Social Security Disability Attorney Bakersfield CA

The Social Security Administration (SSA) offers different benefit programs that assist the disabled. However, getting your Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits may be troublesome because the majority of initial claims are denied. That’s why it may be imperative to have an experienced disability benefits attorney in Bakersfield, CA in your corner.

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance is offered to Bakersfield, California, residents over 18 but under the age of 65, who have paid into the Social Security system through income tax deductions. If you want to qualify for SSDI benefits, you have to have sufficient work credits, which are earned according to the number of quarters the disabled applicant has worked each year. SSDI benefits can be awarded regardless of a person’s financial status.

Supplemental Security Income (SSI)

Supplemental Security Income benefits are available to those who are disabled, blind, or over 65. Whether or not you’ve paid into the Social Security system doesn’t matter, as long as your income doesn’t surpass the threshold of $2,000/month for an individual or $3,000/month for a couple.

Although these qualifications seem easy to understand, there are several factors to consider when calculating your income and determining which assets are considered resources. We are dedicated to understanding the complex nature of this process and have the skills required to support your SSI claim. 

Social Security Eligibility 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 needs to be done to appeal your case. Our California disability attorneys can represent you at your administrative hearing while being your advocates. If your appeal is successful, you could be entitled to monthly payments and retroactive payments starting at the beginning of your disability.

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.

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-third of SSDI applications are denied. 

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. When the SSA receives your request, a new medical consultant and examiner will be assigned to your claim to reevaluate your application. 

Many reconsideration claims are denied unless your condition worsens, so if your reconsideration claim is denied, you can request a hearing with an administrative law judge (ALJ) within 60 days of the denial. 

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.

ALJ denials are common, so the last step of the process is having a claim review with the Appeals Council. The Council has a few choices, including overturning the decision, denying your claim once again, or sending it back to the ALJ for reconsideration. 

When your claim is denied by the Appeals Council, the only option you have left is to file a lawsuit in federal court requesting that your case judge overturn their decision. You don’t have to deal with this intricate process all alone. Work with a distinguished Social Security Disability attorney in Bakersfield today.