Best Social Security & Disability lawyers in San Jose, CA

A Social Security and Disability lawyer specializes in helping individuals navigate the complex process of applying for and securing Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. These lawyers assist clients in filing applications, gathering necessary medical evidence, appealing denied claims, and representing them in hearings before administrative law judges. A lawyer can help maximize the chances of approval by ensuring that the paperwork is accurate, deadlines are met, and legal standards are addressed.

If you are disabled and unable to work, or if your Social Security Disability claim has been denied, a Social Security and Disability lawyer can guide you through the legal process to obtain the benefits you’re entitled to.

You should consider hiring a Social Security and Disability lawyer in the following situations:

• Applying for SSDI or SSI benefits: The application process for disability benefits can be complex, with strict requirements and documentation. A lawyer can assist in completing the application correctly and submitting the required medical evidence to improve your chances of approval.
• Denied disability claim: If your initial claim for SSDI or SSI benefits has been denied, a lawyer can help file an appeal and represent you in hearings. Many claims are denied initially, and having legal representation during the appeal process significantly increases the chances of success.
• Requesting reconsideration: After an initial denial, you have the right to request reconsideration of your claim. A lawyer can help present new medical evidence or correct any errors in your original application.
• Hearing before an administrative law judge (ALJ): If your reconsideration request is denied, you may request a hearing before an ALJ. A lawyer can represent you during the hearing, preparing you to answer questions and presenting a strong case based on your medical and work history.
• Proving medical conditions: If your disability involves complex medical conditions, a lawyer can help gather expert medical testimony or additional evidence to demonstrate that your condition meets the legal criteria for disability.
• Overpayments and cessation of benefits: If the Social Security Administration (SSA) claims you were overpaid or attempts to terminate your benefits, a lawyer can assist in challenging the decision and protect your right to continue receiving benefits.
• SSI for low-income individuals: If you are applying for SSI, which is based on financial need in addition to disability, a lawyer can help ensure that your financial records are correctly submitted to meet SSA’s strict income and asset limits.

Hiring a lawyer early in the process can help you avoid mistakes that could delay or jeopardize your claim.

A Social Security and Disability lawyer provides a range of services to help individuals navigate the application and appeals process for SSDI or SSI benefits. Their responsibilities often include:

• Filing initial applications: A lawyer can help prepare and file your SSDI or SSI application, ensuring that all necessary forms are completed accurately and medical evidence is included.
• Gathering medical evidence: A lawyer works with your doctors and healthcare providers to collect medical records, treatment histories, and expert opinions to support your disability claim.
• Filing appeals: If your initial application is denied, a lawyer can file an appeal and guide you through the reconsideration process, ensuring that any additional documentation or evidence is provided.
• Representing you in hearings: A lawyer will represent you in front of an administrative law judge, helping you prepare for the hearing and arguing your case to demonstrate that your disability prevents you from working.
• Handling deadlines and paperwork: A lawyer will ensure that all deadlines are met, and that any requests for additional information from the SSA are responded to promptly.
• Negotiating settlements (for private disability insurance claims): If your disability benefits claim involves private disability insurance (in addition to or instead of SSDI/SSI), a lawyer can help negotiate a fair settlement with the insurance company.
• Fighting benefit terminations or overpayment claims: If the SSA attempts to terminate your benefits or claims you were overpaid, a lawyer can defend you in administrative proceedings or file for a waiver or reconsideration.

Social Security and Disability lawyers are typically paid on a contingency fee basis, meaning they only get paid if your case is successful, either through the approval of your disability benefits or winning an appeal. Here's how it generally works:

• Contingency fee: The fee is usually 25% of your past-due (backpay) benefits, but no more than $7,200. This fee structure is set by the SSA, and lawyers cannot charge more than this amount for SSDI or SSI cases.
• No cost for future benefits: Lawyers are not entitled to any portion of your future monthly disability benefits. Their fee is strictly limited to a percentage of your backpay.
• Additional costs: In some cases, you may need to pay for additional expenses, such as obtaining medical records or expert witness testimony. These costs are usually minimal, but it’s essential to ask your lawyer about any additional expenses upfront.

It’s essential to confirm fee arrangements with your lawyer during the initial consultation to avoid misunderstandings.

The cost of hiring a Social Security and Disability lawyer is typically structured around the contingency fee system outlined by the SSA. General cost information includes:

• Contingency fee: The lawyer’s fee is capped at 25% of your backpay, with a maximum of $7,200. For example, if you are awarded $10,000 in backpay, the lawyer will receive $2,500 (25%), and you will receive the remaining $7,500.
• No cost for future benefits: Lawyers are not entitled to any portion of your future monthly disability benefits. Their fee is strictly limited to a percentage of your backpay.
• Additional costs: In some cases, you may need to pay for additional expenses, such as obtaining medical records or expert witness testimony. These costs are usually minimal, but it’s essential to ask your lawyer about any additional expenses upfront.

Overall, there is no financial risk in hiring a Social Security and Disability lawyer, as they only get paid if your case is successful.

Before hiring a Social Security and Disability lawyer, it’s important to ask the right questions to ensure they have the experience and expertise to handle your case effectively. Key questions to ask include:

1. What experience do you have with Social Security Disability cases?
   Ensure the lawyer has experience handling SSDI and SSI cases similar to yours, particularly if you have a complex medical condition.
2. How do you charge for your services?
   Confirm that the lawyer charges a contingency fee and that you won’t owe any fees unless your claim is successful. Ask if there are any additional costs for medical records or other expenses.
3. What is the likelihood of success in my case?
   Ask the lawyer for an honest assessment of your case and the potential challenges you may face.
4. How long will the process take?
   Disability claims can take time, especially if you’re appealing a denial. Ask the lawyer how long they expect the process to last and what the typical timeline is for cases like yours.
5. How will you help me prepare for my hearing?
   If your case is going to a hearing before an administrative law judge, ask the lawyer how they will help you prepare for testimony and present your medical evidence effectively.
6. What happens if I’m denied again?
   Ask about the next steps if your reconsideration or appeal is denied, including the possibility of further appeals to federal court.

To ensure you are hiring a reputable Social Security and Disability lawyer, follow these steps to verify their credentials and track record:

• Verify their bar status: Check with your state bar association to confirm that the lawyer is licensed to practice law and has no history of disciplinary actions.
• Look for Social Security experience: Review the lawyer’s website or profile to ensure they specialize in Social Security and Disability law and have successfully handled cases like yours.
• Read client reviews and testimonials: Look for reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients have said about the lawyer’s professionalism and success rate.
• Ask for references: A credible lawyer should be able to provide references from past clients who have worked with them on Social Security Disability matters.
• Check for memberships in relevant organizations: Membership in organizations like the National Organization of Social Security Claimants' Representatives (NOSSCR) can indicate that the lawyer is committed to representing disability claimants.

To get the most out of your first consultation with a Social Security and Disability lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:

• Medical records: Bring copies of your medical records, including doctor’s notes, test results, treatment histories, and any disability-related diagnoses.
• List of medications and treatments: Provide a detailed list of any medications you are taking, treatments you have received, and ongoing medical care related to your disability.
• Denial letters (if applicable): If your disability claim has been denied, bring a copy of the denial letter from the SSA, along with any documentation related to your appeal.
• Work history: Provide information about your previous jobs and work history, including details about how your disability has impacted your ability to work.
• Social Security application (if already filed): If you’ve already submitted an application, bring a copy of the application and any correspondence you’ve had with the SSA.
• List of questions: Prepare a list of questions you have about the legal process, the lawyer’s fees, and what to expect in terms of timelines and outcomes.

By preparing thoroughly for your consultation, you can help the lawyer assess your case more effectively and provide the best possible legal advice tailored to your situation.