability Is Defined

The Social Security Administration (SSA) considers an adult person to be disabled if they are unable to engage in substantial gainful activity (SGA) due to a mental or physical impairment that is either expected to result in their death or has persisted or is expected to persist for a specific amount of time. A child is considered disabled if their impairment causes serious functional limitations, as defined by a listing of criteria published by the SSA.

SGA is a specific level of earned income and work activity that involves using a significant amount of mental or physical ability. If an impaired person continues to do work or earn income at the SGA level or higher, the SSA may determine that their disability is not severe enough to qualify for federal disability benefits.

Social Security Disability Programs

There are two primary disability programs that are offered by the SSA for individuals who meet very specific criteria: the Social Security Disability Insurance program and the Supplemental Security Income program.

Workers earn Social Security Disability Insurance (SSDI) based on their payroll taxes paid while working. SSDI provides monthly income to disabled Americans, giving them financial support to help cover some daily expenses and early Medicare eligibility to access more healthcare options and ensure their medical needs are met.

Supplemental Security Income (SSI) is given to disabled people primarily based on their needs, in addition to other qualifications. These recipients can also receive Medicaid coverage for access to a variety of medical and health services.

Both of these benefit programs allow disabled individuals to maintain financial stability while focusing on improving their well-being and quality of life. There are strict, complex requirements to prove you qualify for SSDI and SSI.

Key Differences Between SSDI and SSI

Although SSDI and SSI are both federal programs designed to provide individuals with disabilities with financial assistance, they have several significant differences and ultimately provide support in different ways:

• Eligibility Criteria

  • SSDI: Only open to working adults with qualifying disabilities, depending on their work history, how many work credits they earned, and if they paid taxes on work income in recent years.
  • SSI: Open to children and adults with qualifying disabilities and financial needs. The income and resources an applicant has are taken into account, and they must meet citizenship and residency requirements.

• Benefit Calculations and Amounts

  • SSDI: The benefit amount is calculated based on the average lifetime earnings of the applicant before they became disabled. Some people can receive a higher benefit amount if they paid more taxes.
  • SSI: The benefit amount is solely based on financial need and may be lower than SSDI benefits. In some cases, living arrangements are also factored into determining SSI amounts.

• Working While Receiving Benefits

  Benefits can continue after this period as well if you stay below the SGA level. Once you work at the SGA level or recover from your disability, benefits will end.

  • SSDI: Allows a trial work period where you may continue receiving benefits, no matter how high your wages are each trial month. This is followed by an extended period of eligibility, during which time you can collect your disability benefits for each month where you work or earn below the SGA level.
  • SSI: As long as you meet the requirements for your disability, income, resources, and citizenship/residency, you may continue collecting SSI even if your earnings are at the SGA level. However, it is possible for your SSI payments to decrease if your wages increase.

• Family Benefits

  • SSDI: There are specific spousal and dependent benefits for family members who qualify. In the event that the SSDI recipient dies, their children and spouse may be eligible for survivor benefits as well.
  • SSI: There are no family benefits for recipients of SSI; the benefits are usually limited to the disabled person receiving them. However, family members’ resources and income can be excluded when determining if the disabled individual qualifies for benefits.

• Medical Coverage

  • SSDI: Generally, recipients automatically become eligible for Medicare coverage once they have been receiving SSDI benefits for a specific amount of time.
  • SSI: Recipients will typically be eligible for Medi-Cal coverage as soon as they are approved for SSI benefits.

• Eligibility for Other Programs

  • SSDI: People who receive SSDI may also be eligible for Social Security retirement benefits when they reach a certain age, depending on their work history.
  • SSI: Oftentimes, individuals receiving SSI also qualify for other assistance programs, such as housing assistance and food stamps.

Can You Receive SSDI and SSI Simultaneously?

Yes, you can receive SSDI and SSI at the same time; this is known as concurrent benefits. However, qualifying for both programs may affect the amount you can receive, and you may not end up being eligible for both. Since SSI is a needs-based program, the payments you get from SSDI could reduce your SSI benefits.

If your SSDI payments are above the set SSI income limit, you may be ineligible for SSI altogether.  Generally, an SSDI award is more valuable to a claimant than SSI benefits that might also be available.

If you’d like to determine whether you are eligible for concurrent benefits and understand how your financial situation can be affected by receiving both SSI and SSDI, consult with a skilled Social Security Disability lawyer. They can give you the proper guidance and help you make the right financial decision for your unique circumstances.

How a Lawyer Can Help With Your SSDI or SSI Claim

Engaging the services of an experienced Social Security Disability lawyer like Jared Walker can greatly improve your chances of achieving success with your disability claim or appeal. Here are several ways an SSD lawyer can make it easier for you to navigate the complex disability benefits system:

1. Case Evaluation: A lawyer can go over the details of your case, evaluating your medical records and other documents, to assess your eligibility for one of the two disability programs. They can determine the likelihood of your application or appeal being approved and help come up with an effective legal strategy to support your case.
2. Gathering Evidence: Sufficient evidence is necessary to support a disability claim. Your lawyer can help you gather the vital evidence that is needed to prove your disability and show how it impacts your ability to do substantial work. This evidence might include medical records, doctor’s notes, and witness testimonies.
3. Assistance With Application: The application for disability benefits can be complex, and it can be easy to overlook something or make a mistake. A lawyer can help you carefully through the process and make sure your application is accurate, complete, and submitted in a timely manner.
4. Communication With SSA: You can allow your lawyer to handle all communications with the SSA on your behalf. They can present your case persuasively and advocate for your right to benefits.
5. The Appeals Process: If the SSA denies your initial claim, you may want to file an appeal. Your lawyer can help you with every step of the appeals process, from the request for consideration to the Administrative Law Judge (ALJ) hearing all the way to a federal court review if your case proceeds to that level.
6. Knowledge and Experience: A good disability lawyer possesses years of experience, as well as a wealth of knowledge of SSDI and SSI rules and regulations. Your lawyer can leverage their skills to get you the maximum amount of disability benefits you are entitled to.
7. Fee Structure: Hiring a lawyer can be a financial concern for anyone, but it is a worthwhile investment. Many disability lawyers operate on a contingency basis, meaning you only pay lawyer fees if your claim is approved. Furthermore, there is a federal cap on disability lawyer fees, which is the amount set by the SSA or a percentage of your past-due benefits, whichever is lower.

You can reduce the stress of your predicament by not going through it alone. Give yourself the greatest chance of obtaining the disability benefits you seek by hiring a lawyer who knows the system and is familiar with the process of applying for disability.

Trusted Sacramento Social Security Disability Lawyer

To maximize your ability to win your Social Security case, contact Walker Disability Law for a free consultation. Jared Walker has in-depth knowledge of the Social Security Disability program, and he’s helped many previous clients receive benefits.

He can provide excellent legal advice and support at every stage of the disability claims process to ensure you get the benefits you deserve. Take the first step by scheduling your consultation with our reputable law firm today.