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Best Disability Benefits Attorneys in San Jose

If you're applying for disability benefits, or have been denied disability benefits and need to file an appeal, it can be tough to know where to turn. So we’ve done the research for you. The below lawyers represent the best Disability Benefits attorneys in San Jose. Maximize your compensation by letting these experts fight for you! You can get started today by requesting a Free Consultation with any of the law firms and lawyers listed below.

10 Lawyers and Law Firms
View Law Offices of Andrew B. Shin Reviews, Ratings and Testimonials

Law Offices of Andrew B. Shin Profile & Reviews

Disability Benefits Law Firm in San Jose, California
540 Bird Ave., San Jose, CA 95125
Exceptional 4.2

41 clients reviews

Read Reviews
View Kafka Joseph Reviews, Ratings and Testimonials

Kafka Joseph Profile & Reviews

Disability Benefits Law Firm in San Jose, California
1541 The Alameda, San Jose, CA 95126
Exceptional 4.2

10 clients reviews

Read Reviews

Frequently Asked Questions About Disability Benefits

What are disability benefits?

Disability benefits are a type of insurance that the Social Security Administration provides to people who are unable to work due to a medical condition. This can be either SSDI (Social Security Disability Insurance) for people who have worked and paid into the system, or SSI (Supplemental Security Income) for low-income individuals who haven't earned enough work credits for SSDI.

How do I qualify for SSDI disability benefits?

To qualify for SSDI disability benefits, you must have a medical condition that significantly limits your ability to work and is expected to last at least one year or result in death. Additionally, you must have earned a certain number of work credits, which are based on your income and age.

How much money can I receive from disability benefits?

The amount of money you can receive from disability benefits depends on various factors. For SSDI, it's based on your average lifetime earnings before your disability began. As of 2021, the average SSDI benefit was about $1,277 per month, but the exact amount can vary. For SSI, the maximum federal benefit rate in 2021 was $794 per month for an individual, although this may be supplemented by state benefits.

How long will my disability benefits last?

Your disability benefits will last as long as you continue to have a medical condition that prevents you from working. The Social Security Administration will periodically review your case to determine whether your health has improved enough for you to return to work.

How can a disability benefits attorney help me?

A disability benefits attorney can help you navigate the complex process of applying for disability benefits. They can help you gather medical evidence, handle the paperwork, and represent you in hearings if necessary. An attorney can also help you appeal if your initial application is denied.

What are the steps involved in applying for disability benefits?

Applying for disability benefits involves several steps, starting with determining your eligibility. You'll need to gather medical and financial records, complete the application, and possibly attend a disability hearing. The process can take several months to over a year, depending on various factors.

What if my application for disability benefits is denied?

If your application for disability benefits is denied, you have the right to appeal the decision. This involves a four-level process: reconsideration, hearing by an administrative law judge, review by the Appeals Council, and a federal court review. An attorney can guide you through this process.

Can I work while receiving disability benefits?

In some cases, you may be able to work while receiving disability benefits, but there are strict rules and limitations. The Social Security Administration offers programs like the Ticket to Work program that can help you transition back into the workforce while protecting your benefits.

Can I receive disability benefits if my disability is mental or psychological?

Yes, you can receive disability benefits for mental or psychological conditions if they are severe enough to prevent you from working. The Social Security Administration recognizes a wide range of mental disorders, including depression, anxiety, schizophrenia, autism, and others.

What is the difference between SSDI and SSI?

SSDI (Social Security Disability Insurance) is for people who have worked and paid into Social Security, while SSI (Supplemental Security Income) is for low-income individuals who have not earned enough work credits or have never been able to work. The medical criteria to qualify for disability are the same for both programs.
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