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Gade & Parekh, LLP formerly the Law Office of Elizabeth Gade, Inc. Gade & Parekh, LLP formerly the Law Office of Elizabeth Gade, Inc.

Posts tagged "Social Security Disability"

Individuals must be totally disabled to receive benefits

Individuals in California who are seeking disability benefits must show that it will prevent them from holding gainful employment for 12 months. They may also qualify if a condition has prevented them from working for the last 12 months. When disability benefits are awarded, it is assumed that the disability is permanent. Those who receive benefits may be subject to a continuing disability review to determine if their conditions have improved.

The Social Security Disability appeals process

For many people in California, the Social Security Disability application process can be a lengthy and arduous ordeal. Many deserving claimants are denied when they first seek disability benefits. While some people give up on their claim after an initial rejection, moving forward with an appeal can provide a better chance for success. There are two initial appeals in the disability benefits process, and people have a much higher probability of success with the second stage appeal than with the initial reconsideration appeal. However, moving through the reconsideration process is necessary in order to obtain a disability hearing.

How work activity can affect a disability benefits application

People in California who are unable to work because of their disabilities may apply for Social Security Disability benefits. However, in order for people to receive benefits, they must be assessed as having significant limitations that prevent them from engaging in work activities. The Social Security Administration determines if an applicant is sufficiently disabled to receive benefit by evaluating his or her current condition as well as work histories. A disability examiner - or, later, an administrative law judge - will give the applicant a residual functional capacity rating.

What to expect after filing for disability benefits

Individuals in California may ask for disability benefits if they have a mental or physical condition that prevents them from obtaining a gainful living. Generally speaking, applicants who have had their applications denied will hear back in a relatively short period of time. This is because they only have 65 days to file an appeal. Typically, it takes at least one appeal before an application is approved, and it is not uncommon to appeal twice before this happens.

Social Security Disability and hearing loss

Some California residents with hearing impairments may wonder if they qualify for Social Security Disability benefits. There is some information about hearing problems included in the Social Security Administration's blue book for assessing disability eligibility, but it may indicate little about whether a particular claimant is eligible for benefits. When a claim is made for disability benefits based on hearing loss or impairment, there are several criteria that the agency may use to determine whether a particular applicant is eligible.

Can SSD benefits be cut off?

Many people living in California receive Social Security disability benefits. In most cases, these individuals rely on that income to pay for basic living expenses. As a result, benefit recipients are often concerned about the possibility that their benefits could be cut off.

Social networks may play a larger role in receiving SSD benefits

Some individuals in California have seen the way social networks can impact their life at school or work in a negative way. It may be surprising to some that what they post on Facebook and Instagram may soon affect their Social Security disability claim. In the budget for 2020 that was released by the Social Security Administration, more money would be used to examine social networks as a way to see if an applicant meets the criteria for disability benefits.

Medical vocational allowance could enable SSDI for MS patients

Multiple sclerosis affects many people in California. This neurological disease has no cure, and the symptoms typically worsen over time. Eventually, a person with MS will experience debilitating symptoms that interfere with motor function, mental function and vision as well as extreme fatigue. The Social Security Administration specifically recognizes MS as a disabling disease for the purposes of granting disability benefits as long as an applicant meets explicit criteria. Because of the progressive nature of the disease, a person might fall short of meeting enough requirements, but the medical vocational allowance offers a chance to collect benefits if the person can no longer work for a living.

The importance of listing every medical condition

California residents who are planning on filing for Social Security Disability benefits are advised to list all of their conditions when applying. This is because it is easier to have a claim approved on the basis of multiple conditions as opposed to just one. The more impairments that a person can claim, the more likely it is that an examiner will determine that an individual is unable to work now or in the future.

When to file for SSD

California residents who have some form of physical or mental impairment that significantly affects how well they are able to work should know if and when they should apply for Social Security Disability benefits. Filing for SSD is typically advised if a medical condition restricts a person's ability to work. This includes the abilities to do tasks a person has performed in the past as well as other types of work that are considered suitable due to a person's training, education and job skills.

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