Richard A. Gutstadt, P.C.

Who is eligible for Social Security disability benefits?

2023-05-26T23:06:50Z

Those who are unable to work due to physical or mental limitations will likely face financial hardships because of their disability. Many disabled individuals in California are unable to hold gainful employment and will not earn enough income to cover even their most basic needs. For this reason, the Social Security Administration offers financial support to qualified disabled applicants. It is helpful to have an understanding of how to qualify for this support.

The requirements applicants must meet

The SSA defines disability as a condition that is severe enough to prevent an individual from working or is expected to result in his or her death. There are two different disability programs, Supplemental Security Income and Social Security Disability Insurance. SSI is for applicants age 65 and older, or for those who do not have a work history during which they paid Social Security taxes. SSDI/SSI benefits are for individuals who are not of retirement age but do have a qualifying work history. To qualify for either type of benefit, an applicant must complete the application and provide sufficient documentation to validate the claim. Some initial applications come back denied, but it is possible to appeal.

It is helpful to have help

Applying for disability benefits is a difficult and sometimes complex process. Those who are seeking these benefits may want to seek the guidance and support of an experienced California Social Security attorney who can provide insight regarding the best way forward. This assistance may prove helpful in the prevention of setbacks and unnecessary delays.

Disability programs may place some applicants at a disadvantage

2023-05-14T20:22:03Z

It is not easy for disabled individuals to secure the financial support they need. The Social Security Administration requires a complex application process for individuals to simply seek the disability benefits they require as they are unable to maintain gainful employment. However, these complicated and unfair systems may place lower-income, disabled applicants at an even greater disadvantage, causing many of them to make difficult choices.

Waiting and struggling

California residents that apply for disability benefits may find that the process is lengthy, and many initial applications come back denied. For many, this waiting period places a significant financial strain on those who cannot work. This may place lower-income individuals in poverty conditions, and some may be forced to make desperate decisions, such as filing for early retirement simply to have enough money each month to make ends meet. After a denial, the applicant has the right to appeal the denied claim, however, this process is typically lengthy as well. The slow processing time and dysfunction of the Social Security system is frustrating and not likely to improve in the near future. While many may feel as if they have no choice but to take early retirement, this is not always the best choice long-term.

Protecting long-term interests

Before applying for disability benefits, it may be helpful to seek the guidance of an experienced attorney. This assistance may be useful at every step of the process, possibly helping a California applicant avoid issues. Before applying, it is beneficial to have an assessment of the individual case and an explanation of eligibility requirements.

What’s the intent of the Social Security Compassionate Allowance?

2023-05-05T18:42:19Z

When an individual is unable to work due to a physical or mental condition, that person could be eligible for financial support through the Social Security Administration. The SSA is a government program that offers support for those who are unable to maintain gainful employment. The Social Security Compassionate Allowance is a program that offers benefits to some California applicants who need support quickly due to grave medical needs.

Qualifying for compassionate allowance

Compassionate Allowances allow the SSA to quickly identify serious medical conditions and diseases that are disabling. These serious diseases may include cancer, brain disorders and health conditions that affect younger applicants. This means that qualified applicants may be able to receive the financial support they need in a timely manner. It often can take an extensive period of time to secure disability benefits.

The SSA uses technology to identify Compassionate Allowances applications. The organization is also constantly using new information about diseases and health conditions to update their system. This allows them to make decisions faster, particularly in cases where the applicant has a pressing need for financial support.

Applying for benefits

If a potential applicant is considering a disability claim, he or she may benefit from seeking legal assistance from the earliest stage of the process. This may give the applicant a higher chance of success with his or her claim and lower the chance of complications. It will be helpful to speak with an experienced California disability attorney before moving forward.

Many disabled individuals do not get the benefits they need

2023-04-22T23:35:56Z

It is often difficult for those who are unable to work to pay for basic daily needs, including food, clothing and housing. These needs are critical, but without regular employment, disabled individuals in California may face significant financial struggles. The intent of the disability benefits programs through the Social Security Administration is to provide support for qualified applicants. However, studies find that many do not apply for or receive the benefits they need.

Don’t miss out on important support

Recent research indicates that as many as one million disabled individuals are not receiving disability benefits for which they are eligible. This means only 47% of those who have work-limiting physical and mental disabilities get financial support from the SSA through the Supplemental Security Income program or the Social Security Disability Insurance program. There are varying reasons why so many go without critical support. One reason may be that it is difficult to get approval due to staffing shortages and delays in application processing. The SSA also strictly limits how much one can work while remaining eligible for these benefits.

Seeking guidance at every step

The process of applying for and securing disability benefits is not easy, even for those who have legitimate disabilities and employment limitations. It may be in the interests of a qualified applicant to seek the support and guidance of an experienced California disability benefits attorney before moving forward. This legal guidance may prove invaluable when navigating the application process and dealing with unexpected setbacks.

When will SSDI/SSI recipients get their disability checks?

2023-04-07T22:24:12Z

A disabling medical condition is much more than just an inconvenience for those suffering from them. Certain mental and physical conditions can prevent someone from working and earning the income he or she needs to address daily needs. The intent of disability benefits from the Social Security Administration is to provide these individuals with support in order to address their most basic financial concerns. Disabled California residents may rely on these benefits, and it’s important to know when to expect this money each month.

The timing of SSDI/SSI checks

Social Security Disability Insurance is a disability program designed for the financial support of disabled individuals that have an established work history and have paid Social Security taxes. The amount that a recipient could receive depends on factors that are specific to the individual situation, including the amount previously paid in Social Security taxes. The date on which the applicant can expect payment depends on his or her date of birth and the year he or she began receiving payments. For someone who applied for SSDI/SSI benefits in 1997 or earlier, the payment should arrive on the third of each month. This date could change depending on holidays and weekends. For those who started receiving these benefits after 1997, the date they will receive benefits each month depends on the recipient’s date of birth.

Applying for benefits

Those who are unable to work due to a disabling medical condition could be eligible for disability benefits. Someone considering taking this step may benefit from first discussing his or her options with an experienced attorney. The application process is complex, but having assistance may reduce the chance of complications.

Why does the SSA deny some disability claims?

2023-03-24T21:15:38Z

When unable to work, a California resident may seek different types of financial support for his or her daily needs. For some, this may mean completing an application for disability benefits through the Social Security Administration. In order to qualify for these benefits, there must be clear evidence of a disabling physical or mental condition. Unfortunately, even with a valid claim, some initial claims still come back denied.

Reasons for denial

There are a variety of reasons why the SSA could deny a valid claim for disability benefits. When reviewing an application, there are specific factors that could impact the outcome of the claim, including the evidence and medical documentation provided. The SSA evaluates the following when reviewing claims:

Is the applicant capable of working as they did in the past?
Does the applicant have a valid disabling condition?
Is the applicant currently working?
How severe is the applicant’s condition?
Can the applicant do any other type of work?

If there is insufficient evidence proving disability or the SSA believes the applicant could still work, the applicant may not get his or her initial claim approved.

After a denied claim

A denied claim is frustrating, but it is not the end of the road. There are options for appeal, as well as a request for the SSA to reconsider the application. It may be helpful to work with an experienced California attorney in order to have assistance with every aspect of the disability claims process, from completing the paperwork to appealing a denied claim.

The difficulty of seeking disability benefits after Covid

2023-03-07T23:13:41Z

When an illness prevents someone from working, that individual may need to seek benefits and support in order to meet his or her own daily needs. Disability can be the result of severe illness from which one may never fully recover, such as those who continue to struggle with the implications of long Covid. Some who became ill with Covid find that they are unable to return to normal life or work as they did before they got sick due to severe lingering effects.

The effects of long Covid

As Covid is a relatively new illness, its true long-term impacts are still uncertain. However, millions of Americans who suffered from this illness never truly recovered. Some find that they still struggle with cognitive problems, extreme fatigue, migraines and more. These things could prevent one from holding gainful employment in California. However, many have found it difficult to secure disability benefits from the Social Security Administration. From muscle weakness to mental fog, the effects of long Covid differ from person to person. However, patients who report these symptoms have said they’ve struggled for months or years after the initial illness. The ones who have applied for disability benefits have found the waiting periods to be long and frustrating.

The difficulty of securing benefits

It can be extremely difficult to secure disability benefits, even with a valid claim. If a potential applicant is considering seeking disability benefits after struggling with long Covid, he or she may benefit from speaking with an experienced attorney. A California lawyer can provide insight regarding how to navigate the process with fewer setbacks and complications.

Could disability benefits change in the near future?

2023-02-24T22:47:48Z

Many people who are unable to work due to a disabling medical condition depend on financial support from the Social Security Administration for assistance each month. Qualified applicants with disabilities may apply for Supplemental Security Income, a specific type of disability program. However, newly proposed rules from the SSA could affect those who currently receive those benefits or who may receive them in the future.

Changing the determination of monthly payments

The amount of SSI benefits a California applicant receives depends on many factors that are specific to the individual situation. In an explanation of the proposed changes, the SSA states they could reduce SSI benefits by as much as one-third of the monthly amount received if someone else buys the beneficiary groceries or provides meals to that individual. The SSA says that the current system is not effective. The proposed changes do not impact the way that SSI beneficiaries receive support for housing and shelter. If passed, the SSA intends to ask recipients if they eat all of their meals out and whether they pay for their food separately from others who live in their homes. Advocates support these changes and say that they could be helpful for disabled individuals who struggle with food insecurity.

Advocating for disabled individuals

Disabled individuals in California who are seeking disability benefits will find it helpful to speak with an experienced attorney. A lawyer who understands the Social Security system can provide help and guidance to someone seeking important financial support. Those who have disabilities may first need an explanation of benefits and eligibility requirements.

Processing times for disability applications are extensive

2023-02-12T22:04:39Z

If an individual cannot support himself or herself due to physical or mental limitations, that person may have a valid claim to benefits through the Social Security Administration. The SSA offers financial support for those who have valid disabilities, but unfortunately, California claimants are finding that the processing times are long, and it can be months or longer before they learn if they will qualify for benefits.

Delays, backlogs and more frustration

Unfortunately, the SSA is facing a serious backlog of disability applications. Processing times are long for many reasons, including pandemic-related office closures, shortages of staff and more. These delays sadly impact those who are hoping for relief and financial support, and there is no evidence that the SSA has a plan for addressing these delays in the near future. Underfunding is also a major factor in the slow processing time, and estimates suggest that there are millions of disability applications waiting for review. According to the SSA, around 170,000 people were informed of their application status in December, with many of them waiting an average of seven months.

Avoiding unnecessary delays

The process of seeking disability benefits is long and frustrating, especially for those who have no other source of income. A California applicant would be wise to avoid any unnecessary and preventable delays, something that is easier to accomplish with the assistance and guidance of an experienced attorney. Legal guidance at every step of the application process may give an applicant a higher chance of success and avoid setbacks that will result in a longer waiting period to get critical financial support.

Waiting for disability benefits can be long and frustrating

2023-01-27T21:31:31Z

If one is unable to work due to a physical or mental condition, that individual may find it difficult to pay for basic needs, such as housing, food or clothing. To offset the economic suffering brought on by a disability, the Social Security Administration offers benefits to qualified California applicants who need financial support. Unfortunately, the application process for disability benefits is long and frustrating, and it can be challenging to secure rightful benefits.

Prolonging suffering

In order to secure disability benefits, one must meet certain eligibility requirements. However, even qualified applicants who complete the appropriate paperwork and include the necessary documentation may wait a long time for the support they need. Applicants may continue to suffer physically and financially as they wait for the approval and their money. One of the problems is that SSA offices are short-staffed, and there are not enough employees to process applications in a reasonable amount of time. Some applicants note they waited months just to hear about their status, only to learn that the SSA needed additional information before approving them. This problem may continue as the SSA is down several thousand employees while claims have only increased.

Fighting for support

Seeking and securing disability benefits can be a long and frustrating process. California applicants will benefit from the support and guidance of an experienced Social Security disability attorney who can assist with every step, from the completion of the application to appealing a denied claim. It may be beneficial to have this guidance from the earliest steps of the process.