Recent legislation has limited both the duration and amount of workers’ compensation payments. Seriously injured workers need to seek benefits outside of the workers’ compensation system to supplement lost income. This includes applying for Social Security Disability benefits.
If you have been off work due to a disability, work related or not, for six months or more you are eligible to apply for Social Security Disability. You can apply for Social Security Disability even if you are currently receiving Workers’ Compensation or State Disability benefits.
You do not necessarily need legal counsel to initially apply for Social Security Disability. Your local Social Security Disability office can supply you with the initial application.
Unfortunately, most applications for Social Security Disability are initially denied. If your claim is denied you should seek legal representation. The appeals process can be quite complicated. The majority of denied claims require a trial before an Administrative Law Judge. Evidence of your disability within the meaning of Social Security regulations must be presented. Witnesses and cross-examination of Social Security’s experts are frequently required. There is a lot of money at stake with a Social Security claim. You would be wise to obtain experienced legal counsel.
The attorneys at Elder and Berg have decades of experience with Social Security Disability cases. We have handled thousands of claims at Social Security hearings throughout Northern California. We offer free consultations and representation is always on a contingent fee basis, with no “up front” retainer required.