Sacramento Social Security Disability Attorney

What types of Disability Claims do Sacramento Social Security Disability Attorneys assist with?

Unfortunately, our Sacramento social security disability attorneys are limited to specific claims that qualify for Social Security benefits. Unlike other disability programs such as workers’ compensation or some private insurance programs, Social Security Disability does not provide for partial or short-term disability. Generally speaking, to qualify for Social Security Disability, you must be unable to be gainfully employed because of a medical condition that is expected to last at least one year or possibly result in death. The condition does not necessarily have to be permanent, however.

In addition to having a long-term or fatal medical condition, you generally must also meet specific recent and long-term earnings criteria. While there are some exceptions, the two main criteria are long-term disability and threshold earnings.

The list of specific types of benefits we represent clients with is broad. Your disability does not have to be work-related, genetic, or an acquired condition. Likewise, your disability does not necessarily have to be physical but may also be mental or emotional. There are some conditions on their face, such as drug or alcohol addictions, that would appear not to support a disability claim; however, those limitations are not always accurate, and a careful examination by our Sacramento Social Security Attorneys would be necessary to determine if you qualify.

The Application Process

For our attorneys, the application process is relatively straightforward. The process can terrify those who need legal training or have a vested personal interest.

The application process begins with a “simple” claim/application. The claim can be completed by phone, by visiting the local office, and even online. While that part is simple, it is the first step in a typically long process.

Assuming the application is denied (like most are), the next step is to file a “Claim Reconsideration.” The application is generally reviewed by the same department that denied it initially, so changing their mind is not usually the case.

The good news is that if the claim reconsideration is denied, you have a right to a Disability Hearing before an administrative law judge. This is generally your first real opportunity to make a case for your disability in the person. While having a Sacramento social security attorney during the previous steps may be helpful, having a reasonable attorney is very important. This is, unfortunately, your best chance to establish your case, and this opportunity should be taken seriously.

If you lose at this stage, your case is still ongoing, as you have the right to have the Office of Appeals hear your case. Unfortunately, the appeals process’s primary focus is whether there were technical errors. Appeals can be won, but they are complex—which is why the disability hearing before the Administrative Law Judge is essential.

If you have an unfortunate decision with the Office of Appeals, some remedies can be pursued in Federal Court. Still, unfortunately, the chance of success in Federal Court is usually even less.

Consequently, if you believe you have a claim for Social Security Disability, you should not take the hearing before the Administrable Law Judge lightly. You are hiring a Sacramento Social Security Disability attorney to assist you before the Administrative Law Judge is highly recommended.

What are some of the more common reasons that Sacramento Social Security Disability Attorneys see claims denied?

Some of the more common reasons that disability claims are denied include not only a lack of a long-term disability or meeting the historical earnings requirement but situations when:

• Clients are currently employed and making more than the qualifying income
• How the Social Security Administration decides if you qualify and if you’re disabled
• The condition does not appear to interfere with daily work functions
• There was a lack of sufficient medical evidence to support the case.

Likewise, some of the understandable reasons why claims are denied include: the applicant was injured while committing a felony; there was dishonestly or lying in the application process; the applicant failed to cooperate with the Social Security Administration during the application process; the applicant was unable to follow their medical provider’s suggested treatment program without substantial reasons; or the applicant failed to provide a means for the Social Security Administration to contact the applicant.

How much does it cost to hire a Sacramento Social Security Disability Attorney?

Like almost all attorney-client relationships, the fees for hiring a social security disability attorney are negotiable. Generally speaking, our fees are on a contingency basis which means that if we do not win, you do not pay anything!

Likewise, our fee agreement provides for our payment only from past-due payments and not future payments. The fees charged by attorneys are subject to negotiation depending on the case, but generally, our fees are limited to a maximum of 25% of the past due amounts and not to exceed $6,000. That fee is paid directly by the Social Security Administration and deducted from your past-due benefits. If you have been denied benefits, it is generally advisable to hire a Sacramento social security disability attorney to assist you at the Administrative Law Judge hearing to give you the best chance of prevailing.