Quick answer: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) pay monthly benefits to people who cannot work for at least 12 months because of a medical condition. Most first applications are denied, and you have 60 days to appeal each denial. Our Ontario office helps Inland Empire residents apply, appeal and prepare for hearings.
Applying for Social Security Disability is a paperwork-heavy process that rewards precision. The Social Security Administration (SSA) decides claims on medical records, work history and the way your limitations are described on its forms. A claim that is filed with gaps in the record is far more likely to be denied, and every denial adds months to the wait.
SSDI and SSI: The Two Programs
Social Security Disability Insurance (SSDI)
SSDI is for workers who have paid into Social Security long enough to earn the required work credits. The monthly amount depends on your earnings record, and benefits generally begin after a five-month waiting period. After 24 months of SSDI entitlement, you become eligible for Medicare.
Supplemental Security Income (SSI)
SSI is a needs-based program for adults and children with limited income and resources. It does not require work credits. In California, SSI recipients generally qualify for Medi-Cal.
How Social Security Decides Disability
SSA uses a five-step evaluation: whether you are working above the substantial gainful activity limit, whether your condition is severe, whether it meets or equals a listed impairment, whether you can do your past work, and whether you can do any other work given your age, education and limitations. For workers over 50 with physically demanding work histories, which is common in the Inland Empire, the age rules at the last step often decide the case.
The Appeals Process
- Reconsideration: request within 60 days of the initial denial.
- Hearing before an Administrative Law Judge: request within 60 days of the reconsideration denial. Inland Empire hearings are generally handled by SSA’s hearing office in San Bernardino.
- Appeals Council: review of the judge’s decision.
- Federal court: a civil action in U.S. District Court.
The hearing is usually the best chance to win. It is the first time you can explain your limitations to a decision-maker in person, and the medical evidence and vocational testimony presented there carry significant weight. See appealing a denied disability claim.
Workers’ Comp and SSDI Together
If a work injury keeps you from working, you may qualify for both workers’ compensation and SSDI. Social Security may reduce SSDI so that combined benefits do not exceed 80% of your prior average earnings, and the wording of a workers’ comp settlement can affect that offset. We handle both claims, which lets us coordinate them. See injured or disabled.
Attorney Fees for Social Security Claims
Social Security representatives are paid only if you win. Fees are limited by federal law, approved by SSA, and taken from past-due benefits, not from your ongoing monthly payments.
Our Ontario Office
3401 N. Centre Lake Dr., Ste. 580, Ontario, CA 91761. Telephone 909-460-6900, Monday through Friday, 8:30 a.m. to 5:00 p.m. Visit our Ontario office page or our Social Security Disability overview.
Talk to a Certified Specialist at No Cost
Dennis A. Dascanio is certified by the State Bar of California Board of Legal Specialization as a specialist in workers’ compensation law and has represented injured workers since 1987. Consultations are free, and attorney fees are approved by the judge and paid only from benefits recovered. Call the office nearest you: Santa Ana 714-550-7002, Ontario 909-460-6900, or San Diego 619-338-8399. Se habla español.
This page provides general information, not legal advice for your situation. Every claim depends on its own facts.