San Diego Disability Lawyer

Finding yourself unable to earn an income due to a disability is a terrifying situation. Disabled individuals often feel uncertain about what to do and how to go about securing benefits. A San Diego disability lawyer can provide vital information, advice, and guidance on disability claims.

At Chermol & Fishman, LLC we are committed to helping clients get the benefits they need. We will explain your options for social security disability benefits and help you understand how social security disability law applies to your situation.

Whether you are just filing a disability application or navigating the appeals process, our experienced team can provide you with legal support. Contact our law office today for a free consultation.

How Can a San Diego Disability Attorney Help You?

Receiving benefits is not an option for many, it is necessary. Social security disability lawyers understand the importance of these benefits for their clients. Our law firm is dedicated to helping disabled individuals with their claim and advocating for them if they’ve been denied.

A San Diego social security disability attorney can:

• File your disability claim
• Gather medical records to support your claim
• Respond to requests for information from the Social Security Administration (SSA)
• If your claim is denied, determine the reason for denial
• Appeal a denial of benefits
• Represent you in an ALJ hearing and throughout the claim process

Filing for disability is unfortunately not straightforward. Let the team at our disability help center San Diego assist you.

SSDI and SSI Benefits in San Diego

Many individuals wonder how to apply for disability in San Diego and their options. If you have a long-term disability, you can receive benefits through the United States’ social security system. Benefits are available through two programs: Social Security Disability Insurance and Supplemental Security Income.

Under both programs, individuals must meet the SSA’s disability criteria. However, there are additional eligibility requirements for both programs and a difference in the benefits. Your attorney can help you determine your eligibility for each program and make a plan for claim filing.

SSDI Benefits

Eligibility for SSDI is based on an individual’s work history. Applicants must have sufficient work credits to meet SSDI requirements and have six full months of disability before they can begin receiving benefits.

Funds for these benefits come from the disability trust fund the individual paid into from contributions. Benefits are based on the participant’s lifetime average earnings

SSI Benefits

Eligibility for SSI is based on financial resources and age. Applicants are eligible to receive benefits one full month after the claim was filed or the date found eligible.

Funds for these benefits come from tax revenue and participants are not required to have made Social Security contributions to receive benefits. Benefits are based on the standard federal benefit rate and then reduced by the participant’s countable income.

What Disabilities Does a San Diego Disability Lawyer Handle?

A wide range of medical conditions are eligible for disability benefits under the SSA’s listing of impairments. To receive disability, the condition must prevent the individual from doing any gainful activity.

Some examples of conditions our SSDI and SSI advocate in San Diego County handles include:

If you are uncertain whether your condition qualifies for benefits, we can help. Call our disability helpline to discuss your case and learn more about your options. Our dedicated disability attorneys are here for you.

How to Apply for Disability in San Diego?

It is crucial to take the right steps to secure your rights to receiving disability. Missteps and mistakes can cause your claim to be denied or benefits delayed. While the specific actions you should take will depend on your condition and the status of your claim, here are some general actions you should take to secure your right to benefits.

1. Gather supporting documentation including your identifying information and medical records. Prior to applying, you will want to be certain to seek medical treatment for your condition and collect medical records and other documents that support your inability to participate in gainful activity.
2. Apply online https://www.ssa.gov/apply or at your local SSA office. Your disability attorney can file your claim on your behalf.
3. Be certain to fill out the disability application completely and accurately. Failing to do so can result in denial or delays. Working with an experienced social security lawyer can help reduce the chances of these kinds of mistakes.
4. Respond to all requests for information and attend any physician appointments requested by the SSA.
5. If your claim is denied, determine the reason for the denial and options to appeal.

A San Diego disability attorney at Chermol & Fishman, LLC can assist you throughout the application process for SSD, providing crucial guidance and support. Contact us now for assistance.

Eligibility Criteria for Social Security Disability in San Diego

To be eligible for disability benefits in San Diego you must have a medical condition that makes you unable to participate in gainful activity. In addition, there are specific work credit requirements that individuals must meet to receive SSD. Individuals can earn up to 4 work credits every year, with the number of credits earned based on their total yearly wages or self-employment income.

The number of work credits required to receive SSD is based on the applicant’s age at the time of disability. In general, individuals need 40 credits to be eligible for benefits, 20 of which need to be earned within the 10 years preceding their disability. However, younger individuals may qualify with fewer credits.

If you are uncertain whether you qualify for SSD, a social security disability attorney can help. They can verify the number of work credits you need to qualify and the credits you have earned.

What if My Disability Claim is Denied in San Diego?

If you were denied social security disability all hope is not lost. Our lawyers can determine why your claim was denied and the steps to take to reapply or appeal your denial.

You have four opportunities to appeal a claim denial:

1. Request for reconsideration
2. Hearing before an administrative law judge (ALJ)
3. Review with Appeals Council
4. Federal Court Appeals

Our attorney can advocate for you each step of the way, drafting persuasive requests and appeals, and representing your interests during hearings. If your claim was denied, don’t hesitate to contact us. We can help you develop an appeal strategy and fight for your right to disability benefits.

Contact A Disability Attorney in San Diego at Chermol & Fishman, LLC

At Chermol & Fishman, LLC, we know that these are challenging times. We are dedicated to helping disabled individuals get the benefits they need. If you are disabled and need help filing a claim, or your claim was denied, we can help.

Call us now for a free consultation. Our trusted disability lawyers in San Diego are ready to assist you.