Bakersfield Social Security Disability Lawyer

Social Security Eligibility in Bakersfield, CA

To qualify for Social Security Disability benefits as administered by the Social Security Administration, you must meet the following criteria:

• Your disability prevents you from being able to perform your normal job for at least 12 months.
• You cannot switch to other forms of work due to your medical condition.
• You have worked at jobs where you paid Social Security for a certain duration of time, which varies by age.

Our law firm of SSDI lawyers can review your application to determine what information is missing or what steps need to be taken to appeal your case. Our California disability attorneys can represent you at your administrative hearing while serving as your advocates. If your appeal is successful, you may be entitled to monthly payments and retroactive payments starting from the beginning of your disability. We provide a thorough pre-hearing preparation guide, ensuring you are well-prepared and informed before your hearing.

Disability Benefits Application

The application and numerous forms for disability benefits must be submitted correctly. You will need to provide all of your medical information to support your claim. You need to demonstrate how you are incapable of performing any substantial gainful activity (SGA) due to your disability. Ghitterman, Ghitterman & Feld can help navigate you through your disability benefits application process. We emphasize the importance of thorough documentation and medical evidence, offering you strategies to collect and present this effectively.

SSDI Benefit Denials

SSI is available to those whose financial resources are limited, and the method of determining income and assets is complicated and can often lead to denials. Although the SSA understands how important these benefits are for Bakersfield residents, nearly two-thirds of SSDI applications are denied. To mitigate this, we provide insightful guidance on strengthening your application and avoiding common errors that lead to initial denials. Preparing a strong case for appeal involves a meticulous review process and supportive evidence from medical professionals, approached with strategic foresight. 

Frequently Asked Questions

How Long Does the Social Security Disability Process Take in Bakersfield?

The timeline for processing Social Security Disability claims in Bakersfield can vary based on several factors. Initially, receiving a decision on your application may take anywhere from 3 to 5 months. If your claim is denied and you proceed to reconsideration or appeal stages, this can extend the timeline significantly. Reconsideration often takes an additional 3 to 5 months, while a hearing with an administrative law judge may add 6 months to over a year, depending on the caseload. Our team assists in streamlining this process by ensuring all documentation is accurately submitted in a timely manner, potentially reducing delays associated with incomplete or insufficient information.

What Should I Do If My Claim Is Denied?

If your Social Security Disability claim is denied, it is crucial not to lose hope. Begin by thoroughly reviewing the denial letter to understand the reasons for denial. This will often highlight areas where documentation was lacking or eligibility criteria were not met. Our attorneys are adept at identifying the weaknesses in initial applications and can advise on the best course for appeal. Engaging our services post-denial often results in a strategic re-presentation of your case, leveraging additional medical evaluations or vocational assessments that address the SSA's concerns. It's important to file for an appeal within the designated 60 days to avoid starting the process anew.

What Role Does Local Context Play in My Claim?

Local factors can significantly impact your Social Security Disability claim. In Bakersfield, understanding the common industries and types of work-related injuries prevalent in fields such as agriculture and oil can inform how your disability is perceived relative to typical work activities. Our team focuses on highlighting how local economic conditions and job markets affect your ability to find comparable employment, a key factor in many disability determinations. Additionally, we incorporate local medical resources available to you, ensuring that your treatment and documentation align with SSA expectations.

SSDI Benefit Appeals Process

If you receive a denial notice for Social Security Disability benefits, you have 60 days to file a request for reconsideration. Once the SSA receives your request, a new medical consultant and examiner will be assigned to your claim to reevaluate your application.  Our team offers detailed insights into what the reconsideration stage involves, preparing you with realistic expectations and targeted action plans to improve the likelihood of your application being accepted.

Many reconsideration claims are denied unless your condition worsens. If your reconsideration claim is denied, you can request a hearing with an administrative law judge (ALJ) within 60 days of the denial.  Preparing thoroughly for your ALJ hearing is crucial, and our firm provides comprehensive support to navigate this complex part of the process with confidence.

An administrative law judge is not a court judge, but an SSA attorney authorized to uphold or overturn your denial. The chances of having your denial overturned increase when you have an experienced disability benefits attorney at your side. We focus on presenting a compelling narrative and clear evidence to increase the likelihood of a favorable outcome.

ALJ denials are common, so the final step in the process is having a claim review with the Appeals Council. The Council has several choices, including overturning the decision, denying your claim once again, or sending it back to the ALJ for reconsideration.  Our approach involves pinpointing potential vulnerabilities in earlier rulings and offering decisive action steps for the Appeals Council review.

When your claim is denied by the Appeals Council, the only option left is to file a lawsuit in federal court requesting that a judge overturn the decision. You don’t have to handle this intricate process alone. Work with a distinguished Social Security Disability attorney in Bakersfield today. We are committed to advocating for your rights, providing guidance every step of the journey.

Ghitterman, Ghitterman & Feld Can Help

Ghitterman, Ghitterman & Feld is dedicated to helping residents of California’s Central Coast region receive the SSDI benefits they are entitled to. We choose to represent individuals, not companies, and have over 50 years of experience in Social Security Disability benefits. Let us use that experience to support you because we’re ready to help today. Our approachable and client-focused method ensures that each client feels heard and understood, as we work to craft a strategy tailored to their unique circumstances and challenges.

Call us at (805) 243-2179, or contact us onlineto schedule your initial consultation with our Social Security disability attorney in Bakersfield today!