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Supporting San Jose Residents Through the Social Security Disability Process

If you can’t work because of a serious illness or injury, you don’t have to face the Social Security system alone. Dr. Bill LaTour, our Social Security Disability Insurance lawyer in San Jose, helps individuals like you apply for benefits, appeal denials, and fight for financial support. Schedule a free consultation to take the first step toward securing your SSDI benefits and protecting your future.

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Your Social Security Disability Benefits Lawyer in San Jose, CA

For many individuals and families in San Jose, the loss of income due to a disability can quickly lead to financial stress and uncertainty. Fortunately, the Social Security Disability Insurance (SSDI) program provides monthly benefits and vital medical coverage to people who can no longer work because of a disabling condition. However, the process of applying for SSDI is often complex and frustrating, and most first-time applications are denied.

At Dr. Bill LaTour’s Disability Advocates of America, our Social Security disability benefits lawyer in San Jose helps clients navigate the Social Security system with confidence. From preparing your initial application to handling medical documentation and representing you through appeals, our team fights for your benefits. Whether you’re just starting the process or have already been denied, we’re ready to stand by your side every step of the way.

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Getting Help Is Easy

Just give us a call or fill out our online form and we will come to you or meet with you over the phone. You don’t even have to leave your house!

You Are Not Alone

The Social Security system can be tough to navigate, but you’re not alone. Our team of disability advocates will fight for the benefits you may qualify for!

Support You Can Afford

There’s no cost to get started with your free case review! We also don’t have any upfront costs, and if we don’t win your case, you won’t owe us a thing.

Table of Contents

Eligibility Criteria for Social Security Disability Benefits

Social Security Disability Insurance is a federal program administered by the Social Security Administration (SSA) that provides financial assistance to people who cannot work due to a disability.

In San Jose and throughout California, the SSA applies strict eligibility criteria when determining who qualifies for SSDI benefits. To qualify for SSDI, you must meet the following conditions:

  1. Have a qualifying disability: You must have a physical or mental condition that is severe enough to prevent you from performing substantial gainful activity. Common qualifying conditions are listed in the SSA’s Blue Book.
  2. Be unable to perform your previous work: The SSA will assess whether your disability prevents you from performing your past job duties or any other work that fits your age, skills, and education.
  3. Have earned sufficient work credits: SSDI is funded through payroll taxes, so you must have worked long enough in jobs covered by Social Security to earn enough work credits, typically 5 of the last 10 years before your disability began.
  4. Meet the duration requirement: Your condition must have lasted or be expected to last at least 12 consecutive months, or be terminal in nature.

While SSDI provides benefits to people who have a documented work history and have paid into the Social Security system through payroll taxes, Supplemental Security Income (SSI) is a need-based program for individuals with disabilities, limited income, and minimal financial resources regardless of work history.

Both programs offer vital support, but they serve different financial and employment situations. If you’re unsure what you may qualify for, an SSDI lawyer in San Jose can review your case and help take the next step toward securing your benefits.

The SSDI Application Process in San Jose

Applying for SSDI benefits can be confusing and time-consuming, especially when you’re already dealing with health challenges. Understanding how the process works can help you avoid delays and strengthen your claim from the very beginning.

Here’s what to expect when applying for SSDI benefits in San Jose:

  1. Initial Application: The process begins when you file your SSDI application with the SSA, either online, over the phone, or at your local San Jose SSA office. You’ll need to provide detailed information about your medical conditions, work history, education, and daily limitations. Supporting evidence, such as doctor’s reports, treatment notes, and test results, plays a crucial role in proving your disability.
  2. Medical Review: Once your application is submitted, it’s sent to the California Disability Determination Services (DDS). This agency evaluates your claim by reviewing your medical records and may contact your doctors or request additional documentation. In some cases, you may be asked to attend a consultative examination (CE) with a physician appointed by the SSA to verify the extent of your limitations.
  3. Decision Phase: After reviewing your medical evidence, work history, and ability to perform substantial gainful activity, the SSA will issue a decision. If approved, benefits generally begin after a 5-month waiting period from the date your disability began. You will then receive monthly payments.

Each claim is unique, and even small errors can result in unnecessary delays or denials. A skilled San Jose SSDI lawyer can help ensure your claim is complete, properly documented, and persuasive from the start.

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What to Do After an SSDI Claim Denial

If your SSDI application has been denied, you’re not alone as a majority of first-time applicants receive a denial. The good news is that many claims are later approved through the appeals process once additional evidence and legal support are provided. Working with a disability attorney in San Jose can guide you through the appeals process and greatly improve your chances of success during appeal.

You must file a Request for Reconsideration within 60 days of receiving your denial notice. During this stage, a new examiner will review your claim, including any new medical evidence or updates about your condition. Adding new treatment records, updated physician statements, or test results can strengthen your claim significantly. Your SSDI lawyer can also help clarify misunderstandings or omissions from your initial application.

If your claim is denied again, you can request a hearing before an Administrative Law Judge. During the hearing, the judge will review your case and may ask you questions about your medical limitations, work history, and daily activities. You may also present witnesses or vocational experts who can explain how your condition impacts your ability to work.

If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The council may decide to review your case, send it back to the ALJ for further consideration, or deny your request. At this stage, our SSDI attorney can handle written legal arguments and procedures on your behalf.

If the Appeals Council also denies your claim, you have the right to file a civil lawsuit in federal court. This step challenges the SSA’s decision based on legal or procedural errors, not new evidence. A lawyer experienced in disability law can prepare and file the necessary documentation to protect your rights in court.

 

If your SSDI claim was denied in San Jose, contact Dr. Bill LaTour’s Disability Advocates of America today for a free consultation. We’ll review your denial notice, identify the strongest grounds for appeal, and help you pursue benefits.

The Benefits of Hiring a San Jose SSDI Attorney

Hiring a Social Security disability lawyer in San Jose can significantly increase your chances of securing benefits. The SSA has strict rules and evidence requirements that can be difficult to navigate alone. An experienced advocate understands how to build a strong claim, meet deadlines, and present your case in the most favorable light.

At Dr. Bill LaTour’s Disability Advocates of America, we’re dedicated to helping individuals throughout California obtain the disability benefits they need. Here’s how we make a difference:

  • Comprehensive Case Preparation: We work closely with you to collect the strongest possible medical and employment evidence to support your claim. Our team helps ensure every form and medical report meets SSA standards to reduce the risk of unnecessary delays or denials.
  • Strategic Communication with the SSA: We handle all correspondence with the SSA on your behalf and make sure your claim receives the careful attention it deserves.
  • Hearing Representation: If your case advances to a disability hearing, we’ll represent you before the ALJ. We prepare you for the questions you may be asked, highlight key medical and vocational evidence, and cross-examine expert witnesses if needed.
  • Knowledge of Federal and State Law: We stay up to date on federal SSA regulations and California-specific procedures. This knowledge allows us to anticipate potential issues and address them proactively, strengthening your overall case.
  • Support at Every Stage: From the initial application to appeals and beyond, we remain by your side. You’ll always know where your claim stands, what documents are needed, and what steps come next. We make the process easier so you can focus on your health and recovery.
  • No Upfront Costs: You don’t pay unless we help you win benefits, meaning there’s no financial risk to you.

Working with a San Jose SSDI lawyer gives you peace of mind knowing your case is in capable hands. Get in touch with a dedicated advocate who knows how to present the facts, navigate complex SSA rules, and fight for a successful outcome.

What Makes Dr. Bill LaTour’s Disability Advocates of America the Right Choice for You?

At Dr. Bill LaTour’s Disability Advocates of America, our mission is to help people with disabilities receive the benefits they may qualify for after years of hard work. Our team is led by Dr. Bill LaTour, a licensed attorney and clinical psychologist with more than 30 years of experience helping disabled individuals navigate the complexities of the Social Security system. His background gives him a rare and powerful advantage: he not only understands the law but also the psychological and medical challenges many clients face.

This dual perspective allows Dr. LaTour and our team to:

  • Present compelling medical and psychological evidence to strengthen your claim.
  • Communicate effectively with doctors, specialists, and SSA representatives.
  • Anticipate potential weaknesses in your case before they become obstacles.
  • Approach every client with empathy, patience, and professionalism.

Our approach is personal and we take the time to understand your unique story and tailor a legal strategy that fits your needs. Here’s what sets us apart:

  • Proven experience handling SSDI and SSI claims at every stage, from initial applications to federal court appeals.
  • In-depth understanding of SSA regulations and California-specific disability evaluation standards.
  • Thousands of successful outcomes for clients who were initially denied benefits.
  • Transparent communication so you always know what’s happening with your claim.
  • Respectful, compassionate service. We listen, we care, and we fight for you.

When you work with us, you’re not just another case number. You’re a person who deserves dignity, understanding, and the financial support you may qualify for.

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San Jose SSDI FAQs

Speak to a lawyer as soon as you start your SSDI application or receive a denial letter. Early help can prevent costly mistakes and speed up approval.

Federal law caps attorney fees at 25% of your back pay or $7,200 (whichever is less). You only pay if your claim is successful.

The amount you can receive in SSDI benefits depends on your past earnings and the amount of Social Security taxes you’ve paid into the system. The SSA calculates your payment based on your average lifetime earnings before you became disabled.

SSDI is based on your work history and the Social Security taxes you’ve paid. SSI is a need-based benefit for people with limited income and resources who haven’t earned enough work credits. Both programs provide essential support to individuals with disabilities but serve different financial situations.

Yes, under trial work period rules, you can attempt to return to work for up to 9 months without losing your benefits.

Initial decisions usually take 3 to 6 months, but appeals can take longer. Having a knowledgeable SSDI lawyer can help minimize delays and strengthen your case.

Find Out How a San Jose Social Security Disability Lawyer Can Help You Today

If you’re unable to work due to a disability, don’t navigate the SSA’s complicated system alone. A dedicated Social Security Disability Insurance lawyer in San Jose can help you pursue benefits. At Dr. Bill LaTour’s Disability Advocates of America, we fight to protect your rights, gather the evidence you need, and represent you through every stage of the process from application to appeal.

Call us today or fill out our online form for a free consultation. Let us review your claim, explain your options, and help you take the next step toward financial relief and peace of mind.

Related Articles & Info

General Information

The Disability Application Process

Eligibility Requirements

Does Your Condition Qualify?

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