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social security disability Archives

Past work and Social Security Disability

When people with disabilities in California or elsewhere in the United States file applications for Social Security Disability or SSI benefits, the examiner who reviews the application uses a series of steps in order to evaluate the claim and the applicant's current status. The applicant's medical records are used in order to determine their physical and mental capabilities and develop what is known as a rating for residual functional capacity, or RFC.

Disability depends on multiple factors

Social Security disability benefits are available to California residents who have physical or mental disabilities or a combination of disabilities that leave them unable to work for at least a year. Administrators, and in many cases, an administrative law judge, consider work history, vocational capacity and relevant medical information when deciding whether to approve or deny claims.

Dealing with a late appeal for SSD benefits

Some California residents may find the Social Security Disability application process to be lengthy and cumbersome. Many people who eventually go on to successfully receive SSD benefits first must go through an appeal process after an initial denial. Every disability claim decision carries a 60-day appeal period during which the applicant can appeal the denial of benefits.

Actions to take after being denied SSD twice

California residents whose application and reconsideration appeal for Supplemental Social Security Income or Social Security Disability benefits have been denied should file a second appeal. During the second appeal, the applicant will request a disability hearing.

How moving could affect Social Security benefits

California residents who become disabled may choose to file for Social Security benefits. Some of these disability recipients wonder what would happen to their benefits if they move to another state with a lower cost of living. Because Social Security disability payments are governed by federal law, moving to another state won't affect the amount of benefits received. However, some states offer supplements to disability payments that may be affected when a recipient moves.

Appeal period for SSD

People in California who have applied for Social Security Disability benefits and been denied typically have 60 days from the date of their decision notice to file an appeal. While the appeal period is 60 days, the Social Security Administration adds an extra five days to allow for the decision notice to be mailed, giving applicants have a total of 65 days to make sure that their appeal is filed with their local SSA office.

An overview of disability benefit criteria

California residents do not need to have a permanent disability to receive Social Security Disability benefits or Supplemental Security Income benefits. However, an individual seeking such assistance must have a total disability. To qualify as being totally disabled, an applicant must not be able to reach the substantially gainful income threshold in a given year. Those who receive benefits may be allowed to continue working as long as their income is below that amount.

Multiple factors must be met to receive SSD for depression

When people in California develop depression, the condition could last for days, weeks, months or a lifetime. Social Security Disability benefits could be available to people with depression when its severity and persistence can be documented. The first requirement that all applicants must satisfy involves an inability to work, which the Social Security Administration defines as sustained gainful activity. A person must lack the mental focus and fortitude to perform paid labor for at least 12 months.

The Social Security definition of disability

In California and throughout the nation, Social Security provides benefits to people who cannot work due to disability. To be approved for benefits, applicants must follow the proper application procedures, and their condition must qualify as a disability under the Social Security Administration's definition.

Contact the Law Office of Elizabeth Gade Inc.

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Grass Valley, CA 95945
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Roseville, CA 95661
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Sacramento, CA 95815
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Sacramento, CA 95811
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Woodland, CA 95695
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