Social Security Disability Overview

From our offices in Monterey, Salinas, Santa Cruz, and Watsonville, California, Rucka, O'Boyle, Lombardo & McKenna represents injured individuals in Social Security Disability Insurance hearings and appeals.  We help claimants throughout each step of the process, from assisting with the initial application to representing you at all subsequent proceedings. 

What is Social Security Disability Insurance (SSDI)?

If a disability has substantially affected your ability to work and has lasted or is expected to last 12 months or prove fatal, you might be eligible for SSDI Benefits.  SSDI benefits are not meant for people with partial or short-term disabilities, and to be eligible, you must have worked long enough and paid Social Security taxes out of your paycheck.  When you come to our office for an initial consultation, we examine your case and determine the extent of your eligibility, including whether members of your family qualify to receive benefits.  The amount of benefits to which you are entitled is typically dependant on your average lifetime earnings.

The Application Process

You can apply for SSDI Benefits as soon as you suffer the disability-causing incident.  In fact, the sooner you apply, the better, as SSDI applications can take several months to process. 

Statistics show that as many as two-thirds of initial applications are denied.  However, when applicants are represented by attorneys, the statistics are much more in their favor.  At Rucka, O'Boyle, Lombardo & McKenna, our experience in drafting SSDI applications, coupled with our in-depth understanding of the applicable regulations, gives us the skills and expertise to help you craft an application that will give you the best possible chance of succeeding. 

The Appeals Process

If the Social Security Administration denies your SSDI application, you still have options.  First, we can file a request for reconsideration, which must be filed within 60 days of your initial claim denial.  Typically, this will be answered within two to three months. 

If the request for reconsideration is unsuccessful, we can request a hearing in front of an administrative law judge.  We will prepare you for testifying, and work with your doctors to obtain information and documentation that will prove your disability.  If the judge denies the appeal, we can take that decision to the appeals council.  A successful appeals council result can lead to another hearing in front of the administrative law judge. 

As a last resort, the appeals council decision can be appealed to a federal district court.  While the court cannot award you benefits or determine if you have a qualifying disability, it can rule that the administrative law judge failed to consider all of the evidence or hear your case properly, and send your case back to the administrative law judge for another hearing. 

Our extensive experience with all aspects of the SSDI application and appeals process ensures that we can provide you the best possible chance of successfully obtaining benefits.  To discuss your potential eligibility and find out how we can assist you, contact Rucka, O'Boyle, Lombardo & McKenna today for a free initial consultation.