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Best Social Security Disability Attorneys in San Jose

If you've been injured, it can be tough to know where to turn. So we’ve done the research for you! The below lawyers represent the best Social Security Disability 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.

4 Lawyers and Law Firms
View Law Office of Jon Marlowe Reviews, Ratings and Testimonials

Law Office of Jon Marlowe Profile & Reviews

Social Security Disability Law Firm in San Jose, California
111 N Market St #300, San Jose, CA 95113
Exceptional 5

43 clients reviews

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View Law Offices of Nooshin Dalili Reviews, Ratings and Testimonials

Law Offices of Nooshin Dalili Profile & Reviews

Social Security Disability Law Firm in San Jose, California
1004 Willow St, San Jose, CA 95125
Exceptional 4.8

18 clients reviews

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View Mayen & Herrera Reviews, Ratings and Testimonials

Mayen & Herrera Profile & Reviews

Social Security Disability Law Firm in San Jose, California
300 S 1st St #319, San Jose, CA 95113
Exceptional 4.6

15 clients reviews

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View Kafka Joseph Reviews, Ratings and Testimonials

Kafka Joseph Profile & Reviews

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

10 clients reviews

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Frequently Asked Questions About Social Security Disability

What criteria does the Social Security Administration use to determine disability?

The Social Security Administration uses a five-step process to determine if you are disabled. This includes determining if you're working, the severity of your condition, if your condition is found in the list of disabling conditions, your ability to perform your past work, and your ability to do any other type of work.

How can a lawyer help with my Social Security Disability claim?

A lawyer can help you understand the process, gather necessary medical evidence, prepare your testimony for your hearing, and argue your case in front of the administrative law judge. They can also assist with appeals if your claim is denied.

What is the difference between SSDI and SSI?

SSDI (Social Security Disability Insurance) is based on your prior work history and the taxes you've paid into the system. SSI (Supplemental Security Income) is a needs-based program for low-income individuals who haven't paid enough into the system to qualify for SSDI.

Can I work while receiving Social Security Disability benefits?

Yes, but there are limits to how much you can earn. The Social Security Administration offers work incentives that allow you to keep your benefits while testing your ability to work.

Can I receive Social Security Disability benefits if I have never worked?

If you haven't worked or haven't earned enough work credits to qualify for SSDI, you might still be eligible for SSI if you have a disability and meet the financial requirements.

What happens to my Social Security Disability benefits when I reach retirement age?

When you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same.

What medical conditions qualify for Social Security Disability benefits?

There are many medical conditions that may qualify for benefits, including mental disorders, cardiovascular conditions, musculoskeletal problems, immune system disorders, and others. The Social Security Administration maintains a listing of impairments known as the "Blue Book" where you can see if your condition is listed.

What do I do if my Social Security Disability claim is denied?

If your claim is denied, don't lose hope. Many claims are denied initially but are later approved during the appeals process. It's important to appeal within 60 days of receiving your denial notice.

How long does it take to get Social Security Disability benefits?

The process can take anywhere from a few months to a few years, depending on various factors including the nature of your disability, how quickly the Social Security Administration receives medical evidence, the need for a hearing, and any necessary review of the application for quality purposes.

Does Social Security Disability pay for medical expenses?

Social Security Disability does not directly pay for medical expenses. However, after receiving disability benefits for two years, you will be eligible for Medicare, which can help cover future medical costs.

How much money can I receive from SSDI benefits?

The amount of money you can receive from SSDI benefits depends on your average lifetime earnings before your disability began. It's not based on the severity of your disability or your current income. In 2023, the average SSDI benefit amount is around $1,277 per month, but it could be more or less depending on your specific situation.

What can I do if my application for Social Security Disability benefits is denied?

If your application for Social Security Disability benefits is denied, you have the right to appeal the decision. You generally have 60 days after you receive the decision to request an appeal. The appeal process can include reconsideration, a hearing by an administrative law judge, a review by the Appeals Council, and a Federal Court review.

How do I know if I'm eligible for Social Security Disability benefits?

Eligibility for Social Security Disability benefits is based on a number of factors, including your work history, your medical condition, and how your condition affects your ability to work. Generally, to be eligible, you must have a medical condition that has lasted or is expected to last at least one year or result in death, and you must be unable to perform any substantial gainful activity.

What happens if I am no longer disabled and can return to work?

If your health improves to the point where you can return to work, the Social Security Administration offers work incentives to help make the transition easier. These incentives can allow you to continue receiving benefits and access to healthcare while you test your ability to work. If you start working and earning above a certain amount, your benefits will eventually stop.

I think I'm disabled and unable to work. What should I do?

If you think you're disabled and unable to work, the first step is to consult with a doctor and get a professional medical evaluation. If your doctor agrees that you're unable to work due to your medical condition, you can then apply for Social Security Disability benefits. It's important to start this process as soon as possible, as it can take a long time to be approved for benefits. Consulting with a disability lawyer can also be beneficial, as they can guide you through the process and ensure you have the best chance of getting approved.
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