San Jose Social Security Disability Lawyers
If you are struggling with a disability that prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.
At Scher, Bassett & Hames, our San Jose disability attorneys have been advocating for injured and disabled individuals for nearly 50 years. We understand how complex and frustrating the Social Security system can be.
Whether you are filing a claim for the first time or appealing a denial, we can help you secure the benefits you deserve.
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Why Choose Scher, Bassett & Hames for Your SSD Claim?
Many applicants struggle to get approved for Social Security Disability benefits because the application process is highly detailed and complex. Having a knowledgeable San Jose SSD lawyer can make all the difference.
Here’s why we are the top choice for disability representation in San Jose, Cupertino, Santa Clara, and Silicon Valley:
We’ve been serving the Bay Area since 1965.
We’ve helped countless clients secure SSDI and SSI benefits.
We handle initial claims, reconsiderations, hearings, and appeals.
No Upfront Fees
You pay nothing unless we win your case.
We are familiar with San Jose Social Security offices, administrative judges, and hearing offices.
If your SSI or SSDI claim has been denied, we can help you file an appeal quickly and efficiently.
Understanding Social Security Disability Benefits
The Social Security Administration (SSA) provides two types of disability benefits:
Designed for individuals who have contributed to the Social Security system through payroll taxes and are now unable to work due to a medical condition.
Designed to assist disabled individuals with limited income and resources, regardless of their work history.
If you cannot work due to a disability, our San Jose SSDI and SSI lawyers will help you determine your eligibility, prepare a strong application, and maximize your chances of approval.
The Importance of SSDI Legal Representation
Having a skilled San Jose SSD lawyer greatly improves your chances of winning your claim or appeal. The SSA requires strong medical evidence, work history records, and legal arguments to prove eligibility. We know how judges evaluate claims, and we use our experience to build the strongest possible case for you.
Common Reasons for SSDI and SSI Denials
More than 60% of initial SSDI applications are denied in California. Common reasons for denials include:
- Lack of sufficient medical evidence
- Earning above SSA’s Substantial Gainful Activity (SGA) limit
- Failure to follow prescribed treatment
- Insufficient work credits for SSDI
- Missed deadlines or incomplete applications
Get the Disability Benefits You Deserve
If you are unable to work due to a disability, you deserve financial support. Let our San Jose SSDI and SSI attorneys help you secure the benefits you have earned.
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What Are the Differences Between SSDI vs. SSI?
Grasping the distinctions between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is essential when seeking benefits. SSDI is designed for individuals who have a sufficient work history and have paid into the Social Security system, while SSI provides benefits for low-income individuals who may not have worked enough to qualify for SSDI. Below is a breakdown of the key differences between these two programs:
| Feature | SSDI | SSI |
|---|---|---|
| Work History Required? | Yes | No |
| Income Limits? | No | Yes |
| Medical Requirements? | Yes | Yes |
| Payment Amount | Based on work history | Fixed by federal rate |
Have You Been Denied SSDI or SSI Benefits?
Don’t give up. If your disability benefits were denied, you have 60 days to appeal. Our San Jose Social Security attorneys can help you through the four levels of the appeals process:
We submit a revised claim with additional evidence.
If denied again, we present your case before a judge.
If necessary, we take your appeal further.
If all else fails, we can file a lawsuit on your behalf.
Contact Us
Contact Our San Jose Social Security Disability Lawyers Today
Call Scher, Bassett & Hames today at (408) 739-5300 or fill out our online form to schedule a FREE consultation. There are no upfront costs, and we only get paid if you win your case.
Schedule Your
Free Consultation
Provide the information below or call us at:
FAQs About San Jose Disability Laws
What conditions qualify as a disability for SSDI and SSI?
A qualifying disability under SSDI and SSI must prevent you from working for at least 12 months or be expected to result in death. The Social Security Administration considers conditions like severe physical injuries, chronic illnesses, and mental health disorders.
How long does it take to get approved for Social Security Disability benefits?
The average wait time for an initial decision is between 3-5 months. If your claim is denied and you file an appeal, it can take 12-24 months to receive a final decision, depending on hearing backlogs.
What should I do if my Social Security Disability claim is denied?
If your SSDI or SSI claim is denied, you must file an appeal within 60 days. The first step is requesting reconsideration. If that fails, you may need a hearing before an administrative law judge. Hiring an experienced disability attorney in San Jose can significantly improve your chances of success.
Can I work while receiving SSDI or SSI benefits?
Yes, but your earnings must remain below the Social Security Administration’s Substantial Gainful Activity (SGA) limit, which is $1,470 per month in 2024. Earning above this threshold may affect your eligibility.
How much does it cost to hire a Social Security Disability lawyer?
Scher, Bassett & Hames works on a contingency fee basis, meaning you only pay if we win your case. Our fee is a percentage of the backpay you are awarded from the SSA.