Social Security Disability Benefits in California
Protecting Injured Workers When the System Lets Them Down
A workplace injury that prevents you from returning to any substantial work may entitle you to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) in addition to, or even instead of, workers’ compensation. At The Law Offices of Zachary M. Kweller, APC, we help injured workers understand all of their available benefits and pursue every available avenue of recovery.
Call Us for a FREE Consultation — No Fees Until You Win
(925) 663-8364
Available in English and Spanish | Concord, CA 94520
SSDI vs. SSI: What Is the Difference?
There are two primary disability programs administered by the Social Security Administration:
Social Security Disability Insurance (SSDI):
- Based on your work history and payroll tax contributions
- No income or asset limit to apply
- Benefit amount tied to your lifetime earnings
- Medicare eligibility after 24 months of benefits
Supplemental Security Income (SSI):
- Need-based — income and asset limits apply
- Available even with limited work history
- Fixed federal benefit rate (plus California supplement)
- Immediate Medi-Cal eligibility
The Social Security Disability Standard
To qualify for SSDI or SSI, the Social Security Administration (SSA) requires that you have a medically determinable physical or mental impairment that:
- Has lasted, or is expected to last, at least 12 months — or result in death
- Prevents you from performing any substantial gainful activity (SGA)
The SSA evaluates your ability to do your past work and, if you cannot, whether you can adjust to other work that exists in significant numbers in the national economy. Age, education, and work experience all affect this analysis.
How Workers’ Comp and SSDI Interact
You can receive both workers’ compensation and SSDI benefits simultaneously — but there is an important offset rule. If your combined workers’ comp and SSDI benefits exceed 80% of your average current earnings, the SSA will reduce your SSDI benefit. Proper legal planning can help you structure your workers’ compensation settlement to minimize this offset and maximize your total recovery.
This is a critical reason to have an attorney who understands both workers’ compensation and disability benefits. A poorly structured workers’ comp settlement can significantly reduce your SSDI benefits for years.
The SSDI Application and Appeal Process
Most initial SSDI applications are denied. The process typically involves:
- Initial Application — filed online, by phone, or in person at a Social Security office.
- Reconsideration — a second review of your claim by a different SSA examiner.
- Administrative Law Judge (ALJ) Hearing — your best opportunity for approval; legal representation is critical at this stage.
- Appeals Council Review — further review if the ALJ denies your claim.
- Federal Court — final option if all administrative remedies are exhausted.
What Medical Evidence Do You Need?
Strong medical documentation is the foundation of any successful disability claim. This includes:
- Detailed treatment records from all treating physicians
- Functional capacity evaluations and work restriction documentation
- Psychiatric or psychological evaluations for mental health impairments
- Medical source statements from your treating doctors
- Consistent documentation showing your symptoms over time
Why the Right Attorney Makes a Difference
SSDI approval rates are significantly higher for applicants represented by an attorney at the ALJ hearing stage. Attorney Kweller’s background in workers’ compensation gives him a deep understanding of how to document and present disabling conditions, and how to present your case in the most compelling way to a disability judge.
Start Your Free Consultation Today
If a work injury has left you unable to return to work for a year or more, you may qualify for Social Security Disability benefits. Contact The Law Offices of Zachary M. Kweller, APC to discuss your options. We help injured workers maximize their total recovery from every available source.
Call Us for a FREE Consultation — No Fees Until You Win
Available in English and Spanish | Concord, CA 94520
The Law Offices of Zachary M. Kweller, APC | 1170 Burnett Ave. Suite J, Concord CA 94520