How To Get Disability In California

Some Publications That Will Give You More Information On Disability Benefits

The Disability Starter Kit will help you get ready for your disability interview or online application. Kits are available for adults and for children under age 18.

The starter kits provide information about the specific documents and the information that we will request from you.

The kits also provide general information about the disability programs and our decision-making process.

Here are some additional resources with information on disability benefits:

• Disability Evaluation Under Social Security – Medical criteria for evaluating Social Security disability claims

You May Qualify For Legal Assistance

Applying for California disability benefits is often confusing, since you have three different programs to choose from. If you need help, talk to an experienced Social Security attorney for free over the phone. Having a California disability lawyer file your paperwork makes you almost 3x more likely to secure benefits. All California disability lawyers work on contingency, so youll pay nothing for claim help now.

Already denied benefits? A California disability lawyer can review your claim and fix any mistakes. Just remember: You wont pay anything unless a California disability lawyer helps you win benefits. And if you do win, youll only pay a small, one-time fee.

Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!

If Youre Not Able To Return To Work Within 12 Months And Are A Member Of Ucrp Talk With The Retirement Administration Service Center About Your Situation

• If you’re eligible for UCRP disability benefits, a representative will send you the required application forms.
• Return the forms ASAP your disability date is based on when your application is received.
• If you apply within 120 days of leaving UC employment, youll preserve your right to continue your retiree health coverage, so long as your coverage is continuous.
• If you receive UCRP Disability and have a CAP balance, youre required to take a distribution or roll over the CAP funds. Its best to choose the rollover otherwise the disability carrier will reduce your monthly benefit by the amount of the distribution. You also have the option to suspend your 403 loan repayments, if you have any.

• Resources

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Check Out Reviews From Allsup Customers Who Received Ssdi Benefits

“I am so glad that I partnered with Allsup while pursuing my SSDI benefits. They took all the anxiety out of the process. Every rep that I spoke with was very friendly and helpful EVERY single time.”

Sherry

“I feel very fortunate to have the guidance of the Allsup team manage my claim, and I make sure everyone knows of the services provided. If not for them, I’d likely still be muddling through. Thank you!”

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“Their staff, at all levels have treated me with dignity, respect and incremental results on my journey. Their customer analysts, are amazingly skilled with EVERY communication.”

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Ways Employees Can Disqualify Themselves From Sdi

In some situations, employees can lose their eligibility for SDI benefits. Benefits are not available for an employee who:

• missed the doctor’s appointment that the EDD set up
• is unable to work as the result of a felony he or she committed
• is incarcerated after being convicted of a crime
• is receiving unemployment benefits
• is receiving sick leave that equals his or her full salary or regular wages
• is receiving paid family leave benefits, or
• is receiving workers’ comp payments that are higher than what the employee would receive from SDI.

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What Is Paid Family Leave

Paid Family Leave is part of the State Disability Insurance program. PFL replaces some of the income you lose when you miss work to care for a sick relative or bond with a new child, for up to eight weeks in a year. Your benefit amount is calculated the same way as SDI, but there’s a different form to apply for PFL.

Note: Before July 1, 2020, you could only have six weeks of PFL per year.

Two Types Of Disability Ssi & Ssd Benefits

There are two types of disability insurance that you can purchase: short-term and long-term. Short-term will typically replace a portion of your salary from three to six months after the onset of a disability. Long-term benefits will generally begin six months after your disability begins. Long-term benefits usually last a few years until you are able to return to work. However, they can also last until retirement age.

Typically, private insurance limits mental health payments to a two year term. This is not true across the board. But most policies put a limit of two years on payment for mental health disabilities, like depression or anxiety. Therefore, if you have a combination of impairments, like a severe back impairment and depression, you should make sure the insurance companys payments are based on your back impairment. Because, if they base payments on your mental health impairment, there will be a time limit on the payout period.

Every insurance policy, whether it be short or long term disability, is different. Each policy also contains its own guidelines. If you read your policy, then you will know the timelines that it offers.

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What Is My Base Period

Review the following to find your base period.

2. Find your base period.

Your benefit amount is based on the quarter with your highest wages earned within the base period.

A base period covers 12 months and is divided into four consecutive quarters. The base period includes wages subject to SDI tax that were paid about 5 to 18 months before your disability claim began. The base period does not include wages paid at the time your disability begins. For a DI claim to be valid, you must have at least $300 in wages in the base period. The following information may be used to determine the base period for your claim.

If a claim begins on or after January 1, 2022:

The base period is the 12 months ending last September 30.Example: A claim beginning February 14, 2022, uses a base period of October 1, 2020, through September 30, 2021.

The base period is the 12 months ending last December 31.Example: A claim beginning June 20, 2022, uses a base period of January 1, 2021, through December 31, 2021.

The base period is the 12 months ending last March 31.Example: A claim beginning September 27, 2022, uses a base period of April 1, 2021, through March 31, 2022.

The base period is the 12 months ending last June 30.Example: A claim beginning November 2, 2022, uses a base period of July 1, 2021, through June 30, 2022.

You can get a general estimate by using our online calculator.

Filing For Disability In California For Mental Health Conditions

Our law firm can also help you win SSD or SSI benefits. Especially, if you have a mental condition that prevents you from working. For example, you may have one mental impairment or a combination of mental conditions. Either way, we can help you with your case. Disability benefits are available for many mental health disorders, including:

• Traumatic Brain Injury

In addition, mental health issues can combine with physical impairments. If you cannot meet SSAs criteria under one mental health impairment, then you may have a disability due to your residual functional capacity. Find out more about winning disability benefits in California using your residual functional capacacity here.

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If Im Injured On The Job Am I Eligible To Collect Sdi

In general, no. If youre injured on the job and cannot work, you should qualify for temporary income replacement through Workers Compensation.

There are two exceptions. First, if the amount of money paid to you from your Workers Compensation benefits is less than what SDI benefits would pay, then you may make a claim for SDI to cover the difference. Second, if there is a delay in your Workers Compensation application you may apply for SDI benefits until the dispute is settled.

If your Workers Compensation claim is later approved, you will have to pay back the SDI you received so that you dont get double benefits for the same period of time. If you receive both Workers Compensation and SDI benefits for the same injury, be sure that you keep the EDD updated on your Workers Compensation claim and the Workers Compensation carrier updated on your SDI claim, so that you can avoid an overpayment.

Ssi & Ssdi Benefits Qualification Lawyers In California Handling Your Benefits With Care

It can be difficult to deal with a disability, especially if you are not sure if you qualify for benefits. The experienced attorneys at Roeschke Law can help you determine if you are eligible for Supplemental Security Income or Social Security Disability Insurance benefits. We will work with you to gather the necessary documentation and evidence to support your claim. Contact us today to see how we can help you get the benefits you need.

While the qualifications to receive SSI & SSDI benefits can potentially keep people from getting the benefits they need, we can work hard to help you qualify and file for benefits. Call us today at 906-2556 to learn more about your options.

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Why Would A Disability Claim Be Denied

There are many reasons why a disability claim can be denied. Some of the most common reasons include:

• Not meeting the SSAs definition of disability
• Earning too much money to qualify
• Failing to provide enough medical evidence
• Lack of recent treatment
• Quitting a job or not looking for work
• Drug or alcohol abuse

If your claim is denied, dont give up. You have the right to appeal the decision. The appeals process can be long and complicated, but its worth it if youre finally approved for benefits. Our law firm can work tirelessly to assess your specific situation, address your potential qualifications, and help you file for SSI or SSDI disability benefits.

How Other Benefits Affect Your Sdi Benefit

Sick pay or PTO. Paid sick time, PTO, or holiday pay that you receive while receiving SDI will be subtracted from your SDI benefit amount, as will wages for part-time work . You can ask the EDD to “integrate” the SDI benefit with your sick pay or PTO, however. If your employer agrees, your employer can pay you just enough sick time or PTO so that, when combined with SDI, you will be receiving the same amount as your normal salary or wages. On your application form, you write “Integrated Benefits” for the type of pay you are receiving from your employer.

In addition, you may receive sick time or PTO for the first seven days of your disability, since SDI will only start paying you on the eighth day.

Paid vacation. Receiving paid vacation benefits will not affect your SDI payment.

Social Security disability. If you apply for and are approved for Social Security disability benefits, the state may subtract your disability benefits from your SDI payment.

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Get A Medical Certification

Your physician/practitioner must certify to your disability by completing and submitting the medical certification using either SDI Online or the DE 2501 Part B Physician/Practitioners Certificate of the paper claim form. It is your responsibility to have your physician/practitioner complete and sign the form and submit it to us within 49 days from the date your disability begins or you may lose benefits.

Have your physician/practitioner complete the medical certification portion of your disability claim.

• A nurse practitioner may certify to a disability within his/her scope of practice however, he/she must perform a physical examination and collaborate with a physician or surgeon.
• A licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification for disabilities related to normal pregnancy or childbirth.
• If you are under the care of an accredited religious practitioner, you may download and print the Claim for Disability Insurance Benefits-Religious Practitioners Certificate .

Note: Your claim is not complete until your physician/practitioner completes a medical certification.

How Much Of Your Wages Will Be Replaced By California Sdi

The amount financial support that you can receive per week depends on your salary. The benefit will be calculated using your base period during which you must have paid into the program. You can verify that youve made contributions by checking your paystubs, it will be listed under CASDI.

Your Weekly Benefit Amount is estimated as 60 to 70 percent of the wages you earned 5 to 18 months prior to the claim. The most you can receive in 2022 is $1,540 per week for a total of $80,080 should you qualify for the maximum of 52 weeks. To see more on calculating your weekly benefit you can check out the online Disability Insurance and Paid Family Leave Calculator.

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Your Health Care Rights

The Americans with Disabilities Act of 1990 , federal legislation and California state law all prohibit discrimination on the basis of a disability. However, these laws are limited in a number of ways, and they dont require insurance companies to sell you policies.

Medical providers cannot refuse to treat you because you have a disability. But they can refuse to accept you as a new patient if they are refusing other Medicare patients, or if they dont treat anyone with Medicare. Medical providers are also permitted to refer you to another provider if the care you need is not within the scope of their practice.

If you think a physician or health care plan is denying your disability rights, file a complaint with your medical group, your plan and the U.S. Department of Justice . If you need help, contact your local Health Insurance Counseling & Advocacy Program office for free counseling and information.

Our Guide To Avoiding Common Mistakes

When you cant work because of health issues, it affects your whole life.

Sure, your health becomes a focal point. But how are you going to pay your bills without an income? Your bills dont have any sympathy for youthey keep arriving, month after month.

In your search for solutions, became your best option. The monthly checks help people like you avoid a financial nightmare. They let you focus on the most important part of your life: your health.

Winning benefits can be hard. Many applicants are denied on their first try.

At Angelina Valle & Associates, we often see clients walk through our door bewildered after a rejection.

Our tips for how you can avoid the most common mistakes we encounter:

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Amount Of Sdi Payments

The amount of your bi-weekly payment is tied to how much you earned during your base period. You will be paid 60-70% the amount of the average wages that you were paid by your employer during the calendar quarter of the base period that you made the most money. If you worked two jobs during your base period, your average wages will include wages from both jobs.

However, the maximum weekly amount is $1,357 . SDI payments are not taxable .

The EDD website includes a chart of weekly SDI benefit amounts based on the amount of money you made in the highest quarter of your base period.

What Is Social Security Disability Insurance

Social Security Disability Insurance is a federally run benefits program that provides aid to people who are unable to achieve gainful employment due to a permanent disabling condition.

SSDI is financed by the Social Security tax. Therefore, any person that qualifies as disabled according to the definition provided by Social Security Administration , and who has paid Social Security taxes long enough to achieve sufficient work credits, can qualify for SSDI.

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Present The Right Evidence

To win your claim, youll need to clearly prove your disability prevents you from working. That means every shred of medical evidence available must be included.

If theres any doubt to your condition on your application, a swift denial will be issued. A few of the items youll need to include on your application:

• Hospital records

Challenging The Pd Rating And Getting Help

Because your PD rating plays an essential role in determining the amount of benefits you’re owed, it’s important to understand the rating and challenge it if you think it’s wrong. And because the rating is based on the doctor’s description of your impairments, you should carefully read the medical reports and identify any errors in the description of your injuries, limitations, or complaints about pain, fatigue, or the like. If you disagree with anything in the report, you should promptly let the insurance company know in writing.

You can also request a reconsideration of the summary rating within 30 days. While it’s theoretically possible to do this on your own , you should know that the PD rating process is very complicated and difficult to understand without the help of a workers’ comp lawyer. Permanent disability benefits are a big expense for insurance companies, and you can be sure they’ll use all of their considerable resources to try to limit your PD rating. An attorney who’s experienced in workers’ comp will understand the process and know the best way to protect your right to the benefits you deserve. A lawyer may also negotiate with the insurance company to reach a settlement of your workers’ comp case, which could include an up-front, lump-sum payment.

For an in-depth explanation of calculating permanent disability benefits, see California Workers’ Comp, by Christopher Ball .

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