Phillips Law Offices can help with Social Security claims and appeals. We are here to answer your questions and provide legal guidance in the application process to get it right the first time - and if your claim has already been denied, we can provide help legal assistance filing an appeal. There are important deadlines , so we invite you to call us at 530-265-0186 to speak with social security attorney today. With offices in Nevada City and Roseville we serve clients from Placer County to Butte County.
How to Apply for Social Security Disability Benefits?
Injured workers should apply for Social Security Disability benefits as soon they become disabled. You can apply for SSD benefits by scheduling an appointment with a California Social Security Administration (SSA) representative or by applying online. ( How to apply for Social Security Disability ) The claims representative assigned to your case will walk you through the application process and also determine the disability programs for which you may be eligible, as well as the amount of benefits you could receive based on your work history.
How Can a Social Security Disability Lawyer Help ?
Over half of all first-time applicants are initially denied disability benefits, and over 80 percent of applicants seek the help of a representative at some point in the process. The process of applying and appealing denied claims is often complicated, and the chances of success are far greater with the help of an experienced Social Security disability lawyer. Retaining a lawyer can increase your chances of approval and help avoid denials based on technicalities or other common errors. ( Right to Have a Lawyer Represent You ) We can help with Preparation: we will prepare your claim from A to Z which will include gathering documents and other required information, this is an essential part of the claims process and help ensure your claim satisfies the SSA’s requirements, which can help expedite the application process. Communication: we track your claim and keep you posted with the progress and advise you of any issues that might come up. Finalizing a Claim: We will review the SSA’s calculations to determine if any vital information was missed or if any errors were made. We will also address any questions you may have concerning your new benefits Appeal: if your application has been denied, we can assist you in you appeal.
Am I Eligible for Social Security Disability Benefits?
- Step One: Is the applicant working?
- Step Two: Is the applicant’s medical condition severe?
- Step Three: Is the applicant’s medical condition on the SSA’s list of disabling conditions ? ( list of conditions )
- Step Four: Can the applicant perform the work they did before?
- Step Five: Is the applicant capable of performing any other work?
- Work Eligibility Tests: The "duration of work test" and the "recent work test", to qualify for benefits.
Why are Social Security Disability Claims Denied ?
If you recently applied for Social Security disability benefits or Supplemental Security Income (SSI) and were denied for medical reasons, you may request an appeal online and provide documents to support your appeal electronically. (Social Security Claims Process) If you decide to appeal the decision you must file a written request within 60 days of receiving the decision letter. There are four levels of appeal through which your claim could proceed: reconsideration, hearing by an administrative law judge, review by the Social Security Appeals Council, and federal court lawsuit.
- Criminal convictions
- Short term disability
- Refusal to cooperate
- Disability stems from alcohol or drug abuse
Appealing a Denied Social Security Disability Claim
Types of Social Security Disability Benefits
- Disability Insurance Benefits (SSD or SSDI)
- Disabled Adult Child Benefits (DAC)
- Disabled Widow or Widower (DWB)
Long Term Social Security Disability Benefits
Some employers provide their employees a number of benefits such as life insurance, health insurance and long term disability. While social security disability policies are rather straight forward and have standardized rules and procedures, those which govern long term disability policies can vary from claim to claim. Moreover, long term disability has its own set of complicated rules and tests that determine eligibility and payout amounts, and, oftentimes, insurance companies require claimants to apply for SSD and LTD simultaneously. To make matter worse, insurance have a history of denying claims or ending payments prematurely. Usually, the LTD benefits are reduced or have 'off sets' from SSD.
If you have applied for long-term disability (LTD) assistance and have had your claim denied or had your benefits end prematurely call us today.
Social Security Disability Benefits and Children
There are three different ways children can collect Social Security or SSI disability benefits. All of the benefits discussed here are cash benefits paid to disabled children or to the children of disabled or retired workers.
- Low-income disabled children
- Children who don't qualify for SSI
- Adults disabled since childhood
Children may be eligible for SSI disability insurance if:
- They have physical or mental conditions that are so severe that they result in serious functional limitations
- They have these conditions for at least 12 months
- The conditions will likely be the cause of the their deaths
- They are not gainfully employed and doing work the SSI administration considers “substantial work”