Presumptive Disability Lawyers in San Diego Helping Clients in Need Recover the SSDD Benefits They Deserve
If you suffer from a debilitating injury or disease, or if you have certain disabling mental health conditions, or if you have simply reached an age where you are no longer able to work, then you may potentially qualify to receive benefits from the government. These benefits can go a long way towards helping you maintain a certain quality of life while you are unable to work. However, the process for applying for those benefits from the Social Security Administration (SSA) is notoriously long and slow. And, oftentimes, initial disability claims are denied, forcing people to go through the long and complicated appeals process with the help of a disability attorney in California.
Thankfully, the SSA recognizes that this process can be unfairly long and that some people with disabilities need assistance now, not later. To address this, the SSA created the presumptive disability program, which can provide temporary benefits to those with qualifying medical conditions that there is a reasonable legal presumption will qualify to recover benefits.
However, like all matters of applying and appealing the right to receive government benefits, the process is not a simple one. Presumptive disability benefits are only provided during the first six months of the application process and are only available through the Supplemental Security Income (SSI) program and not the Social Security Disability Insurance (SSDI) program.
To ensure that you are eligible for presumptive benefits, and for help in the application and potential appeals process, it is highly recommended that you hire an attorney experienced in the practice areas relating to disability law.
At Roeschke Law, LLC, our attorneys and associates have years of experience providing legal service to clients attempting to receive benefits and compensation from government agencies like the SSA. If you have disabilities that make it difficult if not impossible for you to continue doing your work and receiving wages, please contact our law firm. In your initial consultation with our attorneys, we will examine the medical evidence supporting your disability claim and help you determine the most suitable route for you to take in pursuit of financial support and benefits.
What Medical Conditions May Qualify for Presumptive Disability in California?
In order to qualify for presumptive disability, the medical evidence that you provide must prove to the SSA that you are indeed very likely disabled even without a need for further review. But the process is what it is, so that review must take place on its own time anyway. In the meantime, however, if you qualify for presumptive disability, then you may be able to receive benefits for the first six months of the application process.
Qualifying conditions for presumptive disability may include:
- AIDS or HIV infection that is symptomatic.
- Amputation of two limbs (arms or legs) or amputation of one leg at the hip.
- Amyotrophic Lateral Sclerosis, aka ALS, aka Lou Gehrig’s disease.
- Cerebral palsy.
- Confinement to a bed for an extended or indefinite period of time.
- Down syndrome.
- Kidney disease which requires chronic dialysis.
- Life expectancy of less than six months left to live, caused by terminal injury, illness, or disease.
- Low birth weight for babies.
- Muscular atrophy and muscular dystrophy.
- Neurological disorders that result in the individual being unable to care for themselves.
- Requiring use of a wheelchair, crutches, walker, or other similar device to treat a long-term physical condition.
- Spinal cord injuries which result in the necessary use of a walker or other similar tool.
- Stroke which results in difficulty walking or using hands.
- Total blindness.
- Total deafness.
When applying for benefits from the SSA, it may be worth your time to also apply for presumptive disability, especially if you are in need of financial assistance now and cannot possibly wait any longer. For help in this process, please contact our California law firm to speak with an attorney.
How Do Veterans Qualify for VA Disability Claims?
Veterans of the United States armed forces may qualify for benefits and compensation from the Department of Veterans Affairs (VA) if they have suffered a service-connected disability. Any military service veteran who is not able to obtain substantial gainful employment as a result of their service-connected disability should be considered qualified for receiving benefits from the VA. How much they will receive from the VA depends on the types of disabilities they have suffered during their military service.
The VA uses a calculator to determine the benefits to reward to veterans for their individual unemployability suffered as a result of their service-connected disabilities. It is possible to receive VA Total Disability if either a single medical condition qualifies for 100% coverage or if numerous service-connected disabilities added together equal the 100%.
Physical and mental health conditions which the VA can provide disability compensation for include:
- Agent Orange disabilities including diabetes, hypertension, and prostate cancer.
- Alcohol and drug abuse.
- Amputations and loss of use of limbs.
- Chronic fatigue syndrome.
- Disfigurement from scars and burns.
- Gunshot wounds.
- Medical malpractice.
- Mental health issues including depression, anxiety, bipolar, psychosis, and a post-traumatic stress disorder.
- Partial and total blindness.
- Partial and total deafness.
- Physical injuries to arms, legs, neck, back, hips, feet, and knees.
- Radiation poisoning.
To qualify for compensation and benefits from the VA, veterans must provide medical evidence that proves that a physical or mental disability suffered from a service-connected disability makes obtaining individual unemployability exceedingly difficult. It is possible, even if the veterans provide all necessary evidence, that the VA may still initially decline the disability claim. For this reason, veterans are advised to hire a lawyer experienced with the VA disability process.
What Are California’s Presumptive Industrial Injuries?
Typically, an employee must show evidence that the injury they suffered was work-related in order to receive full compensation. In California, when a particular employment-related injury is covered by legal presumption law, the legal burden falls on the employer to prove that the injuries were not work-related. To put simply, depending on the employee’s line of work, their injuries and disabilities are presumed to be common risks of the job and will be covered as such.
Certain port employees, highway maintenance and patrol employees, firefighters, peace officers, police officers may have jobs which favor them for the legal presumption in disability and compensation disputes.
California also has certain benefit eligibility for those who have become infected by the COVID-19 virus. To learn more, contact our firm.
What Legal Presumption is Afforded to Those in Law Enforcement and Community Service Who Suffer Disabling Injuries and Illnesses on the Job?
In California, many law enforcement officers and firefighters are entitled to receive up to a year’s full salary for any injury that renders them disabled and unfit to perform their duties. If still disabled after that period, the officer or firefighter may be qualified to receive further benefits from workers’ compensation.
California’s peace officers and firefighters are afforded the legal presumption for their service-related disabilities.
Disabilities covered may include:
- Back injuries.
- Heart issues.
Schedule a Consultation with Our Law Firm to Speak with a Presumptive Disability Benefits Lawyer in San Diego
The process for applying for disability from either the SSA or the VA can sometimes feel never-ending before you receive a decision on benefits. For those with qualifying disabilities, you may be eligible to receive presumptive benefits while your application is pending.
Both the application and any potential appeals process is complex, and every claimant would benefit from hiring an experienced attorney to represent their case. At Roeschke Law, LLC, our attorneys have extensive experience helping clients through all levels of the process for applying for benefits.
To schedule a consultation with our California legal team, please call: (310) 906-2556.