Social Security Disability

     Disabled persons who apply for Social Security disability get very frustrated because their claims are  often initially denied.

     Social Security defines a disability as "the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be    expected to last for a continuous period of no less than twelve months."

     In plain English, to be eligible for disability benefits, you must be unable to work. This is not like a workers comp claim where you are found to be disabled if you can’t do your former job. Under Social Security rules you must simply be unable to work at anything at which you earn money.

     Social Security denies a large percentage of claims on the first go-around. Then you have to file a Request for Reconsideration, and a significant percentage of these are also denied. The next step is to file a Request for Hearing, at which an administrative law judge will give you an opportunity to tell him why you are unable to work. A large percentage of claims are approved after a hearing.

     Unfortunately, the process is lengthy. From the time a Request for Hearing is filed (after the first two denials) until you actually get to a hearing can be a year or more. Then it can take several more months to actually get a decision from the judge and maybe a couple of more months until you see any money. The total process is usually 18 months to two years.

     For more Social Security disability information, please visit our disabiity website, www.californiadisabilitylawyer.net. 

If you are disabled and unable to work, regardless of whether you have worked in the past, please call our office to schedule a free consultation to evaluate your claim.