Ghitterman, Ghitterman & Feld Relentlessly Protecting California Workers' Rights Since 1956

Social Security Appeals in California

Representing Denied Claimants at Every Level of the Appeals Process

A denial from the Social Security Administration isn’t the end of your claim. Most initial applications are denied, and the appeals process exists precisely to give claimants a second, third, and fourth look. At Ghitterman, Ghitterman & Feld, we’ve protected the rights of California workers since 1956, and our Social Security Disability practice covers appeals from reconsideration all the way through federal district court. Eight offices across the state mean we’re accessible to denied claimants wherever they are in California.

We represent individuals only. We don’t work for employers, insurers, or government agencies. Every case we take is on behalf of someone seeking benefits who hasn’t received them.

If you’ve been denied Social Security Disability benefits, call us at (805) 243-2179 for a free consultation. Deadlines to appeal are strict, and acting quickly can help protect your options.

Why Ghitterman, Ghitterman & Feld for a Social Security Appeal

Over our history, we’ve won 95 percent of our cases, though past results don’t guarantee the same outcome in any individual matter. We’re a member of NOSSCR, the National Organization of Social Security Claimants’ Representatives, which reflects our commitment to staying current on the law and advocacy standards that govern disability claims. Every case we take is on contingency: if we don’t recover benefits for you, you don’t owe us a fee.

For California’s injured workers, we go further than a single benefit program. We look at workers’ compensation, Social Security Disability, and the Subsequent Injuries Benefits Trust Fund (SIBTF) together so no available avenue is overlooked. That integrated approach reflects the full scope of our practice for disabled workers’ claims.

The Four Levels of a Social Security Appeal

When we review a denied application, we identify what’s missing and determine what the appeal record needs. Our attorneys represent clients at every stage below.

Level 1: Reconsideration

A reconsideration request must be filed within 60 days of the denial letter. A different disability examiner and medical consultant, not involved in the original decision, reviews the entire file. This step is required before requesting a hearing, and it sets the foundation for everything that follows.

Level 2: Administrative Law Judge Hearing

If reconsideration is denied, a claimant can request a hearing before an Administrative Law Judge (ALJ) within 60 days. The ALJ evaluates medical evidence, work history, and functional capacity. The SSA may also call a vocational expert (VE) to testify about jobs the claimant could theoretically perform. Having our attorneys prepared to cross-examine that testimony and present a complete medical record is important at this stage.

Level 3: Appeals Council Review

An unfavorable ALJ decision can be appealed to the Appeals Council, again within 60 days. The Council can overturn the decision, uphold it, or send it back to an ALJ for further review. This stage is largely based on the written record, which is another reason the earlier record needs to be built carefully.

Level 4: Federal District Court

If the Appeals Council denies review or upholds the denial, a civil suit can be filed in U.S. District Court. From there, the Ninth Circuit Court of Appeals is the next available option. Missing any filing deadline along the way can require demonstrating good cause for the delay, so prompt action at every stage matters.

Start Your Social Security Appeal Today

If you’ve received a denial notice, don’t wait. Contact Ghitterman, Ghitterman & Feld now. Consultations are free, and our contingency structure means you won’t face legal fees unless we recover benefits for you. Call (805) 243-2179 or reach us through our online contact form to speak with our team about your options.

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Common Reasons Social Security Disability Claims Are Denied in California

Understanding why a claim was denied is the first step in building a stronger appeal. The SSA denies claims for a range of reasons, and many of them are correctable.

The most common denial reasons include:

Insufficient medical evidence to establish the nature or severity of the disability
Errors or incomplete information on the original application
Income above the substantial gainful activity (SGA) limit, which is the SSA’s threshold for determining whether someone is working at a disqualifying level
Insufficient SSDI work credits earned through Social Security payroll taxes
A finding that the condition isn’t severe enough to prevent all substantial work
Substance abuse issues that the SSA determines are material to the disability

A denial letter will specify which reason applies. That reason shapes how the appeal is constructed, what additional evidence is needed, and which legal arguments are most relevant at each level of review.

What a Successful Social Security Appeal Can Provide

When an appeal results in an approval, the benefits that follow can be substantial. Monthly disability payments can provide ongoing income support. Depending on when the disability began, a successful appeal may also include retroactive payments going back to the established onset date, which can represent a significant lump sum.

A favorable decision can also open a path to Medicare or Medi-Cal coverage. SSDI recipients generally become eligible for Medicare after a 24-month waiting period, while SSI approval can make a claimant eligible for Medi-Cal, addressing the healthcare gap that often accompanies an inability to work.

Workers’ Compensation and Social Security Disability: Pursuing Both

A work-related injury can give rise to both a workers’ compensation claim and a Social Security Disability claim at the same time. These are separate systems, but they overlap in ways that matter. Some California workers may also qualify for the Subsequent Injuries Benefits Trust Fund (SIBTF) if a pre-existing condition was aggravated by a workplace injury.

We represent agricultural workers, industrial employees, truck drivers, and oil industry workers navigating complex claims across multiple systems. Rather than treating each claim in isolation, we look at the full picture of benefits a client may pursue. That means one firm handling workers’ compensation, Social Security Disability appeals, and SIBTF together, so nothing falls through the gaps.

With eight offices across California, Ghitterman, Ghitterman & Feld is ready to take your call. Consultations are free, and you won’t owe a fee unless we recover benefits for you. Call (805) 243-2179 or contact us online to get started.

How Long Does a Social Security Appeal Take in California?

Initial applications are typically reviewed within three to six months, but the majority are denied at that stage. If a claim proceeds to an ALJ hearing, the wait extends considerably. Due to high application volume and the depth of medical review involved, ALJ hearing wait times commonly run many months, often a year or more depending on location and current caseload. Fewer than 20 percent of claimants are approved at the reconsideration stage, which means most people who receive benefits do so at the hearing level or beyond.

Properly documenting the appeal record from the beginning can help avoid unnecessary delays caused by incomplete files or missing medical evidence. An attorney who knows what an ALJ looks for can help ensure the record is built correctly before the hearing date arrives, rather than scrambling to supplement it afterward.

SSDI vs. SSI: Which Program Applies to You?

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both federal disability programs, but they work differently. We handle appeals under both.

SSDI is based on work history. Eligibility requires enough work credits earned through Social Security payroll taxes, and the monthly benefit amount is calculated from the recipient’s earnings record. Workers who became disabled before accumulating sufficient credits may not qualify for SSDI.

SSI is a needs-based program with no work history requirement. It’s designed for aged, blind, or disabled individuals with low income and limited resources, funded through general tax revenue rather than payroll taxes. Because the qualifying criteria differ from SSDI, some people who don’t qualify for SSDI can still qualify for SSI.

Some claimants qualify for both programs simultaneously, depending on their disability status, work history, and financial situation. If you’re unsure which program your denial involved or whether you might be eligible for both, our team can answer that question during your free consultation.

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