When Should I File My Claim
You must file your claim between 9 and 49 days after the start of your disability. You cannot submit your application until the 9th day, and if you wait too long you may lose your benefits. If you file your claim after the 49th day, include a letter explaining why you couldn’t submit your claim on time.
Can You Receive Retroactive Payments
Once the SSA approves your SSDI application and calculates your monthly benefit, you may be entitled to a back pay award. How many months of payments you will receive will depend on the date you applied for benefits and your disability onset date.
If you are applying for SSDI benefits, you need the assistance of a skilled Social Security disability lawyer to get your application approved and receive the benefits you deserve. To schedule a free consultation with a member of our legal team, fill out the online form on this page or call our Roswell office today.
|
Related Links: |
How To File For Disability Benefits In California
Filing for Social Security disability benefits in California is something that Cannon Disability Law can help you with. Especially, if you have a mental illness or physical condition that prevents you from working for longer than 12 months.
There are two federal programs that can help you. The first is Social Security Disability Insurance. SSD benefits also come with Medicare benefits.
The second program is Supplemental Security Income . Receiving monthly SSI benefits also means you will get Medicaid benefits. Learn more about Medicaid benefits here. Both SSDI and SSI programs are run by the Social Security Administration.
Recommended Reading: How Long Does It Take To Get Va Disability
Ssi & Ssdi California Hearing Offices
California is part of Region 9 of the SSA. The Region 9 headquarters is in San Francisco. There are also 16 additional hearing offices in California
When applying for SSI or SSDI in California, it is important to know which hearing office you will use and how long you can expect to wait for your hearing. Below is a list of SSDI California hearing offices for your convenience.
Fresno Office of Disability Adjudication and Review
Suite 300
Telephone: 870-6385
Office Hours: 8:00 a.m. to 4:30 p.m.
Services the following Social Security Field Offices: Boyle Heights, Compton, Downey, Huntington Park, Montebello, Norwalk, Whittier
Oakland Office of Disability Adjudication and Review
Oakland Federal Building, Suite 200N
1301 Clay Street
Telephone: 366-4916
Office Hours: 8:00 a.m. to 4:30 p.m.
Services the following Social Security Field Offices: Antioch, Berkeley, East Oakland, Fremont, Hayward/Livermore , Oakland, Richmond, San Leandro, Walnut Creek
Orange Office of Disability Adjudication and Review
Centrum North, Suite 600
1120 West La Veta Avenue
Orange, CA 92868
Telephone: 593-1447
Office Hours: 8:00 a.m. to 4:30 p.m.
Services the following Social Security Field Offices: Anaheim, Brea, Fountain Valley, Garden Grove, Mission Viejo, Ontario, Pomona Valley, Santa Ana
Pasadena Office of Disability Adjudication and Review
Pasadena Towers 1, Suite 500
800 E. Colorado Boulevard
Telephone: 354-0220
Office Hours: 8:00 a.m. to 4:30 p.m.
Suite 250
Telephone: 770-1221
Telephone: 331-2219
How The States California Disability Benefits Program Works
If health problems force you to stop working for at least one week, you likely qualify for California disability benefits. The state manages these payments, and most employees in this state pay into the program through their payroll taxes. Some disabled workers that cannot claim SDI benefits include:
- Interstate Railroad employees
- Anyone claiming a religious exemption
Also Check: Social Security Payment Schedule 2021
Dds Examines Your Case For Ssd Eligiblity
After you file for benefits in California, the Claims Examiner reviews your case. The Claims Examiner looks at your medical records to see if you qualify for SSDI or SSI benefits. If you have questions or need to submit medical records, then you can submit information to DDS.
The Claims Examiner decides whether you meet SSAs rules to win benefits at the initial stage of your claim. They also make a decision at the reconsideration level. Find out more about disability in certain California cities here.
It is possible that the Claims Examiner will decide there is not enough medical evidence to determine if you can get benefits. If that is the case, then DDS may send you to a Consultative Examination. A Consultative Examination is when you visit a doctor for a one time exam. It is also free for you. For tips on what to expect at a Consultative Examination go here.
If the Claims Examiner denies your case at the reconsideration level, then you will need to file a Request for a Hearing. Your hearing request is due within 60 days of the date of the denial. It is important to file any appeal on time. For instance, you only have 60 days to appeal SSAs decision. You do not want to want to miss the 60 day time limit. If you do, you may need to start your application over. Unfortunately, you would then lose the benefits you would get under your first application.
What Is The Maximum Disability Benefit In California
Workers in California who qualify for Disability Insurance get benefits that temporarily replace a portion of their wages. For your own illness, injury, or pregnancy that is not connected to employment, you are eligible for disability insurance payments for a maximum of 52 weeks. Your medical practitioner or physician must also verify that you have the handicap in question.
Read Also: Is There A Tax Form For Short Term Disability
How Much Does California State Disability Pay
Your weekly benefit amount is calculated using a base period consisting of 12 months. SDI then takes that 12-month base period and divides it into four quarters. The quarter when you earned the most money is the quarter they use to decide your benefit amount.
You must have earned at least $300 in your base period, and you must have paid SDI taxes on those earnings . Your base period does not include wages paid at the time your disability begins.
Your weekly benefit amount is about 60 to 70 percent of wages earned, up to the maximum weekly benefit amount. The minimum benefit amount is $50 per week up to a maximum of $1,357 per week.
How Long Does Short
California will pay short-term disability payments for up to 52 weeks for most employees, if they remain unable to work for that long. But self-employed people can receive benefits for only 39 weeks .
Note that you can’t collect SDI payments and any of the following at the same time:
- unemployment benefits
- paid family leave benefits, or
- temporary disability benefits from California’s workers’ compensation program.
Don’t Miss: Can You Get Unemployment And Disability At The Same Time
You Disagree With The Doctors Work Restrictions Or Disability Status
You may believe that you cant work or that your doctors restrictions are incorrect. If that happens, you can request that a different doctor evaluates you and determines your temporary disability status.23
This doctor is called a Qualified Medical Evaluator or Agreed Medical Evaluator . They will examine you and give an opinion on your temporary disability status.24
The insurance company can also disagree with the opinion of your treating doctor regarding your temporary disability status and can also request a second opinion. This process is called utilization review.
Example: Nicoles treating doctor says that she can go back to work as a security guard. Nicole believes that she is still in too much pain to go back to work. Nicole can request a second opinion from a QME to determine if she can go back to work.
If Nicoles treating doctor says that she cant work, the insurance company can request a second opinion based on their belief that Nicole can work.
Why A Waiting Period
The five-month pause has been part of SSDI since the program began in the mid-1950s. The idea is to make sure applicants genuinely have a lasting disability, not a short-term illness or injury from which they might recover quickly, and to deter those who can work from applying. Congressional research has found that eliminating it would cost Social Security billions of dollars per year.
There are some exceptions to the waiting period. For example, a federal law passed in 2020 eliminated the wait if you are disabled due to amyotrophic lateral sclerosis . If Social Security determines that your disability from ALS began in November, you would be entitled to a benefit for December.
You may also be able to skip the waiting period if you need to go back on disability after being off benefits for up to five years. If the reason your SSDI stopped is that you returned to work and exceeded Social Security’s earnings limit for disabled beneficiaries, you can ask for your benefits to be resumed right away through a process called expedited reinstatement. You can receive provisional benefits for up to six months while Social Security decides if you are entitled to SSDI again.
Keep in mind
Don’t Miss: Social Security Office In Denton Tx
California Disability Insurance And Paid Family Leave
California provides short-term Disability Insurance and Paid Family Leave wage replacement benefits to eligible workers who need time off from work for qualifying reasons. Workers may be eligible for DI if they are unable to work due to a non-work-related injury or illness, during pregnancy and/or childbirth. Workers may be eligible for PFL to care for a seriously ill family member, to bond with a new child, and for a qualifying military exigency.
Additionally, the San Francisco Paid Parental Leave Ordinance requires employers to pay supplemental compensation for a covered employees full duration of leave when receiving the CA State Paid Family Leave to bond with a child.
Coverage Options: Employers can participate in the state-run program or self-insure the DI and PFL coverages with a voluntary plan. MetLife provides administrative services for employers who have state approved voluntary plans or Voluntary Paid Family Leave ).
Job Protection: The CA PFL and DI plans do not provide job protection, only monetary benefits. However, job protection may be provided through other federal or state laws such as the federal Family and Medical Leave Act or the California Family Rights Act .
Benefits:
- PFL: 8 weeks in a 12-month period up to $1,540/week
- DI: 52 weeks up to $1,540/week. The maximum benefit amount is $80,080.00.
Contributions: In 2022, the contribution rate is 1.1% of the first $145,600 for a maximum employee contribution of $1,601.60.
As of May 1, 2022
How Is The Sdi Benefit Calculated
The SDI program generally pays 55% of the average wages you earned before the start of your disability. To calculate your average income, SDI looks at a yearlong period that starts around 17 months before your disability, and ends around 5 months before your disability. Those 12 months are called your base period. SDI divides your base period into 4 quarters and uses the quarter when you had the highest wages to figure your average income, and your benefit amount.
Learn more about Calculating SDI Benefits, and check the chart of Weekly Benefit Amounts.
Recommended Reading: Did Joe Cocker Have A Disability
Pregnancy Disability Laws In California
California’s SDI program also covers employees who are temporarily unable to work due to pregnancy and childbirth. The usual period of disability recognized by the SDI program for a normal pregnancy begins four weeks before the birth of a child and extends to six weeks after the birth of the child. Additional weeks can be granted with proper physician certification in cases of difficult pregnancies or C-sections.
Why Should I Hire An Ssi Or Ssdi California Disability Advocate
SSI or SSDI California disability advocates help with several parts of the disability application process. At GAR Disability Advocates, we help individuals file for disability benefits, manage their reconsideration appeals, and present a strong case at their hearings.
We do everything we can to help every step of the way. Our SSI & SSDI California disability advocates want to guide you through the intimidating disability benefits application process.
We offer a contingency-based service, which means we only get paid if you get your benefits. If you are not approved for benefits, you pay us nothing.
If you need to apply for SSI or SSDI in California, call us today at 201-308-9520 or fill out our online form for a free evaluation.
You May Like: What Percentage Is Ptsd For Va Disability
Whos Eligible To Apply For Ssdi
We mentioned some exceptions to Californias SDI program coverage above. In a similar way, everyone who works isnt automatically covered under the federal SSDI program. Heres how to tell whether you have SSDI coverage before you apply:
- Did you work 5 in the last 10 years full-time at a job that withholds FICA taxes from every paycheck? If not, then you cannot qualify for California disability benefit payments under the SSDI program. Some people not eligible for SSDI include service-industry workers union members and federal or state employees. In addition, if you stopped working more than five years ago, you also wont qualify for SSDI. Thats because SSDI is a federal disability insurance program. Once you stop paying your premiums for 60 continuous months, your coverage automatically lapses.
- Does your doctor say your condition will last for at least one year or result in your death? If your condition improves enough for you to start working again in less than 12 months, your claims automatically denied.
- Are you at least 18 years old, but younger than 64? Again, SSDI is a disability insurance program that covers working-age people in the United States. If youre too young and havent earned 40 work credits, you might not qualify. But if youre already at or past your full retirement age, then youre no longer eligible for SSDI. Thats because SSDI converts into regular Social Security payments once you reach your FRA.
What Happens If I Work While Getting Sdi Benefits
If you can go back to work full time, you no longer get SDI benefits. If you return to work part-time, SDI looks at how much your SDI payments and your part-time wages are when added together. If that is less than what you earned before the start of your disability, you continue to get your full SDI benefit. However, if your SDI benefit added to your part-time wages is more than what you earned before your disability began, your SDI payment may go down.
For example, Sam earned $1,000 a week before his illness, and now gets $600 a week from SDI. After several months he’s able to go back to work part-time, and earns $500 a week. His $600 SDI payment plus his $500 in wages is $1,100, which is more than the $1,000 Sam earned before he got sick. So his SDI payment drops to $500, but he continues to get this partial SDI payment.
If you get a partial SDI benefit, you might get SDI payments for more than the 52 week maximum . For details, see How long does the SDI benefit last?
Don’t Miss: How Does Getting Married Affect My Social Security Disability Benefits
Cannon Disability Law The Best Ssd Attorneys In California
At Cannon Disability, we are experts in winning benefits. For example, in the last 30 years, we have won over 20,000 SSD and SSI cases for our clients. If you need help filing for benefits, contact our office. We can also help you appeal a denial from the SSA. Additionally, if you do not have medical evidence, then you can find a free or low cost California doctor here.
When you contact our office for help with your application, have some basic facts ready. For example, we will need to know your date of birth. Also, be ready with your wedding date and divorce date. We will also need to know the date you last worked. Also, we need to know the contact information for your doctors.
For instance, the application asks basic information about your family and your children. Likewise, you will need your work history. This means you need a list of all of the jobs in the last 15 years. Also, you will need to describe what job you did at each place of work. The SSA needs to know this information in order to process your application.
How Can I Get The California Temporary Disability Benefits I Am Due
Obtaining temporary disability benefits is a combination of understanding how your doctor determines work restrictions based on your injury and whether your employer is able to accommodate those restrictions.
You also need to understand how to file a workers compensation claim in California.
It may require someone knowledgeable in the field to put these factors together to get you the benefits you need to pay bills and recover from your injury.
For help and representation with California workers compensation claims, contact us here at Shouse Law Group. For cases in Nevada, please see our page on temporary disability in Nevadas workers compensation cases.
LEGAL REFERENCES:
Californias law against carrying a concealed weapon, Penal Code 25400 PC, makes it a crime for most members of the general public to carry a concealed firearm on their person or in a vehicle. There is an exception to Californias concealed carry law for people who have obtained a concealed weapons permit. In order to get this …
Read Also: How Long Does It Take To Get Disability Back Pay