Los Angeles Social Security Disability Benefits Attorney

Have you suffered an injury or medical condition that has left you unable to work? If so, you may qualify for disability benefits through the Social Security Administration—though getting these benefits involves a complex process that frequently ends in denial. Don’t try to pursue your application without experienced legal guidance. Instead, contact Disability Advocates Group for a free initial case evaluation with an SSD lawyer. We want to help you get the benefits you’re entitled to under the law, and we want to do it as efficiently as possible. 

Understanding SSD

The Social Security Administration operates two disability benefits programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Each program serves different groups of individuals with disabilities. 

SSDI provides financial benefits to workers who become disabled and unable to continue in gainful employment. SSI offers financial benefits to low-income individuals who become disabled.

While each program has different financial qualification criteria, both programs require applicants to have a qualifying disability. 

Who Qualifies for SSD?

A person may qualify for Social Security disability benefits if they have a medical condition that constitutes a “disability” under SSA regulations. A condition becomes a disability when it has lasted at least 12 months or will likely last at least 12 months or result in the individual’s death. The Social Security Administration maintains a listing of medical impairments, known as the Blue Book, which contains conditions that may qualify as disabilities. Furthermore, a disability must render a person incapable of substantial gainful employment, defined as earning more than a specific threshold of monthly income. 

SSDI also has a work history requirement, which is meant to ensure that an applicant has contributed to the Social Security system through payroll taxes. The SSA measures a person’s work history by the number of work credits they have accumulated. A person gains a work credit when they earn a specific amount of income subject to Social Security taxes, up to a maximum of four credits per year.

An SSDI applicant must have a minimum number of total work credits and a minimum number of credits earned within a specific period before the onset of the applicant’s disability. The number of total and recent credits an applicant needs depends on their age when their disability began, with younger workers typically needing fewer credits. 

The SSI program has income and asset limits for eligibility. Applicants must earn less than a certain amount of countable income per month and may not own assets with a total value above $2,000 (or $3,000 for couples). However, the SSA excludes certain assets from the total, including a primary residence, a household vehicle, household goods, and personal items such as clothing. 

The SSD Application Process

You can apply for Social Security disability benefits online, or by calling the SSA to schedule an appointment to complete an application over the phone or in person at a local SSA office. After the SSA receives your application, it will assess your qualifications under the work history or asset/income requirements for SSDI or SSI, respectively. The SSA will then forward your application to a state disability determination services office to ascertain whether you have a qualifying disability. 

The SSA uses a five-step process to determine if an applicant has a disability. The DDS office proceeds through each step until it can determine whether an applicant has or doesn’t have a disability. These steps include assessing whether an applicant works at a level of “substantial gainful activity,” whether the applicant has a “severe” impairment, whether the applicant’s condition meets or medically equals a listed condition, and whether the applicant can perform past jobs they’ve held or other work given their medical limitations. 

Why Does the Social Security Administration Deny Claims?

The Social Security Administration denies a majority of disability benefits applications on initial review. The agency issues denials for various reasons, such as:

• Providing insufficient medical evidence to establish a qualifying disability (e.g., lack of an official diagnosis, no evidence of extended duration, inadequate evidence of symptoms)
• Failing to seek or follow prescribed treatment
• Earning too much income through work
• Failing to respond to requests for supplemental information or documentation
• Failing to attend consultative examinations
• Lacking sufficient work history (for SSDI claims)
• Filing incomplete application paperwork, or inaccuracies or inconsistencies in paperwork

Fortunately, the SSA allows applicants to appeal the initial denial of their claims rather than having to start over by filing a new application. 

The SSD Appeals Process

An applicant whose claim is denied can pursue an administrative appeal within 60 days of the decision date. The administrative appeals process in the Social Security Administration involves three levels:

• Reconsideration: An applicant can request that the SSA reconsider their claim. During reconsideration, an applicant may submit additional information or documentation to supplement their application and address the reason(s) for the denial of their claims.
• Administrative hearing: Should the SSA uphold the denial of an application after reconsideration, an applicant can request a hearing before an administrative law judge. At a hearing, an applicant can present evidence, witness testimony, and legal arguments for why the SSA erred in denying their disability benefits claim. 
• Appeals Council review: An applicant can appeal an unfavorable decision by an administrative law judge to the SSA’s Appeals Council, which may dismiss the appeal, grant the appeal and issue a new decision, or grant the appeal and return the case to the administrative law judge for further consideration. 

When an applicant exhausts the administrative appeals process within the SSA, they can further challenge the denial of their disability benefits application by filing a lawsuit in federal district court and pursuing litigation in the federal courts. 

How Can an SSD Lawyer Help?

A Social Security disability attorney can give you a better chance of success during the confusing SSD application process. A lawyer can help you file or appeal a claim by:

• Reviewing your medical, financial, and work records to assess your eligibility for disability benefits
• Explaining your legal options to you
• Helping you prepare your application, including gathering necessary supporting documentation
• Communicating with the SSA on your behalf during the application review process
• Reviewing and explaining the basis for a denial letter and evaluating your appeal options
• Pursuing the administrative appeals process 

Contact Our Firm Today for Assistance

Need help applying for SSD benefits or appealing a denial? Contact Disability Advocates Group today for a free, no-obligation consultation with an SSD attorney to discuss your case and how we can help.