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An Orange County disability attorney from Aegis Law Firm can help you navigate the claims process and advise you on your legal options.
Arrange a free consultation with an Orange County disability lawyer today by calling Aegis Law Firm at (949) 379-6250 or sending us a message online.
A disability attorney can increase your approval odds and ensure you receive the benefits you deserve. Applying for Social Security Disability Insurance (SSDI) can be a frustrating and confusing process since you must complete paperwork and gather documentation while coping with an injury. A disability lawyer in Orange County can ease this stress by handling all aspects of your case. Their experience can make the process much faster, and if there are any hurdles, such as a claim denial, then they will defend you through the appeals process and fight for your rights.
If your doctor indicates that you are unable to return to work for at least 12 months, you may be entitled to collect SSDI in addition to workers’ compensation benefits. SSDI is a federal program run by the Social Security Administration (SSA), while workers’ comp is a state-run program. To receive SSDI, you must:
As a result, SSDI is typically reserved for workers seriously injured on the job. You will have to provide information about your medical condition, your normal income, whether you have or intend to file a worker’s comp claim, and various documentation. Earnings from your previous jobs are used to determine your monthly SSDI benefit payments. On average, disabled workers receive $1,358, and the maximum is $3,345.
However, although you can receive workers’ compensation benefits simultaneously, your payments can reduce your SSDI benefit amount. This is because the total amount from SSDI and workers’ comp cannot exceed 80 percent of your average wages. For example, suppose you are entitled to $2,000 in workers’ comp benefits and $2,200 in SSDI benefits, for a total of $4,200 a month. Let’s say you earned an average of $4,000 per month before you became disabled, which means you can receive up to $3,200 (80%). Since your benefits exceed 80% of your regular wages, SSDI will be reduced by $1,000. This process is called an “offset.”
The process begins by filing an application with the Social Security Administration (SSA). Applicants must provide detailed information about their medical condition, work history, and daily limitations. Most initial claims are denied, often due to incomplete medical documentation or failure to meet the SSA’s strict definition of disability.
If the SSA denies the initial claim, you can request reconsideration within 60 days. A different examiner reviews the case, but approvals at this stage remain low. Submitting updated medical records or clarifying work limitations can help strengthen the case.
If the SSA denies the reconsideration, the next step involves requesting a hearing before an Administrative Law Judge at the local Office of Hearings Operations (OHO), located in Orange County. You or your attorney presents evidence and may testify about your condition. The ALJ reviews all materials and may question medical or vocational experts before issuing a decision. This stage has the highest approval rate, especially when claimants present a well-documented case.
If the ALJ denies the claim, you may request a review by the Appeals Council. The Council can deny the request, remand the case for a new hearing, or issue a new decision. If all administrative options are exhausted, the final step involves filing a lawsuit in federal district court.
Processing times in Orange County can vary. According to the SSA, average wait times for an ALJ hearing in Southern California regions often exceed 12 months. Hiring an attorney familiar with local SSA offices and judges can help tailor the presentation of evidence for better results.
It is important that people who are unable to work receive the support they need to live comfortably and pay for medical expenses. Workers’ compensation and disability benefits were created for this reason. If you have been injured on the job or rendered disabled by an accident, you are entitled to compensation. Unfortunately, obtaining the benefits you need is not always easy. At Aegis Law Firm, our dedicated Orange County disability benefits lawyers fight aggressively on behalf of employees who have been injured on the job.
Don’t let the insurance company deny you the benefits you need. Call us today at (949) 379-6250 or contact us online for a free consultation.
Two primary federal programs offer disability assistance: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs are administered by the Social Security Administration (SSA), and applications for either can be filed online, by phone, or in person at a Social Security office. However, each has different eligibility requirements and benefits.
Applying for SSDI involves submitting detailed medical records, employment history, and personal information. Many applicants are initially denied, but appeals are available and often lead to approval if strong medical evidence supports the claim. SSDI provides monthly benefits to individuals who have worked and paid into the Social Security system through payroll taxes but are now unable to work due to a qualifying disability. To be eligible for SSDI, applicants must meet two main criteria:
SSDI benefits vary based on the applicant’s past earnings. After approval, you must wait five months from when it is determined your disability started before payments begin. After two years, you become eligible for Medicare coverage.
SSI provides financial assistance to disabled individuals who have limited income and resources, regardless of work history. This program is needs-based and is intended for people who are aged, blind, or disabled and have minimal financial assets. Here are the qualifications for SSI:
SSI applicants must provide proof of income, assets, and living arrangements, in addition to medical documentation. SSI benefits are fixed and are adjusted annually. In California, recipients may also qualify for a state supplement, as well as Medi-Cal coverage for healthcare.
Many legitimate SSDI claims are denied by the SSA. Here are some common leading reasons claims are often denied:
There must be strong medical evidence documenting your disability and how it prevents you from working.
Some people make the mistake of filing a new application instead of an appeal if their initial one is denied. Unfortunately, doing so increases the likelihood of another denial.
Disabled workers can only earn limited wages when receiving SSDI benefits. If they earn too much money, they are ineligible for benefits.
If a disabled worker does not follow their doctor’s treatment plan, their application will most likely be denied.
If a disabled worker ignores an SSA’s request for additional information, their claim will likely be denied.
At Aegis Law Firm, we understand how seriously a work-related injury can impact your life and how important it is that you receive the compensation you need. Our experienced team works tirelessly to ensure our clients receive the maximum compensation they are entitled to. Our Orange County disability benefits lawyers take the time to assess the full extent of our clients’ injuries, including short-term and long-term medical costs. Don’t accept the first offer from the insurance provider until you’ve spoken with an Orange County employment law attorney.
Call (949) 379-6250 to schedule your free consultation today.