What Is a Disability?
The Social Security Administration (SSA) provides a clear definition of disability, stating that it refers to the inability to engage in any substantial gainful activity (SGA) due to a medical condition that is expected to endure for a minimum of one year or potentially result in death.
“…the SSA has compiled a comprehensive list of qualifying impairments known as the Blue Book,..”
While the SSA has compiled a comprehensive list of qualifying impairments known as the Blue Book, it’s important to note that conditions not explicitly listed can still be recognized as disabilities if they are medically equivalent to a condition that is listed. This means that individuals with unlisted medical conditions can still pursue disability benefits if they can demonstrate the medical equivalence of their condition to a listed impairment. The determination of medical equivalence is based on thorough medical evaluations and assessments conducted by the SSA.
What Types of Disability Benefits Are Available in California?
If you are facing an illness or injury that prevents you from working in California, you may qualify for assistance through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs.
SSDI is designed for individuals aged 18 to 65 who are disabled and have made contributions to the Social Security system through income tax deductions. Eligibility for SSDI also depends on the accumulation of sufficient work credits, which considers factors like age and work history.
On the other hand, the Supplemental Security Income (SSI) program primarily provides benefits to disabled or blind individuals who are over 65 years of age. Unlike SSDI, it is not mandatory to have paid into the Social Security system. However, SSI applicants need to meet certain income and asset limitations. Additionally, children under 18 years of age with qualifying impairments may also be eligible for SSI benefits.
These programs serve as a vital safety net for individuals who are unable to work due to their conditions, providing financial support and assistance during challenging times.
Understanding The Disability Benefits Application Process
Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can be a complex process that involves various forms and the inclusion of crucial medical evidence. This evidence may include doctors’ reports, lab tests, radiological exams, surgical procedures, rehabilitation, physical therapy, prescription medications, counseling, and other relevant medical information related to your diagnosis and prognosis.
Unfortunately, many initial disability benefit claims are initially denied. This can occur due to factors such as insufficient work credits or errors in the application. In some cases, disability examiners may also determine that the applicant is still capable of working.
In order to navigate these challenges and secure the disability benefits you deserve, it is crucial to have the assistance of a skilled disability lawyer. By working with Jon Sipes, Attorney at Law, you can be confident that your application will receive careful attention, expertise, and personalized support. With his guidance, you can increase your chances of obtaining the disability benefits that are essential for your well-being.
Disability Appeals Attorney in Sacramento, CA
If you live in Sacramento and have received a denial letter from Social Security regarding your benefits claim, it is crucial to seek the assistance of Jon Sipes, Attorney-at-law. You have the right to file an appeal for your Social Security Disability Insurance (SSDI), but navigating the appeals process requires the expertise of a highly skilled disability lawyer to safeguard your rights.
Within 60 days of receiving the denial notice, you must file a Request for Reconsideration with the Social Security Administration (SSA). The claim will undergo a reevaluation conducted by a disability examiner and a medical consultant who were not involved in the initial review. For a reconsideration to be approved, there must be a new diagnosis or evidence of the condition worsening, but only around 20 percent of reconsiderations are successful.
The subsequent step is to request a hearing with an administrative law judge (ALJ) within 60 days of the reconsideration denial. The disability hearing is not a formal court proceeding but rather a meeting held at an SSA field office, involving the ALJ, your disability lawyer, any witnesses, and possibly medical experts, including your own doctor. The purpose of the hearing is to assess how your condition impacts your daily activities, and medical evidence and testimony from experts play a crucial role. With Jon Sipes by your side, you will navigate the disability hearing successfully and increase your chances of securing the benefits you rightfully deserve.
If your claim is denied at the hearing stage, we will escalate it to the Appeals Council for further review. The Appeals Council has the authority to overturn the decision, send it back to the ALJ for additional review, or affirm the denial. A skilled disability lawyer such as Jon Sipes understands the significance of a thorough and accurate medical record, as it carries substantial weight in the final decision made by the Appeals Council.
Why Contact Attorney Jon Sipes?
With a comprehensive understanding of the eligibility requirements for Social Security disability benefits, Jon Sipes, Attorney at Law, has a proven track record of successfully assisting clients in obtaining the benefits they rightfully deserve. His commitment lies in safeguarding the rights of disabled individuals in El Paso and the surrounding communities of Texas.
Attorney Sipes truly empathizes with the physical, emotional, and financial challenges that you face. By providing knowledgeable representation and personalized guidance, he aims to alleviate these burdens. As his client, you will have a dedicated disability advocate in your corner, diligently fighting for your rights.
Jon Sipes possesses extensive knowledge of the intricacies of the Social Security system. Through fostering strong relationships with disability examiners, he is equipped to make a meaningful impact on your disability claim. Known for upholding the highest ethical standards, Jon is recognized for delivering skilled and competent representation to his clients.
Above all, Jon Sipes, Attorney-at-Law, will steadfastly support you throughout the entire process and guide you through all aspects of your disability claim. Offering free consultations, he ensures accessibility to his services, and you will not incur any attorneys’ fees until he successfully secures disability benefits on your behalf. The sooner you reach out to our office, the sooner we can initiate the necessary steps for your claim.
This information included on these pages does not constitute legal advice and should be used as such. They are for informational purposes only.
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