Law Offices of Kelly, Duarte, Urstoeger & Ruble

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209-225-9463

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Law Offices of Kelly, Duarte, Urstoeger & Ruble

Free consultations: 209-225-9463

Law Offices of Kelly, Duarte, Urstoeger & Ruble, LLP
209-225-9463

Injured Workers Should Not Stand Alone

Modesto Social Security Disability Attorney Serving California’s Central Valley

Social Security Disability is a federal program designed to provide financial assistance to people with disabilities who are unable to work. Your disability does not need to result from a workplace injury in order to qualify for benefits. At the Law Offices of Duarte, Urstoeger & Ruble, LLP, our Modesto Social Security Disability lawyers are ready to assist you with the application and appeals process to secure your benefits.

What Is A Disability?

To qualify for Social Security Disability benefits, you must prove that you have a permanent disability – either physical or mental – that prevents you from working. The disability must also either:

  • Last for at least one year
  • Be expected to be terminal

While each claim is handled on a case-by-case basis, some conditions may qualify you for Social Security. Some of these include:

  • Immune disorders
  • Heart failure
  • Coronary artery disease
  • Depression
  • Anxiety
  • Schizophrenia
  • Autism
  • Blood disorders
  • Respiratory illness
  • Neurological disorders
  • Vision loss
  • Hearing loss

This list is not exhaustive, but it provides examples of common conditions that may be considered for Social Security Disability.

Social Security Disability Types

The Social Security system offers two main types of disability benefits to provide financial support for those who are unable to work due to their disabilities. At the Law Offices of Duarte, Urstoeger & Ruble, LLP, our Modesto Social Security Disability attorneys assist clients with claims for both.

Social Security Disability Insurance (SSDI)

This insurance is for those who have worked and paid Social Security taxes, accumulating sufficient “work credits.” It provides benefits for individuals no longer able to work due to a physical or mental disability. After the date you are found to be disabled, there’s typically a five-month waiting period before benefits are due.

Supplemental Security Income (SSI)

This program assists disabled individuals with limited work history or low income and assets. Eligibility for SSI is based on strict financial guidelines, and the benefits amount is a set federal maximum, potentially reduced by other countable income.

What Is The Five-Year Rule For Social Security Disability?

When applying for SSDI, the Social Security Administration (SSA) primarily assesses your work history to ensure you have contributed enough to the system. The “Five-Year Rule” or “Recent Work Test” refers to a requirement that most applicants for SSDI must have worked and paid Social Security taxes for a certain period recently.

Specifically, for individuals aged 31 or older, you must have worked at least five of the last 10 years (or 20 quarters of coverage out of the last 40 quarters) immediately preceding the date your disability began. Younger workers have different, less stringent requirements based on their age. This rule is designed to ensure that benefits go to those who have recently been part of the workforce and have paid into the Social Security system. It’s crucial to meet this requirement, along with having enough total work credits over your lifetime, to be eligible for SSDI benefits.

Why Hire A Modesto Social Security Disability Lawyer From Law Offices of Duarte, Urstoeger & Ruble, LLP?

Navigating the complex Social Security Disability system can be overwhelming, especially when you are already coping with a debilitating health condition. While you are not required to have an attorney, partnering with the right legal team can significantly improve your chances of success.

At the Law Offices of Duarte, Urstoeger & Ruble, LLP, we believe injured workers should not stand alone. We are dedicated to leveling the playing field and ensuring our clients receive the benefits they are entitled to. We offer free consultations and provide distinct advantages for clients seeking Social Security Disability benefits in Modesto and the broader Central Valley:

  • Dedicated advocacy: Our experienced attorneys offer compassionate, client-centered representation, treating you as a person and not a number. We act as your tireless advocate, fully understanding your needs and handling your case with the same care as if it were our own.
  • Strategic case building: With our firm’s extensive experience and reputation, we meticulously prepare your initial application and gather vital medical evidence. We leverage our deep understanding of the SSA process to maximize your chances of approval and avoid common pitfalls leading to denials of disability claims.
  • Accessible legal help (no upfront fees): We firmly believe that everyone deserves access to quality legal help, regardless of their financial situation. That’s why our attorneys work on a contingency fee basis – you pay nothing upfront, and we only collect a fee if we successfully win your case.

These are just a few ways Law Offices of Duarte, Urstoeger & Ruble, LLP can make a difference in your disability claim, allowing you to focus on your health and well-being.

If you or a loved one has a disability and wants to file for Social Security benefits, our California firm can help make sure you hit the deadlines and provide the crucial supporting evidence that can get your case approved.

Frequently Asked Questions About Social Security Disability

Here are some of the questions we often receive from our clients. If you have more specific questions, we recommend reaching out to us for personalized guidance.

Can I receive Social Security Disability benefits?

Yes, if you have a medical condition that prevents you from working and meets the Social Security Administration’s definition of disability, you may be eligible for financial assistance. The Social Security system offers two primary types of disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), designed to support individuals unable to work due to their condition.

Can I receive Social Security Disability and VA disability benefits?

Yes. Social Security Disability benefits (SSDI/SSI) and Veterans Affairs (VA) disability benefits are separate programs with different eligibility requirements. Receiving one does not prevent you from receiving the other.

Can I receive SSI and SSDI?

Yes, in some cases. This is known as receiving “concurrent benefits.” If your SSDI benefit amount is very low, and you also meet the strict financial need requirements for SSI, you may be able to receive both types of benefits.

How much is SSI in California?

The SSI benefit amount is made up of a federal basic rate and, in California, an additional State Supplementary Payment (SSP). The federal benefit rate (FBR) changes annually. California’s SSP also varies and can depend on living arrangements. The current SSI benefit amounts in California are $967 monthly for an individual and $1,450 monthly for a couple.

How do I file a disability claim in California?

You can apply for Social Security Disability benefits online through the SSA’s website, by calling the SSA directly or by visiting a local SSA office. The application process requires detailed information about your medical conditions, work history and daily activities. Gathering comprehensive medical records and other supporting evidence is crucial for a successful claim. It is essential that you file your claim properly, and our attorneys at the Law Offices of Duarte, Urstoeger & Ruble, LLP, can help you do that.

What are the qualifications for Social Security Disability?

To qualify for Social Security Disability benefits, you must meet strict criteria. The primary requirement is a severe physical or mental medical condition that prevents you from performing “substantial gainful activity” (work) and is expected to last at least 12 months or result in death. For SSDI, you also need to have a sufficient work history with Social Security tax contributions. For SSI, there are specific income and asset limits you must meet to qualify based on financial need.

If I am injured at work, what benefits are available to me?

If you miss work due to your injury, you are entitled to receive Temporary Total Disability, paid at two-thirds of your average weekly wage. If you have a permanent condition that affects you due to the work injury, you may be entitled to permanent disability benefits. If you can’t return to the work you were doing at the time of the injury, you may be entitled to a voucher for retraining. Most importantly, you are entitled to medical treatment to cure or relieve your injury.

Let Our Attorneys Guide You

Consult with one of our experienced attorneys serving the Stockton and Modesto area to see if you qualify to collect Social Security Disability payments. Call us at 209-225-9463 or email us to learn your rights.