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Committed Disability Retirement Attorneys in Santa Barbara, California

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In Need of a Disability Retirement Lawyer in Santa Barbara, CA?

At Ghitterman, Ghitterman & Feld, our Santa Barbara disability retirement lawyers have protected the rights of public employees who are members of retirement systems like the California Public Employees’ Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS) since 1956.

We are more than attorneys, we are advocates who provide precise legal advice and representation that exceeds our clients’ expectations so they can focus on obtaining the financial stability they need to pursue retirement without worry.

We are champions for justice, starting with your case. Contact us today to learn more.

Seeking Disability Retirement Benefits In California

Disability RetirementFor those who are part of the California Public Employees Retirement System (CalPERS) or one of many other county-based retirement systems, you may be eligible for disability retirement benefits if the combined effects of your disabilities preclude you from being able to do your job. When you meet with us, we will evaluate your situation for all possible claims, including Disability Retirement, Personal Injury, Workers’ Compensation, Social Security Disability, and Employment Law claims. Many people have multiple claims, some of which they may not even know exist. For instance, someone may think they have a personal injury claim without realizing they have a potential workers’ compensation claim as well. We’ll make these distinctions during your free consultation.

If we determine that you have a disability retirement claim during your free consultation, we will inform you of your rights, and connect you with a top tier firm who specializes in your particular type of disability retirement claim, while also making sure you’re aware of other claims you can pursue.

AM I ELIGIBLE FOR DISABILITY RETIREMENT BENEFITS?

If you are a governmental employee and have a medical condition that makes it impossible to perform your job or a modified or alternative job with your same employer, you may be eligible for disability retirement benefits.

Are You Eligible For Disability Retirement Benefits?

Depending on which retirement system you are a part of, you may be eligible for different amounts of payment, depending on whether your disability is related directly to your employment. For instance, county employees may be eligible to receive service-connected disability retirement benefits if their disability was caused by their job. The difference between service-connected and non service-connected disability benefits is:

  • Service-connected disability benefits entitle you to at least 50 percent of your wages and these benefits are nontaxable
  • Non service-connected disability benefits entitle you to approximately one-third of your wages and those benefits are taxable

The amount you receive will vary, depending on your length of service. Because different systems calculate payments and time served along different measures, having the help of a lawyer may prove invaluable when applying for these benefits.

What Factors Determine Who is Eligible to Pursue Disability Retirement Benefits in California?

In California, disability retirement benefits are typically provided to public employees who are active members of public employee retirement systems — like CalPERS and CalSTRS.

While each system may have slightly different eligibility criteria, obtaining disability retirement benefits in California generally depends on the following common factors:

  • Disability Requirement

You must have a qualifying disability that prevents you from performing your regular job duties. The disability must be expected to be permanent or long-term. Qualifying disabilities can vary, but they typically include physical and mental impairments that make it impossible or significantly challenging for you to work.

  • Medical Evaluation

Most retirement systems require those seeking benefits to undergo a medical evaluation by an approved medical professional to determine the extent and permanency of the disability.

  • Age and Service Requirements

Some disability retirement benefits may have age and service requirements, including a minimum number of years of service or a certain age to qualify for full benefits.

Vesting requirements can vary depending on the specific retirement system.

  • Documentation and Application

Eligible individuals must provide documentation of their disability and follow the application process outlined by your retirement system. This typically includes submitting medical records and other required paperwork.

If you are a governmental employee and have a medical condition that makes it impossible to perform your job or a modified or alternative job with your same employer, you may be eligible for disability retirement benefits.

With six offices throughout California, we are dedicated to serving our California residents and workforce when and where they need us.

Why It Is Important to Consult with an Attorney Before Pursuing Disability Retirement Benefits in California

CalPERS and CalSTRS members are often surprised to learn the complexities of filing for disability retirement benefits in California. This is why we are here.

The detailed information about eligibility criteria, application procedures, and specific requirements for each person’s claim is often compounded by the rules and regulations governing disability retirement benefits that can change over time.

It is crucial to stay informed and consult with skilled California disability retirement attorneys for the most up-to-date information and to understand your legal rights and options to pursue a viable claim.

Depending on which retirement system you are a part of, you may be eligible for different payment amounts based on whether your disability is related directly to your employment.

For instance, county employees may be eligible to receive service-connected disability retirement benefits if their job caused their disability.

The difference between service-connected and non-service-connected disability benefits is:

  • Service-connected disability benefits entitle you to at least 50% of your wages, which are nontaxable.
  • Non-service-connected disability benefits entitle you to approximately one-third of your wages, which are taxable.

The amount you receive will vary, depending on your length of service. Because different systems calculate payments and time served along various measures, having the help of a lawyer may prove invaluable when applying for these benefits.

What are My Options If I Am Not Eligible for California Disability Retirement Benefits?

If the Retirement Board finds that you are not eligible for disability retirement benefits, you may be reinstated to your position with accommodations made for your disability, along with back pay and benefits. Do not accept a service retirement pending an evaluation of your disability retirement application. If you accept the service retirement, you may lose your eligibility for reinstatement to your former position. We can help you determine your best course of action and help connect you with the best person to help you pursue those claims.

We Have a Relentless Commitment to Protect Our Client’s Rights. Always.

For over six decades, Ghitterman, Ghitterman & Feld have protected the rights of injured and disabled California residents and workers by helping them navigate the challenges from governmental disability programs present at every turn.

We are dedicated and persistent advocates for our clients who leave no stone unturned when managing their unique cases, and we pride ourselves on our reputation for obtaining real results for real clients. We can do the same for you and your family.

Reinstating You To Your Position

If the Retirement Board finds that you are not eligible for disability retirement benefits, you may be reinstated to your position with accommodations made for your disability, along with back pay and benefits. Do not accept a service retirement pending an evaluation of your disability retirement application. If you accept the service retirement, you may lose your eligibility for reinstatement to your former position. We can help you determine your best course of action and help connect you with the best person to help you pursue those claims.

We Also Focus on the Following Practice Areas:

Contact Our Experienced Disability Retirement Attorneys in California Today

At Ghitterman, Ghitterman & Feld, we have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

Contact us  at 805-214-8888 today to learn more about your legal rights and options to pursue the disability retirement benefits you are entitled to so you can confidently retire.