Whittier California Social Security Claims Lawyers
While it’s true that most first-time applications for Social Security Disability benefits are denied, working with a qualified disability benefits attorney can save your time and effort in qualifying for and receiving disability benefits. Should you need to appeal a denial of benefits, our office has the resources, knowledge, and experience needed to leverage your case at all levels of appeal.
At Leland Law, we can help you at any step in the process of applying for Social Security Disability or Supplemental Security Income. Based in Whittier, we serve clients in the San Gabriel Valley, the San Fernando Valley and the Inland Empire. For more information regarding our practice and how we can help you, contact Social Security Disability benefits attorneys at Leland Law today.
The following process applies to SSDI and SSI claims in Southern California:
Step 1: Applying for Social Security Disability or SSI
For either Social Security Disability or SSI, an application for disability benefits may be filed at your local Social Security office or through our office. Our lawyers can assist you in filing a disability application in the appropriate cases: particularly if you have been disabled for at least 12 months with a significant impairment that is documented. You will need to provide information regarding your work, education, and medical history. You should call our office if you are asked to be examined by a Social Security Administration physician. Understanding what kinds of information to provide and how to approach your own doctor in regard to your disability application is important.
Having an attorney review your case will ensure that you provide a true picture of yourself and your disability.
Step 2: Denial of Your Disability Claim
You should not be discouraged if your disability claim is denied. From 80 percent to 90 percent of all applications are denied initially by the Social Security Administration. You can appeal the decision, and this is the time when most people seek legal representation. Our lawyers win the majority of cases we handle on appeal.
Step 3: Reconsideration
DON’T GIVE UP!
The next step in the process is the Request for Reconsideration from Social Security. If you are denied benefits, don’t give up. You may file an appeal online at the SSA website or give us a call at (800) 772-8112.
DON’T GIVE UP. Most people are denied once they file an application for SSD or SSI benefits. SSA denies applications because most people will give up after one denial. Don’t let them win! They are counting on it.
After an initial denial, you have 60 days from the date you received the decision to appeal or Request Reconsideration. If you do not submit your Request for Reconsideration within the 60 day time frame, you will be forced to reapply. Appeal the denial as soon as possible. Currently, reconsideration is taking at least 6 to 9 months for a decision.
WHO REVIEWS YOUR REQUEST FOR RECONSIDERATION
Disability Determination Services (DDS) will review your appeal. DDS is the statement agency that reviews all applications and appeals for SSDI and SSI benefits. Although it is the same agency that reviewed your initial application, it will not be the same person who reviews her case again.
It is critical that you submit updated medical evidence when you request reconsideration or in the months following. If you have no new evidence, they will make the same decision as the first person.
It is also helpful if you have a doctor who supports you provide a letter stating what your functional limitations are and your symptoms, and health of symptoms keep you from working.
CONSULTATIVE EXAMINATIONS
Often, at the initial or reconsideration levels, DDS will send you out for a consultative evaluation with one of their doctors. This is because they believe, rightly or wrongly, that they need more information about your medical conditions. You must attend these exams, or SSA will deny your claim.
These exams are generally very brief, and the reports contain general information. Everything you say to the doctor may appear in the report. Make sure that you are honest during your exam and keep in mind that anything you say can appear in the report.
OUR LAW FIRM CAN HELP YOU FILE A REQUEST FOR RECONSIDERATION
Our law firm can provide the guidance you need to navigate this process. Read About Us (please put a link to our about us page) to find more information about our lawyers and staff.
Do not give up. If you are denied, then we can help you file an appeal. Hiring an attorney can help increase her chances of winning benefits. Contact us for a free review of your case.
Step 4: Request for Hearing
If your claim is denied, then it is time to appeal the decision by requesting a hearing before an administrative law judge. It is critical to have competent legal representation at this stage of the process. Our lawyers make sure you have the right kind of medical and other evidence to give a true picture of your condition.
Hearings can be held by video, telephone or in person. Currently, the wait for a hearing is between 12 and 16 months. A request for an in-person hearing generally takes longer than video or telephone hearings, as in-person hearings are limited. In general, in-person hearings are not necessary, and video or telephone hearings will be adequate.
Attending a hearing by video or telephone allows you to attend in the comfort of your own home without the need to travel, deal with parking, or walking along distance. It also avoids unnecessary delay that occurs when a claimant requests an in-person hearing. Your attorney can help you determine which format best fits your case.
Our law firm can help you file your request for hearing and represent you before an Administrative Law Judge. Call us today for a free case review.
We will write to doctors who have examined and treated you to explain the Social Security regulations and the reports you need. If appropriate, we may refer you to specialists to examine you and may request reports from them. These doctors will give an honest appraisal of your disability. Of course, we do not guarantee that they will find you disabled.
Step 5: Your Social Security Disability Hearing
An administrative law judge will preside over your hearing. Testimony will be taken under oath, but the hearing will generally be somewhat informal. It is private: usually held in a small room with only the judge and his or her assistant, you, your attorney, and possibly your spouse or a friend.
As your attorneys, we prepare you thoroughly for the hearing, so there is no need to be apprehensive. Its purpose is to seek the truth and to carry out the purpose of the Social Security Act.
Step 6: The Decision
The judge generally will not announce a decision at the hearing. However, we can sometimes tell from the general atmosphere of the hearing whether it appears that the decision will be favorable. A written decision will be sent to your lawyer and to you. It usually takes at least two to three months after the hearing to receive the decision, if not longer. You should always contact your lawyer after you have received a decision from the administrative law judge.
If the decision is favorable, you should receive your first check approximately four to eight weeks after the decision.
Appeals Process
If the administrative law judge (ALJ) does not grant your application, you have other options. We can file a request for review with the Social Security Appeals Council. If they find that the ALJ made a poor decision or mistake during the hearing, they may require the ALJ to hold another hearing. If the appeal to the Appeals Council is unsuccessful, we can file a complaint in U.S. District Court.
Free Attorney Consultation – No Fees Unless We Win
To schedule an appointment with an experienced Social Security disability lawyer, call 562-219-4156 or fill out our simple contact form. There are no consultation fees and we charge no attorney’s fee unless we help you obtain benefits.