Have you been denied for SSD benefits?
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Los Angeles Social Security Disability Attorneys
If you are no longer able to work because of illness or injury, you may be entitled to claim Social Security Disability (SSD) benefits. If you are considering a claim, it is in your best interests to consult with one of our experienced Los Angeles Social Security Disability lawyers. A high percentage of SSD claims are denied in the initial application phase.
Our Los Angeles attorneys at The Los Angeles Auto Accident Attorneys have years of experience handling thousands of Social Security Disability claims. We are well-versed in the system, and we can help you prepare your application properly and assist you through the appeals process if your application was denied.
Overview of Social Security Disability Process
In order to qualify for SSD benefits, you must meet certain guidelines and follow a specific approval process. You must meet the Social Security Administration’s definition of “disabled,” and present a convincing claim for benefits.
If your application is initially denied, which happens in a majority of cases, you have a limited window of time to appeal the decision, and it can take a year or more for your appeal to be heard. The first appeal is a reconsideration of the original denial. The second appeal is heard by an Administrative Law Judge. If your claim is not approved, you have the right to appeal to the Social Security Appeals Council, and subsequently in federal court.
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Determining SSD Eligibility
Social Security Disability Insurance (SSDI) is designed to provide benefits for people who have worked and paid into Social Security, but have suffered impairment through injury or illness and are unable to work. To qualify for SSDI, you must be completely disabled – unable to engage in any type of work for gainful employment, regardless of your occupation before you became disabled.
Your disability must arise from a serious medical condition that is expected to continue for at least one year or until death. Whether physical or mental, the condition must have been diagnosed using acceptable medical techniques, and specific evidence must be provided to support your claim.
How is Disability Defined?
The Social Security Administration has its own unique definition of “disability,” and according to SSA, it differs from the definitions used by other programs. No benefits are payable under SSD for partial or short-term disability. For SSD purposes, you are considered disabled only if:
- You are unable to do the work that you did before you became disabled;
- SSA decides that you are unable to adjust to other work because of your medical condition; and
- Your disabling medical condition has lasted for at least one year or is expected to last for at least one year or to result in death.
Types of Disability Benefits
The Social Security Administration administers two separate programs that pay out benefits to disabled individuals: the Social Security Disability Insurance program and the Supplemental Security Income (SSI) program. While Social Security Disability benefits are paid out of the Social Security fund, SSI benefits are not. This is a needs-based program, with benefits paid out of the general tax fund, and there is no work history requirement.
If you are disabled but cannot qualify for SSD benefits because of insufficient work history, you may still be eligible for SSI benefits. The purpose of the Supplemental Security Income program is to provide benefits to disabled children and adults who have limited means.
Under the Social Security Act, the types of disability benefits available are:
- Social Security Disability Insurance
- Social Security Disability Insurance: Disabled Widow, Widower, or Surviving Divorced Spouse
- Social Security Disability Insurance: Childhood Disability
- Supplemental Security Income
- Supplemental Security Income: Child’s Disability
How We Can Help
At The Los Angeles Auto Accident Attorneys, we have extensive experience handling Social Security Disability claims. We can help you with your application, help ensure that you provide sufficient medical proof of disability, and represent you in the appeals process. As experienced attorneys, we can help ensure that your case is presented fully and professionally to the Administrative Law Judge.
Our Los Angeles Social Security Disability attorneys will protect your rights and work hard to help you get the benefits you need. Contact our firm today for sound legal counsel and top-notch representation in your Social Security Disability claim.