Social Security Disability FAQ

How Do I Know If I Qualify for Social Security Disability Benefits?

San Jose and Fremont Social Security Disability Attorneys know that it can be complicated to understand whether you are eligible to receive Social Security Disability (SSD) benefits. Lawyers say the Social Security Administration applies a complex formula to determine each individual’s eligibility for Social Security. Attorneys explain that knowing whether you qualify requires a thorough understanding of both the law and your medical condition. The experienced San Jose and Fremont Social Security Disability attorneys at David Allen & Associates can help you understand the requirements and help you seek your entitled Social Security benefits. Our lawyers know the pitfalls and process.

How Does the SSA Define “Disabled” for Social Security?

San Jose and Fremont Social Security Disability Lawyers explain that Social Security Disability (SSD) benefits are only available to those individuals who have suffered a “total” disability. But our San Jose and Fremont Social Security Disability attorneys say few people know how to determine if their disability satisfies this requirement for Social Security. Our lawyers offer a summary of the SSA’s test for determining the answer to this question. To discuss your personal circumstances with a Social Security disability attorney who can help you obtain the benefits you deserve, please use the link below to contact David Allen & Associates today.

Who Decides If I am Disabled and Entitled to Social Security Benefits?

San Jose and Fremont Social Security Disability Attorneys say that the decision whether to grant your application is beyond your control when you apply for Social Security Disability. But, lawyers ask who decides if you are disabled and entitled to Social Security benefits? Disability attorneys also ask what applicants can to do help control their own destiny as much as possible? Our San Jose and Fremont Social Security Disability lawyers say these are important questions, and you are right to be asking them. The Social Security law firm of David Allen & Associates has offices in San Jose and Fremont and throughout California. Our Social Security disability attorneys can help you understand what you are up against in applying for benefits from Social Security disability. Our lawyers say it’s best to be prepared.

How Do I apply for Social Security Disability Benefits?

San Jose and Fremont Social Security Disability Attorneys say that there is a lot you need to know before you get started filing for Social Security Disability. Our lawyers know the significant volume of information you need to collect and the complexities involved in the application for Social Security disability benefits. Attorneys at David Allen & Associates San Jose and Fremont are highly experienced and can help you properly complete the application process.

If I Have a Preexisting Condition Can I Apply for Social Security Disability?

Our San Jose and Fremont Social Security Disability attorneys report that we often have new clients who have a pre-existing conditions such as cancer or diabetes. They wonder if they can apply for Social Security disability. Lawyers know this can be a very troubling issue. For example, our Social Security lawyers ask what happens if you have a pre-existing illness that still allows you to work, but then suffer a change in condition. Our San Jose and Fremont Social Security Disability attorneys say that change may prevent you from doing your job. Will the pre-existing condition prevent you from obtaining Social Security benefits or does the SSA still allow you to obtain Social Security benefits based upon your newly-acquired disability? Social Security attorneys at David Allen & Associates are able to sort through these and other difficult circumstances.

How Can a Social Security Attorney Help with My Social Security Disability Claim?

Attorneys at the Social Security law firm of David Allen & Associates San Jose and Fremont say if you recently suffered an illness or injury that prevents you from working at your job, you may be considering a visit to your local Social Security office. Lawyers add that you can also file an online Social Security Disability (SSD) application. Attorneys know, however, you will probably have lots of questions about the process and would like someone with experience to guide you along the time-consuming path to collecting Social Security benefits. Lawyers at David Allen & Associates are available in San Jose and Fremont . Our San Jose and Fremont Social Security Disability attorneys cover the Western United States and have a lasar focus on Social Security disability.

Attorneys Highlight Some Common Reasons for Denials of Social Security Benefits

Lawyers know that all disability insurance providers want to protect their bottom lines. Our San Jose and Fremont Social Security Disability attorneys say that insurers will fight to retain their revenue by rejecting your Social Security disability claim. Lawyers add that the federal government is no exception. These are the two most common ways that the SSA will deny a claim for Social Security:

• Attorneys say SSA will reject the application based on incompleteness or procedural errors in the Social Security application.
• Lawyers add that SSA will deny that you are disabled and therefore not qualified for Social Security disability.

Attorneys at David Allen and Associates San Jose and Fremont say that if you have not yet filed for disability, working with one of our Social Security lawyers will give you the best chance possible at success. If you have already filed and your claim was denied, our San Jose and Fremont Social Security Disability attorneys will fight back to prove your disability and win the benefits you deserve from Social Security disability. Our lawyers invite you to get started today by scheduling a consultation through our offices in San Jose and Fremont .

How Do I Appeal a Denial of My Social Security Disability Claim?

Attorneys know that if your SSD application has been denied, you are not alone. According to our San Jose and Fremont Social Security Disability lawyers, applications get denied all the time for a number of different reasons. Our San Jose and Fremont Social Security Disability attorneys at David Allen & Associates say denials range from incomplete information on the application to errors by the Services Specialist who reviewed the application for Social Security disability. Attorneys add that the SSA has implemented a set of formal procedures for appealing SSD denials of Social Security claims. Lawyers advise that if your SSD claim has been denied, our Social Security attorneys in the San Jose and Fremont law offices of David Allen & Associates can represent you in the appeal process.

Preparing for a Social Security Hearing

Lawyers say that if you are denied SSDI benefits and the denial gets upheld on reconsideration, the next step is to request a hearing before an administrative law judge (ALJ) at the Social Security Administration. During the hearing, our San Jose and Fremont Social Security Disability attorneys explain, you will have the opportunity to argue your case for your Social Security disability claim. Lawyers add that you can also present additional evidence and have witnesses testify on your behalf in support of your claim for Social Security disability. Our San Jose and Fremont Social Security Disability attorneys say that, following the hearing, if the judge believes that you are entitled to benefits, he or she will issue a decision reversing your denial of Social Security disability benefits.

Lawyers point out that this hearing is something to be taken very seriously. If you win, you get the benefits you deserve from Social Security. Attorneys add that, if you lose, you must either forego benefits or continue with the appeals process. Our San Jose and Fremont Social Security Disability lawyers say this process can easily take a year or longer. Our Social Security disability lawyers are here to help you prepare for your SSD hearing and represent you in front of the ALJ. With Social Security law firm offices throughout California, including in San Jose and Fremont , we assist clients throughout the Western United States in Social Security appeals.

Attorneys Explain Difference Between SSI and Social Security Disability Insurance

Attorneys say that both Social Security Disability (SSD) insurance and Supplemental Security Income (SSI) are government benefit programs. However, our San Jose and Fremont Social Security Disability lawyers say each has slightly different criteria for qualifying for Social Security. Attorneys say this is largely based on work history. Our Social Security benefits attorneys add that if you are disabled now or have been in the past, you may qualify for one or both of these programs for Social Security disability. Lawyers at the San Jose and Fremont Social Security Disability law firm of David Allen & Associates are highly experienced Social Security disability attorneys who help people achieve eligibility for SSD and SSI throughout California and the West.