Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
MY husband is has been found 27% disabled by a California court. is he entitled to any social security disability payments?
Response: It is not automatic. In order to be eligible for Social Security benefits, he must show that he has worked long enough to earn benefits and that he is unable to work because of his disability and that his disability is expected to last for at least 12 months. Social Security Administration has a very strict definition of disability that is different from a state Court finding him 25% disabled.
His ailment must be on the list of impairments. Click here to see the list:
He (“you”) can apply for benefits online or make appointment to go to your Social Security Administration local office. You are better off doing it online in the privacy of your home--you can take your time in completing the application and the disability report.
The process is a long one and it would require a lot of patience from you:
(1) Your initial application would most likely be denied;
(2) Then, you would be given opportunity to ask for review. New updated disability report should be completed as part of this request for review. You could be turned down by the reviewing officer on your second go at it;
(3) You would be given another opportunity to appeal, this time to the Administrative Law Judge ("ALJ"). This is where most people get approved for benefits. It could take up to a year for your case to be resolved.
You can get an attorney to assist you once you have applied and have been turned down so that the Attorney can handle the requests for appeal for you or you can get an attorney to assist you from the beginning. Attorneys cannot charge up front for helping you apply for disability benefits. Attorneys only get paid if you are approved for benefits and they get paid a percentage of your past due benefits. The fees that the Attorneys can charge are regulated by the Social Security Administration. You can also see if you can get assistance from legal services organizations in your area for free.
Click here to see how attorneys get paid for disability claims:
Click on the links below to find Attorneys that handle disability claims:
Click here to start the application process:
(A) The Steps: