When handling a disability case, it’s in your best interest to find a Sacramento disability lawyer that can help you navigate through the process. California and Federal disability laws are more complex than many people believe. The rules governing eligibility for California State Disability are very different from the rules governing Federal (Social Security) disability programs. They are similar in that they both are basically non-profit insurance programs, but disabled people need to know the differences.
It’s not at all uncommon for people to have questions regarding their disability benefits. We will try to cover some of the more common frequently asked questions in the article below. If you’re interested in consulting a California disability lawyer about your case directly, please contact Gold Country Comp Center.
What Happens If My Social Social Security Disability Claim Is Denied?
The Social Security Administration (SSA) routinely denies initial applications for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) claims.
Both SSDI and SSI require the same medical showing to qualify, but SSDI is a better program available only to those who have paid enough into the Social Security program. SSI eligibility requires proof that you are medically disabled AND have very low access to resources.
If your initial application to Social Security is denied, it’s important to know that you will need to respond quickly if this occurs. There are only 60 days following the date on your SSA letter to appeal your denied claim. It’s possible that you can still save your benefits if you act quickly.
California State Disability Insurance is funded by deductions from your paychecks and once your account has enough quarters paid in, you are eligible if a doctor certifies you cannot perform the duties of your regular job. It is a stopgap measure to provide some income pending a successful resolution of a denied or delayed workers’ compensation claim, or if your TOTAL disability will be for more than one year, pending approval of your SSDI or SSI claim.
If Approved, What Do My Disability Benefits Include?
Disability benefits can include any number of things. Qualifying claimants will receive individual monthly monetary benefits, and for SSDI claims, you will receive Medicare, and for for SSI claims, MediCal/Medicaid), or family benefits. The formula that is used to calculate each person’s SSDI benefits generally provides more benefits than early retirement pays. A Sacramento disability lawyer will be able to help answer your questions in more detail after reviewing your case.
How Do I Know If My Disability Qualifies Me For Benefits?
The Social Security Act defines an eligible disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve months or result in death.” To be certain your disability qualifies, it’s recommended to visit with a qualified physician to be sure you can produce evidence of the nature and extent of your impairments, and to also consult with a disability attorney.
Do I Still Qualify If I Haven’t Worked In Awhile?
In order to qualify for disability benefits, a person will need to have a certain amount of Social Security earnings or work credits within the qualifying time frame. One way to determine this is by counting the number of years in the last decade you’ve worked. You most likely will have enough work credits to qualify if you have worked at least five or more years. A Sacramento disability lawyer can help you calculate whether or not you qualify.
Can I Still Appeal If My Application Was Denied Last Year?
There are no limits regarding how many times someone can apply for disability benefits. This includes if you have an application that was previously denied. If your medical condition has worsened since you were denied, it’s possible that your case will be approved when you apply again. If you’re considering appealing a denied application, speaking with a disability attorney directly will be helpful to you.
For more answers to frequently asked questions about California disability benefits, visit our Social Security Disability FAQ page.