Social Security Disability Attorney In Los Angeles

This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular

circumstances and claim, please contact a lawyer in your area. Please feel free to contact Disability Advocates Group at (800) 935-3170

or online if you have any questions regarding your Social Security Disability claim.

DAG Blog

Stay up to date on the latest news in social security disability law.

Why SSDI Benefits are Earned Benefits

If you have become unable to work due to a severe long-term disability, you should apply for Social Security Disability benefits. Provided that you have worked long enough to earn a sufficient number of work credits, you should apply through the Social Security Disability Insurance (SSDI) program.

You should not hesitate to apply for these benefits and to fight vigorously if your claim for benefits is denied because SSDI benefits are earned benefits. A Los Angeles disability benefits lawyer will help you to do everything possible to make your case so you can obtain the benefits that you have worked hard to earn. 

SSDI Benefits are Earned Benefits -- And You Deserve to Receive Them

SSDI benefits are considered earned benefits because you earn eligibility for these benefits by paying into the Social Security Disability insurance system. This is very similar to the way in which you pay into the Social Security retirement system so you can get money from Social Security during your senior years. 

When you work, money is taken out of your paycheck specifically to fund the disability benefits program. This is different from Supplemental Security Income (SSI), which is funded through general funds rather than through dedicated payroll tax deductions.  The money you pay in for SSDI supports the program and is sort of like paying insurance premiums for which you get protection if you become disabled.

Unfortunately, the Social Security Administration denies many claims for SSDI benefits despite the fact you have earned eligibility by working. If you are severely disabled and you want help qualifying for the benefits that you earned, you should reach out to a Los Angeles disability benefits lawyer as soon as you can. 

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Can You Qualify for Social Security Disability with a Congenital Disorder

Congenital disorders can be very serious medical conditions that can last for the long term. Many of these conditions make it impossible to work, which means that you may be eligible to receive disability benefits.

The Social Security Administration offers benefits through Supplemental Security Income, and Social Security Disability Insurance. To qualify for either benefits program on the basis of a congenital disorder, you'll have to show you have a condition that prevents you from working at any job for which you're qualified.

A Los Angeles disability benefits attorney will help you to prove your congenital disorder should entitle you to benefits.

Qualifying for Social Security Disability With a Congenital Disorder

Qualifying for disability benefits requires you to prove you have a condition on Social Security's listing of impairments, and associated symptoms with that condition -- or to prove you have a condition that is medically equivalent in severity.

The listing of impairments is informally called the "blue book" and it is divided into different sections. Congenital disorders affecting multiple body systems are included in section 10.00 of the blue book. Non-mosaic Down syndrome is the primary condition listed within this section of the blue book. If you have this condition and you can meet the specific criteria mentioned within section 10.00, you should be able to qualify for disability income provided that you can provide medical proof of your ailment and your limitations. 

If you have a different congenital disorder that is not listed, you will need to prove it is medically equivalent in severity. A Los Angeles disability benefits attorney will help you to make your claim and prove why your condition is severe enough to qualify you for benefits. 


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What are the Differences Between SSI and SSDI?

The Social Security Administration provides different options for disabled individuals to receive benefits. Two primary programs run by the Social Security Administration include Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).

Because both SSI and SSDI can provide for you if you are disabled, you need to understand the differences between the programs and decide which makes sense for you. A Los Angeles Social Security disability benefits lawyer can assist you in understanding each program and applying for the correct one for your circumstances.

Key Differences Between SSI and SSDI

The key differences that you should be aware of between SSI and SSDI include the following

  • SSDI requires you to have earned work credits, while SSI does not require a work history.
  • SSI is means tested, while SSDI isn't. You can qualify for SSI only if you have a limited income and limited assets while you can qualify for SSDI even if you have money and property. 
  • SSDI benefits are based on your past wages, while SSI benefits are not. You'll receive a larger benefit from SSDI if you paid a lot into the system. 

A Los Angeles disability benefits lawyer can assist you in carefully considering both SSI and SSDI to determine what program to apply for and can help you to apply for the program that is right for you. Proving that you are disabled enough to qualify for either program can be challenging, so you'll want to ensure you get legal help as soon as possible if you are disabled and hope to apply for benefits.

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Are Social Security Disability Benefits at Risk of Running Out of Funding?

​The Social Security Administration currently pays benefits out both for retirees and for people who are disabled. Money to pay these benefits is kept in a trust fund and the Social Security Administration publishes an annual trustees report summary detailing how long the trust fund is likely to last. 

Although the trust fund for retirement benefits is different from the trust fund for disability benefits, the Social Security Administration generally makes forecasts for the combined trust funds.  The Social Security Administration has revealed that the combined trust funds are projected to be depleted in 2034. 

This means if you need benefits from the Social Security Administration, you have a long way to go before those benefits will run out. A Los Angeles Social Security disability lawyer can provide assistance in applying for the benefits you need. 

​What Happens if Social Security Disability Benefits Run Out?

​If the Social Security trust fund does in fact run out of money, money will still be collected from current workers paying Social Security taxes. This money can be used to pay out benefits, although it is not enough to continue to pay benefits at current levels so benefit cuts would have to occur. 

There are also various proposals to try to shore up the trust fund to ensure benefits will not have to be cut even in the future. For example, there has been a proposal to raise the cap on the amount of money on which Social Security taxes are collected and there have been various proposals to change how cost of living adjustments are calculated or to change retirement age. 

While it's unclear exactly what changes will be made, the key thing to know is you should still apply for benefits if you're disabled without worrying about the money running out any time soon and a Los Angeles disability benefits lawyer can help.

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How Does the Social Security Administration Decide if You're Disabled

When you are disabled and you apply for Social Security Disability insurance, the Social Security Administration will make an assessment regarding whether you are sufficiently disabled to qualify for benefits.

More than half of all applicants for benefits are denied, so it is important to understand how the Social Security Administration determines if you are considered disabled enough to be eligible for benefits. A Los Angeles disability benefits lawyer can help you to submit the strongest possible claim for benefits. 

How the Social Security Administration Determines if You're Disabled

When the Social Security Administration assesses whether or not you are disabled, the SSA looks at a number of factors including:

  • Whether you're currently engaged in substantial gainful employment. If you're earning too much, you won't be considered disabled. 
  • Whether you can do any job, including jobs your qualifications transfer to, despite your disabling condition. 
  • Whether your condition will last for a year, has lasted a year, or will be fatal. 
  • Whether your condition is listed on the Social Security Administration's listing of impairments and if you have the accompanying symptoms required for that condition.  If your condition isn't listed, the SSA looks at whether your condition is equivalent in severity to the listed conditions.

A Los Angeles disability benefits lawyer can help you to prove you meet the key criteria to be considered disabled so you can maximize the chances of your benefits claim being approved. Contact an attorney for help as soon as you become disabled, as it takes time to put together a claim and get approved for benefits.

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Why should I apply for Social Security Disability Insurance (SSDI) benefits?

SSDI provides a regular monthly payment for individuals who have become disabled.  There are also other benefits that you can receive along with this monthly payment.

· Medicare Benefits: Regardless of your age, you are eligible to receive Medicare benefits 24 months after your date of entitlement of SSDI benefits.
· COBRA Extension: If you receive SSDI benefits, the length of your COBRA benefits may be extended an additional 11 months.
· Dependent Benefits: If you receive SSDI benefits any dependents under the age of 18 may also be eligible for benefits.

If you have become disabled and are no longer able to work, you should apply for SSDI benefits immediately.  As the process can be long and complicated, you should consider consulting with an attorney who specializes in Social Security Disability benefits.  If you have any questions regarding your current or potential Social Security Disability claim, please contact us.  We look forward to hearing from you.

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Disability Advocates Group is a law firm dedicated to serving individuals who have become disabled and are seeking to obtain the benefits they need and deserve. At Disability Advocates Group, we specialize in representing disabled clients in their claims for Social Security Disability Benefits.

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