Ghitterman, Ghitterman & Feld

Yes! Unlike many law firms, we help with the Social Security Disability application process. We know that applying for Social Security can be confusing, so we offer application help for our clients. If you're approved for benefits after we help you with your application, we waive our fee, so you do not have to pay for our help! If you're denied benefits after we help you complete your application, we will help you appeal your denial.

There are many qualifications you would need to meet to determine if you are eligible for Social Security Disability benefit. You may be eligible if:

• You are 65 or younger
• You are disabled to the point that you are unable to work or only able to earn $1,310/month or less
• Have stopped working in the last 5 years
• Have a work history of 10 years or more (sometimes less) for younger individuals and have worked at least 5 out of the last 10 years earning a paycheck

Even if you do not meet these qualification, you may still qualify for SSI (not SSDI) benefits if you are disabled and have less than $2,000 in valued resources available to you.

Yes, children can be considered for SSI even though they don’t work if your household has less than $3,000 in valued resources.

Yes, you can be found eligible for both benefits if you meet the SSDI requirements and you have less than $2,000 in valued resources.

You typically have to be disabled for at least one year. However, if you are blind or the illness or injury may result in death, the one year may be waived.

If you were denied because of insufficient credits, that means you did not work enough quarters to qualify for the SSDI benefit. To be eligible for the SSDI benefit, you need to have been employed receiving a paycheck with SSDI deductions, or paid self-employment taxes, in at least 5 out of the last 10 years. A disability lawyer can’t help prove disability if you haven’t worked enough to qualify for the benefit.  You can learn more about Work Credit Requirements on the SSA website. However, if your assets are below $2,000 you may still be eligible for SSI. If that's the case, you can call us to schedule a free consultation to learn more about your rights.

In 2021, the maximum one can earn is $1,310.00 before the benefits will stop.

If your available resources exceed $2,000, you would be ineligible for SSI.  But you may still be eligible for SSDI in the event you meet the earnings and disability criteria.

Good question. You may still be eligible to receive Social Security Disability if you are incapable of work that would produce more than $1,310 per month in income for at least 6 months.

If you were denied because of insufficient credits, that means you did not work enough quarters to qualify for the SSDI benefit. To be eligible for the SSDI benefit, you need to have been employed and receiving a paycheck with SSDI deductions, or paid self-employment taxes, in at least 5 out of the last 10 years. A disability lawyer can’t help prove disability if you haven’t worked enough to qualify for the benefit. You can learn more about Work Credit Requirements on the SSA website. However, if your assets are below $2,000 you may still be eligible for SSI. If you are eligible for SSI, call us to schedule a free consultation!

If you have applied for SSDI/SSI, but it’s been more than 60 days since you were denied, you may not be too late.  A good cause exception can be granted for an appeal filed after 60 days provided that you provide a good reason for the delay. To do so, you may want to submit a Good Cause Request along with the Request for Reconsideration or Request for Administrative Law Judge Hearing. If you want help re-applying, you can also contact us to schedule an appointment to discuss further.  

SSA disability is based on an evaluation about whether or not you are capable of performing Suitable Gainful Activity or SGA. If you are able to consistently work, usually for a period of 60 months or more, and earn more than the annual minimum SGA amount, SSA may find you ineligible for disability benefits.  In 2021, the annual SGA is $1,310 per month. You can learn more about Substantial Gainful Activity on SSA’s website.

Possibly. When an employee suffers a significant injury or disability, there may be many benefits that they are entitled to. The two most common longer-term benefits include Workers’ Compensation and Social Security Disability benefits.  Workers’ Compensation is a State run program paid to employees through their employer’s insurance coverage. Social Security Disability is paid to employees from the Social Security Administration through coverage payments withdrawn from your paychecks. There is a saying in the law however that the law abhors a double recovery. In other words, while benefits may attempt to make you whole from your loss, you should not receive benefits that pay you twice for the same disability. Because of this, certain benefit programs will get credit for other benefits you receive.

You can expect to wait anywhere from six months to two years for a hearing date. Disability applicants who have already gone through the initial application and reconsideration phase of a Social Security Disability (or SSI) case need to request an appeal hearing to get a judge to hear their case.

Once a hearing date is scheduled with SSA and we are representing, our office will check the attorney’s availability and schedule the hearing on an attorney’s calendar. We will also schedule a time to prep for that hearing with the attorney at least a month or two before the hearing date. The attorney will be with you the entire duration of the hearing.

Due to COVID-19, SSA is not holding hearings in person. However, they are conducting hearings by phone or by video.

As attorneys, our role is generally to develop the record in a case and present that case at a hearing. Since your hearing has already occurred, you do have a right to appeal by asking the Appeals Council to take another look at your case. In the event that you are able to secure a new hearing, we would be happy to discuss your claim with you. Also, if your condition worsens, you may be able to re-apply. You can re-apply on your own, or contact us if you want us to examine why the decision was unfavorable and help you re-apply.

If SSA terminates your disability benefits because they believe your condition has improved, that’s where disability lawyers like us might be able to help demonstrate your condition remains so severe that you continue to be unable to work. However, if the SSA terminates your benefits for any reason other than your disability or condition (such as too much income, too many assets, or an overpayment), you might want to speak with an accountant (to prove financial need), not a disability lawyer (to prove disability).  You can learn more about Resources and Eligibility on the SSA website.

SSA.gov is the primary resource. Here is a link to a pamphlet about work and SSDI: https://www.ssa.gov/pubs/EN-05-10095.pdf

Yes. Due to COVID-19, our offices are currently closed, but we are able to schedule an appointment over the phone or video conference.

Si, hablamos Español. Todo nuestro personal de apoyo y la mayoría de nuestros abogados hablan español. Cuando nos llame para programar una cita inicial, infórmeles si prefiere hablar en Español.

We have offices in Bakersfield, Fresno, Ventura, Santa Barbara, Santa Maria, Visalia, and Turlock.

Yes. Our attorneys frequently travel among our seven offices and sometimes into areas where we don’t have an office.

No, we work as a team. All of us can help guide you through the process and assess whether we will be able to assist you in your situation.

Your initial appointment will be scheduled for 1.5 hours. We will ask detailed questions about your claim to determine if we can help you. You should bring written questions to the meeting to help you obtain information about your rights. If we are able to help you, then we will discuss the paperwork necessary for you to retain us.