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Social Security Disability Benefits

SSI vs. SSDI: Seeking Disability Benefits in San Diego

Although there are many differences in SSI vs. SSDI‚ both will provide income for those who are disabled and meet other eligibility requirements. If you’re disabled and seeking Supplemental Security Income (SSI payments) you may want to discuss your options with a San Diego disability claim attorney.

Supplemental Security Income (SSI payments) and Social Security Disability Income (SSDI) aren’t easily obtained. Applications are commonly rejected due to errors or insufficient information and missed deadlines.

SSI vs. SSDI: When Seeking Disability Benefits

It’s crucial that your application is accurate and complete to increase your chances of obtaining a successful outcome.

For claims of disability you should be able to provide the following:

  • contact information of someone who’s aware of your medical condition;
  • contact information of all clinics‚ doctors‚ and hospitals that have provided treatment and the dates;
  • the names of medications you’re taking;
  • medical tests you’ve undergone;
  • a description of your past 5 jobs and the dates employed; and
  • contact information for your insurance company or Workers’ Compensation firm.

SSI payments are also provided to those who are blind or are over age 65. Having a low income is also a qualifying factor for SSI payments but requires more documentation to prove than blindness or age. Children are also eligible for SSI payments. A San Diego disability claim attorney can help you through the filing process and ensure that your application is handled fairly.

A San Diego Disability Claim Attorney Can Help You Fight for Benefits!

If you are disabled and unable to work‚ you may qualify for Social Security disability benefits to address your daily living needs. Unfortunately‚ the system is complicated‚ hard to navigate and many claimants are denied. The Jurewitz Law Group is here to help. Before you get wrapped up in red tape and complicated disability forms‚ contact our law offices online or by phone – 888-233-5020 – to learn about your rights. We can handle your Social Security disability claim from start to finish in the effort to increase your odds at getting the benefits you so desperately deserve.

 

Medical Professionals and the Definition of Disability in San Diego

When you seek disability benefits through Social Security in San Diego‚ you will have to meet the Social Security Administration’s definition of disability. Besides having an impairment that has persisted for at least a year and prevents you from working‚ you must provide proof of your impairment. A San Diego disability attorney is crucial in helping prove your impairment.

It’s also important to have your impairment documented by a medical professional. Doctors and other professionals play a huge role in determining whether you meet the definition of disability.

Medical professionals who participate in the Social Security disability program include the following:

  • a personal physician who provides medical evidence on your behalf;
  • an independent physician who performs an examination or additional tests necessary to determine whether you are disabled;
  • a medical or psychological consultant who reviews claims in a regional or central office of the Social Security Administration or in a Disability Determination Services office; and
  • the medical experts who testify at administrative law judge hearings or answer interrogation from the judge.

If your claim for Social Security in San Diego has been rejected‚ don’t fret. A San Diego disability attorney may be able to help you conquer the appeals process and obtain the benefits you need and deserve.  To help your claim‚ it’s important that you understand the definition of disability‚ follow all of your doctor’s orders and be completely honest with your attorney.

A San Diego Disability Attorney Can Help You Fight for Benefits!

If you are disabled and unable to work‚ you may qualify for Social Security disability benefits to address your daily living needs. Unfortunately‚ the system is complicated‚ hard to navigate and many claimants are denied. The Jurewitz Law Group is here to help. Before you get wrapped up in red tape and complicated disability forms‚ contact our law offices online or by phone – 888-233-5020 – to learn about your rights. We can handle your Social Security disability claim from start to finish in the effort to increase your odds at getting the benefits you so desperately deserve.

 

SSI vs. SSDI: Documents Needed to Apply for Benefits in San Diego

If you are concerned about the differences in SSI vs. SSDI‚ or have questions about the disability programs available to you in San Diego‚ a disability claim attorney can review your case at no cost and help you file for the appropriate program. Supplemental Security Income (SSI payments) and Social Security Disability Income (SSDI) are different‚ yet both provide financial assistance for those who are in need.

SSI vs. SSDI: Documents Needed for Application Process

To prove whether you are eligible for either program‚ you will need the following:

  • a birth certificate or some other proof of your birth;
  • naturalization papers;
  • military discharge papers;
  • SSA-3368 and SSA-827 forms‚ which will describe your medical condition if you are seeking disability benefits; and
  • W-2 forms or tax returns if you are self-employed.  

For SSDI benefits‚ you must have suffered a severe mental or physical impairment, which differs from the eligibility requirement for Supplemental Security Income.

SSI payments will be provided to those who are:

  • blind;
  • disabled;
  • struggling with a low income;
  • over age 65; and/or
  • a child. 

Believing that you meet all requirements for either program is no guarantee that you will be approved. To have a good chance at a successful outcome‚ you should consult with a San Diego disability claim attorney.

A San Diego Disability Claim Attorney Can Help You Fight for Benefits!

If you are disabled and unable to work‚ you may qualify for Social Security disability benefits to address your daily living needs. Unfortunately‚ the system is complicated‚ hard to navigate and many claimants are denied. The Jurewitz Law Group is here to help. Before you get wrapped up in red tape and complicated disability forms‚ contact our law offices online or by phone – 888-233-5020 – to learn about your rights. We can handle your Social Security disability claim from start to finish in the effort to increase your odds at getting the benefits you so desperately deserve.

 

Steps to Obtain Disability Benefits with Social Security in San Diego

The Social Security Administration’s (SSA) definition of disability for adults states that the adult must have a physical or mental impairment that interferes with work‚ has lasted at least a year‚ and will likely lead to death. If you meet the criteria and you’re seeking Social Security‚ you should contact a Social Security in San Diego attorney who has experience involving Social Security disability.

When you initially file your claim‚ it’ll be submitted through a local SSA field office and the application will request the following:

  • a description of your impairment;
  • treatment resources; and
  • any other information directly related to your disability.

The field office will verify non-medical requirements‚ including:

  • age;
  • employment;
  • marital status; and
  • Social Security coverage information.

Your case will then be sent to Disability Determination Services (DDS)‚ a state agency. The DDS will make the initial decision on whether you meet the SSA’s definition of disability. The DDS will do this by obtaining your medical information from your treatment resources. If this information is insufficient‚ an examination may be arranged to get additional information and a determination will be made.

If you’re found to be disabled‚ you’ll receive benefits. If your claim for Social Security in San Diego is rejected‚ you should speak to a San Diego disability attorney for help through the appeals process.

A San Diego Disability Attorney Can Help You Fight for Benefits!

If you are disabled and unable to work‚ you may qualify for Social Security disability benefits to address your daily living needs. Unfortunately‚ the system is complicated‚ hard to navigate and many claimants are denied. The Jurewitz Law Group is here to help. Before you get wrapped up in red tape and complicated disability forms‚ contact our law offices online or by phone – 888-233-5020 – to learn about your rights. We can handle your Social Security disability claim from start to finish in the effort to increase your odds at getting the benefits you so desperately deserve.

 

What Is the Social Security Hearing Procedure Like?

If you have a hearing for Social Security disability benefits‚ you will want to know what the Social Security hearing procedure is like. However‚ the Social Security regulations themselves do not provide a detailed picture of the process. In fact‚ the regulations simply state that "[a]t the hearing‚ the administrative law judge looks fully into the issues‚ questions [the claimant] and other witnesses‚ and accepts as evidence any documents that are material to the issues." Because these regulations are so broad‚ the administrative law judge has great discretion in conducting the hearing. Here‚ a San Diego disability lawyer will give you a general overview of the Social Security hearing procedure.

Issues
The administrative law judge is free to determine which issues will be discussed at your hearing‚ as well as when these issues will be presented during your hearing.

Accepting Evidence
The Social Security regulations simply say that the administrative law judge "may receive evidence at the hearing even though the evidence would not be admissible in court under the rules of evidence used by the court." In other words‚ the judge is free to permit all sorts of evidence at your hearing-even ones that would otherwise be inadmissible in court.

Questioning the Claimant and Witnesses
Taking into consideration whether or not you are represented by a disability attorney‚ the administrative law judge is free to conduct the hearing as he sees fit. There will be witnesses who give testimony under oath‚ and the judge will give the parties a chance to question them. In addition‚ the judge might decide to use different procedures for giving the opening statement‚ questioning the claimant‚ and laying out the order in which things progress. The judge may or may not decide to seclude witnesses in the waiting room while the claimant gives his testimony.

Nevertheless‚ all administrative law judges must adhere to the procedures outlined in the Social Security Administration’s manual‚ HALLEX.

Your chances of succeeding on your disability claim at the hearing level will increase if you are represented by an experienced San Diego disability lawyer who knows how to navigate through this process. For a free initial consultation‚ do not hesitate to contact dedicated San Diego disability lawyer Ross Jurewitz today.

 

Interpreting the Administrative Law Judge’s Questions

At your Social Security hearing‚ you will testify on your disabling condition. Part of this will involve the administrative law judge asking you questions as to the extent of your physical limitations. You will need to interpret the judge’s questions in a correct fashion in order to properly explain to the judge what exactly makes you disabled. Your testimony will be more confident and persuasive if you and your San Diego disability lawyer prepare for the types of questions that will be asked at the hearing.

The way in which administrative law judges tend to phrase their questions about limitations tends to be a bit confusing for the unprepared. When the judge will ask about impairments in the ability to sit‚ stand‚ lift‚ and so on‚ the judge will likely simply ask how long you are able to do so. The inquiry is not into how long you are able to perform that action before you need to stop it and rest‚ however. Instead‚ the judge is asking how long you can do the action in question in a work environment. In the case of standing‚ for example‚ the judge would be asking you how long you could stand at a job where you were afforded sitting breaks but were then obligated to stand again.

To make sure that you are giving the judge all of the information needed to make a fair decision on your case‚ you can offer several examples as a response to questions about ability. That is‚ you not only can talk about your work limitations but you can also describe different scenarios that show your impaired abilities. The more you share in terms of the facts of your case at a hearing‚ the more likely it is that you have conveyed the appropriate information and will be found disabled.

Preparing for a Social Security hearing is easier with the help of a qualified San Diego disability attorney. Contact Ross Jurewitz for the legal help you need to increase your chances of a favorable decision.

 

Your Social Security Hearing

If you have applied for Social Security disability benefits and have been denied after appealing the first time‚ the way you would appeal a second time would be by requesting a hearing before an administrative law judge. Although you do not need the help of a San Diego disability attorney at the initial application and first level of appeals‚ legal assistance is a good idea when you are facing a hearing.

After you request a hearing and before the hearing itself‚ the individual who will be dealing with your case on behalf of the Social Security Administration is called an attorney advisor. Part of an attorney advisor’s job is to write decisions for the administrative law judge. Following the receiving of your request for a hearing‚ an attorney advisor may look over your case‚ ask for more evidence if needed‚ and call your San Diego Social Security disability attorney to conduct an informal conference. Using this information‚ the attorney advisor might issue a decision before the hearing. If this happens‚ then your request for a hearing will be dismissed. If you and your San Diego disability lawyer disagree with the decision‚ then you will have thirty days to request a review. This review of the attorney advisor’s decision will be handled by the Appeals Council rather than the administrative law judge.

As with a court hearing‚ a Social Security hearing means that you will appear before the administrative law judge either in person or via videoconferencing‚ testimony will be given under either oath or affirmation‚ and the proceedings will be recorded. A hearing before an administrative law judge is different from a court trial‚ however‚ in two significant ways: it is not adversarial‚ and evidence that is not admissible in court will be accepted at a hearing.

Following the hearing‚ the administrative law judge will issue a written decision. A qualified San Diego disability attorney will be able to prepare you for a hearing and increase your odds of that decision being a favorable one.

For a free initial consultation of your Social Security disability claim‚ do not hesitate to contact experienced San Diego Social Security disability attorney Ross Jurewitz today.

 

Initial and Reconsideration Determinations in Your Social Security Disability Claim

How Do I Start My Social Security Disability Claim?

How you will start your claim depends on how you choose to apply. You can apply online anytime by accessing the Social Security Administration website. If you apply any other way‚ i.e. in person or via telephone‚ you will first need to call the Social Security Administration’s teleservice center. During the call‚ you can make an appointment for either an in-person or telephone interview with a Social Security representative from a local office.

What Will I Be Asked During My Interview?

Whether you do your interview at the office or via telephone‚ you will be asked for some basic information. The SSA representative will then enter the information onto a computerized form.

What Is the Difference Between In-Person and Telephone Interviews?

Other than the obvious (i.e. you can be at home for the telephone interview)‚ the main difference emerges after the application has been completed. With an in-person interview‚ you can sign and submit the form the same day. In the case of a telephone interview‚ you will be mailed the forms to be completed and signed.

How Will My Claim Be Examined?

The SSA will not make medical determinations of disability for your initial claim. It instead has a contract with a California government agency that handles determining disability. A team consisting of a doctor and a disability examiner‚ who is not a medical professional‚ will evaluate your claim. Their decision will then be adopted by the SSA.

What If My Initial Claim Is Denied?

You should request a reconsideration of your application. Though a different pair of individuals will evaluate your claim‚ they will be from the same office as issued the initial decision‚ and you are likely to face another denial as a result.

When Should I Consider Legal Help for My Claim?

Your San Diego disability attorney is prohibited from signing an application for benefits on your behalf‚ including "electronically signing" an application that is submitted over the Internet‚ although he or she may assist in filing an application. The next step is to request a hearing before an administrative law judge. At this stage‚ you can greatly increase your chance of success with the help of an attorney. For a free evaluation of your case‚ please contact Ross Jurewitz.

 

When Should I Get Help From a San Diego Social Security Attorney?

Because the process of applying for Social Security disability benefits can seem complex and confusing‚ many applicants consider seeking the help of a legal professional. They then face the question of when during the application and appeal process they should hire a San Diego Social Security attorney.

The first step‚ when you initially apply for benefits‚ generally does not require an attorney’s help. About a third of people who apply will have their applications approved at this first step. The rest will be denied. If you are among those people who are denied at this level‚ you should appeal.

Of those not approved at this first step‚ fifteen percent will qualify after they request reconsideration of their applications. Like the prior step‚ this can be done by the individual in question without any outside help. In fact‚ it is quite difficult for even a highly experienced San Diego Social Security disability attorney to evaluate a case at this level. It can be hard to tell if the claimant in question will actually be disabled for at least twelve months‚ one of the requirements that determine a person’s eligibility for Social Security disability benefits.

Furthermore‚ because it is difficult to access a claimant’s file prior to the hearing level‚ seeking the representation of a San Diego Social Security disability attorney this early can mean that the claimant has to gather records and documents on his or her own‚ which can be a time-consuming process.

The majority of people seeking the help of a disability attorney do so when it is time for them to request a hearing. This is the stage at which an attorney can do the most good.

In some specific instances‚ it might be possible that legal help would be needed at the first stage or even for the reconsideration. These cases involve some complex and unique issues with the law. If you need help with your Social Security disability claim or appeal‚ please contact Ross Jurewitz for a free evaluation.

 

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