Call us now ! Send us an email http://maps.google.com/maps?q=330 N FULTON ST Fresno United States

Back to Top

Social Security Disability Insurance Benefits (SSDIB)

Social Security Disability Insurance Benefits (SSDIB)

SOCIAL SECURITY DISABILITY ATTORNEY

SSD Benefits Attorneys
Social Security Disability Insurance (SSDI) benefits are designed to help people who are unable to work or support themselves due to a disability. The Social Security Administration (SSA) runs this benefit program, which is distinct from Supplemental Security Income (SSI). In order to be entitled to SSD benefits, a person has to have worked a sufficient number of years and paid sufficient Social Security taxes.
At Milam Law, our attorneys provide assistance to those who are disabled and need assistance applying for SSD benefits. We also represent individuals throughout California's Central Valley who need to appeal denied SSD claims. SSD and SSI benefits are all that we do as a firm.
Information on this website is provided as a service of Milam Law. Contact us regarding Social Security Disability claims and denials.
Social Security Disability Lawyers
The more you have worked, earned and paid into the system, the more compensation you will be eligible to receive if you are disabled. There must be a total of 10 years of work except for younger individuals. You also have to be disabled within five years of the date you stopped working in most cases. These calculations can be very complex and often need thorough attorney review.
Additionally, SSD recipients receive Medicare coverage but must wait up to 24 months after they become disabled before those benefits actually start. There are many other details of SSD benefits that you should know if you are trying to apply for these benefits. Talking with an experienced attorney is in your best interests.
Contact Our California Firm for More Information
At Milam Law, we have offices located in Fresno, Sacramento, Roseville, Grass Valley, and Modesto. We offer Spanish, Lao, Cambodian and Hmong translation and interpretation services for the convenience of our clients. Contact us for a free initial consultation by email or by calling us toll free at 877-592-1475.

SUPPLEMENTAL SECURITY INCOME LAWYERS

SSI Benefits Lawyers
Supplemental Security Income (SSI) is a disability need-based program that is intended to help those who would not otherwise qualify for SSDI or whose SSDI payments would be very low. In general, people who have not earned enough work credits, those who have never worked, those who became disabled before they could work and children with disabilities can all obtain SSI benefits.
This eligibility is only possible if their assets and income do not exceed certain minimal limits.
Milam Law offers experienced legal help for SSI claims across California's Central Valley. This is all that we do. Since founding our practice in 1990, attorney Jeffrey Milam and the rest of our team have helped clients from Sacramento, Modesto, Fresno and throughout Northern California obtain the disability benefits that they deserve.
Information on this website is provided as a service of Milam Law. Contact us regarding Social Security Disability claims and denials.
Supplemental Security Income Attorneys
There are many issues that you need to consider if you are planning to apply for SSI benefits or if you have already had a claim for SSI benefits denied.
SSI recipients are entitled to Medi-Cal benefits when found disabled, but only the individual who is disabled can obtain benefits. This is in contrast to SSD benefits, where the child of someone who has earned enough work credits can qualify. Likewise, unlike SSD benefits, SSI benefits have much lower limits.
Speak With an Attorney for More Information About SSI Benefits
The sooner that you speak with an attorney, the better off that you will be when applying for Social Security Disability benefits. Our offices are located within an hour's drive of most places between Bakersfield and Sacramento. If you cannot get to our office, we can also work by phone, email or facsimile. Call us toll free for a no-cost initial consultation at 877-592-1475.

THE DIFFERENCE BETWEEN SSDI and SSI

Two Sources of Financial Help for People With Disabilities
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are separate and distinct programs sharing one common purpose ... helping Americans who are unable to work or support themselves because of a disability. These programs were not part of the Social Security Act originally when signed into law by President Franklin Delano Roosevelt, but were added in later years.
Both programs, SSDI and SSI, are run by the Social Security Administration (SSA), and are similar in other respects as well. The claims process is the same. The appeals process is the same. The basic age requirements and having a disability that will prevent you from doing any work for at least one year are the same as well.
Milam Law offers experienced legal help for SSDI and SSI claims alike. In fact, this is the only work we do. Call or contact us today for a free consultation. Our lawyers represent clients throughout California's Central Valleys.
How Do the Two Programs Differ?
SSDI is an insurance-based program funded by the Social Security taxes withheld from payroll checks. To be entitled to receive SSDI benefits, you must have worked sufficient years and paid Social Security taxes. There must be a total of 10 years of work except for younger individuals. In addition, you have to be disabled within 5 years of the date you stopped working, usually. Generally, the more you have worked, earned and paid into the system - the more compensation you will be eligible to receive if disabled.
SSI is a need-based program intended to help those who would not otherwise qualify for SSDI or whose SSDI payments would be very low. In general, people who have not earned enough work credits, those who never worked (like "stay home moms"), those who became disabled before they could work, and children with disabilities can obtain SSI benefits - provided their assets and income do not exceed certain limits.
What else should you know?
  • SSI recipients are entitled to Medi-Cal benefits when found disabled;
  • SSD recipients receive Medicare coverage but must wait up to 24 months after they become disabled before those benefits actually start.
  • Lawful permanent residents may face special challenges to obtaining benefits from either program.
  • With SSI, only the individual who is disabled can obtain benefits; with SSD, the child of someone who has earned enough work credits can qualify
  • You can work and earn money while receiving benefits from either program but the allowable earnings limits for SSD recipients are much higher than the limits for SSI recipients
  • If you work while a claim is pending, many rules can apply. Generally, you can work up to three months and it not hurt your claim, particularly if you cannot continue working due to your disability. However, there are complex rules governing work efforts that last over 6 months, and all work efforts to some degree. For example, if you try to work, Social Security can view that effort as showing good motivation, but they can also see it as proof you can work if you try hard enough. It is a difficult area, and each case is somewhat individual in nature, so a case-by-case consideration is needed, preferably by an attorney.
Spanish, Lao, Cambodian and Hmong Translation and Interpretation Services Available
Our offices are located within an hour's drive of most places between Bakersfield and Sacramento. For a free consultation with an attorney - call us at 877-592-1475 (toll free) or, contact us by email.

LONG-TERM DISABILITY BENEFITS ATTORNEY

ERISA Attorneys
The Employee Retirement Income Security Act, otherwise known as ERISA, is not easy to understand. The complex language of insurance policies, and how those policies work within the law, can often make the process of pursuing long-term disability benefits very difficult. It is important to have someone with extensive experience and legal knowledge guide you through the ERISA long-term disability claims process.
Information on this website is provided as a service of Milam Law. Contact us regarding Social Security disability claims and denials.
Long-Term Disability Benefits Lawyers
In cases involving ERISA long-term disability, a claim will often be approved or denied based on perceived functional impairment. This impairment will concern restrictions, which refers to activities that you are no longer able to do, as well as limitations — which are activities that you are able to do, but not at the same level of frequency.
The complexity of long-term disability cases comes from determining whether a medical condition is a disability, and whether that disability will prevent a person from working. With an experienced lawyer on your side, you can confidently present your case.
Contact Our Firm to Learn More Information
There are attorneys who specialize in this area of law. We can provide referrals to you for attorneys whom we trust can help you — if you would like us to do so. You can call us toll free at 877-592-1475.

SPECIAL CONCERNS OF DISABLED IMMIGRANTS

Immigrant Disability Claims
Although the eligibility rules are more complicated for immigrants, the actual disability claims process is very much the same. The bigger problems faced by immigrants involve unfair biases, economic disadvantages and language or cultural barriers.
If you are an immigrant living in California's Central Valley, and you are struggling to cope with a disability - the attorneys to contact for help with your Social Security Disability or Supplemental Security Income claim are at Milam Law.
Having worked in this area for decades, lawyers at our firm are sensitive to the special challenges faced by disabled immigrants.
  • Bias can be a huge obstacle. Unfortunately, it still exists. Our firm attacks that bias wherever we find it and has successfully represented a broad spectrum of immigrant clients, including adults who grew up in times of war and who are now experiencing mental disabilities because of it. Many attorneys do not aggressively attack bias of ALJs, but that cannot be said about this office. Where an injustice has been done, we will help that person wronged by the system in whatever way needed. The fight against unfair and unjust practices continues, and it will continue in this office when necessary to help people.
  • Lack of education and language skills can also be a problem. In fact, many immigrants who don't speak English or understand the SSA's rules will give up on their claims after being denied benefits. Our lawyers speak for you and may even be able to speak directly with you in your native language. We speak Spanish, Lao and Cambodian. We also offer translation services for Hmong-speaking clients. In fact, Attorney Bosavanh is the first Lao attorney in the central valleys to pass the California Bar exam and work here and has been instrumental in applying her special understanding to the process. For example, she has been able to see and expose to SSA and the ALJs just how problematic the interpretation of English can be for SEA and other ethnicities.
  • Cultural barriers may be present as well. For instance, in some cultures it is not polite to look someone in the eye when you are speaking to them. Unfortunately, if you do not look an Administrative Law Judge in the eye when you speak, they can easily misinterpret that as an attempt to lie or conceal something. We work closely with our immigrant clients so that we can identify those barriers and do something about them. Years of experience in working in ESL people groups has helped this firm greatly in working with these people and helping their disabilities get translated and represented in a proper cultural context, and Attorney Bosavanh's impact has heightened this presentation to a new level.
Our firm handles immigrant disability claims throughout the Central Valley, from Bakersfield to Sacramento. To talk to us about your disability claim or appeal, free of charge - call at 877-592-1475 (toll free) or contact us online. There are no costs or fees to pay up front. We only get paid if we obtain SSD or SSI benefits on your behalf.

DISABLED CHILD BENEFITS ATTORNEY

Supplemental Security Income Attorneys
When a child is disabled, that child may depend on financial assistance and medical treatment for the rest of his or her life. The Social Security Administration (SSA) has two programs for children who require disability benefits, including Social Security disability insurance (SSDI) and Supplemental Security Income (SSI).
In order to recover benefits for your children, you and your family have to meet income and resource criteria. The rules for disabled child benefits are complex, especially SSDI benefits, and it can be difficult and frustrating for parents to understand all of them. At Milam Law, our firm can advise you on the law and your rights. If you wish to file a claim for benefits, we can help you through the process as effectively and efficiently as possible.
Information on this website is provided as a service of Milam Law. Contact us regarding Social Security disability claims and denials.
Disabled Child Benefits Lawyers
For disabled children under the age of 18, the SSA will make payments under the SSI program to families who have little income and resources. Unlike SSDI payments that are based on prior work, SSI payments are based on need, and may be paid to children even when a parent is retired, disabled or deceased. SSI benefits will continue as long as the child is disabled, and has little income or resources.
In order for a child under the age of 18 to be considered disabled, he or she must have a physical or mental condition that is so severe that it has marked and severed functional limitations. The condition must last or be expected to last at least 12 months, or be expected to result in the child's death. The child must not be working at a job that is considered to be substantial.
Contact Our Attorneys to Learn More Information
If your child is disabled and you meet SSA's filing requirements, contact us at Milam Law and learn more information about receiving SSDI or SSI benefits. Send our firm an email or call one of our Northern California offices toll free at 877-592-1475. Schedule a free, initial consultation.

SOCIAL SECURITY BENEFITS APPEAL ATTORNEY

Disability Benefits Attorneys
If the Social Security Administration (SSA) finds that you have received too much money in your Social Security Disability Insurance Benefits (SSDIB) or Supplement Security Income (SSI) check, you may receive a notice of overpayment. There are many ways that an overpayment could happen, many of which are not your fault. Unfortunately, it does not matter who was at fault if you are overpaid. The government will still expect you to repay the money.
There could be a way to avoid the repayment, if you are at fault, and one of the following applies to your situation: you cannot afford to repay your overpayment because you/your family does not have extra money in any savings device and have more monthly expenses than income; the amount of overpayment is so small that it is not worth it for the government to litigate the matter; it would be against equity and good conscience to collect it. These ways to avoid overpayment are sought by a waiver request (see below).
At Milam Law, we know that a notice of overpayment can be frightening. Can you afford to pay back the overpayment? Even if you can, how can you make sure that you do it correctly? That's where our firm comes in. Our lawyers can help you analyze the situation and understand what your rights are in the process. Talk with us about any Social Security overpayment claim and get the answers you deserve. However, in this type of case, there will not be any retroactive disability benefits if you win. So, in order for Milam Law to help you, you will have to agree to and be able to pay a retainer, typically $1000, and to also pay a portion of your ongoing monthly benefits to us in order for us to represent you. We can talk to you about this if you have a big enough overpayment to make it worth it to you to hire an attorney.
Information on this website is provided as a service of Milam Law. 
Contact us regarding Social Security disability claims and denials.
Social Security Benefits Appeal Lawyers
The first thing to do after you have received a notice of overpayment is to read it carefully to make sure that all of the information is correct, including all amounts and dates. Try to figure out if you were really overpaid the amount that the notice says.
There are different ways to deal with an overpayment:
  • Reconsideration: You want the SSA to look at your case again, either by looking at your file, or by meeting with you in a conference or hearing. If you think the amount of overpayment is wrong or the reason the SSA gives for the overpayment is wrong, reconsideration may be your best option.
  • Payment arrangement: If you think that the overpayment was your fault or you can afford to pay it back, you can make that arrangement. You may be able to pay the money back a little at a time.
  • Waiver: You can ask the SSA for a waiver, so that you do not have to pay back the money. A waiver can be used if the overpayment was not your fault and you cannot afford to pay the money back, or if the overpayment is very small, or if it would be against equity or good conscience for the government to seek the money. To ensure you try everything, which could possibly help, you should both timely protest the overpayment and should seek a waiver (separate forms) — whether you can get a lawyer to help you or not.
Whichever option is right for you, you need to act promptly. Do not just ignore the notice or hope it will go away. Instead, talk with a lawyer, as soon as possible, to protect your rights — if you can afford retaining one financially on this type of case.
Talk With Milam Law Today
For a free, initial consultation with one of our experienced lawyers, contact us at one of our offices in Fresno, Sacramento or Modesto. Call us toll free at 877-592-1475 to make an appointment.

APPLYING FOR SOCIAL SECURITY DISABILITY

Strong Representation for Immigrants Seeking SSD
Other law firms may treat Social Security Disability Insurance Benefits (SSDIB) for immigrants just like any other case, simply glossing over the special issues and care that must be addressed to properly handle these types of claims. Fortunately, at Milam Law, we go the extra mile for all our clients, regardless of their immigration status.
If you are an immigrant living in California's Central Valley and you are seeking or have already sought a claim for SSD benefits, the experienced attorneys at Milam Law can help you. Our lawyers have worked in this area for decades. We are sensitive to the special challenges that disabled immigrants face and offer translation services for Hmong-speaking clients. In addition, we speak Spanish, Lao and Cambodian.
Over the years, Jeffrey Milam has worked with immigrants closely both in his legal practice and in community groups. Our attorney, Sengthiene Bosavanh, is the first Lao attorney in the central valleys to pass the California Bar exam and has been able to expose to the Social Security Administration (SSA) and the administrative law judges (ALJs) just how problematic the interpretation of English can be for immigrant clients.
For compassionate and highly skilled SSD claims and appeals representation for immigrants throughout California, contact Milam Law today. We offer free initial consultations.
SSD Benefits and Immigrants/Noncitizens
To qualify for SSD benefits, a noncitizen must meet all the same eligibility requirements that a citizen must meet. If you were assigned a Social Security number (SSN) on or after Jan. 1, 2004, you must meet additional eligibility requirements. You must meet one of the following (according to the official website of the Social Security Administration, www.socialsecurity.gov/):
You were assigned an SSN based on your authorization to work in the United States at any time on or after Jan. 1, 2004.
You were admitted to the United States at any time as a nonimmigrant visitor for business (B-1) or as an alien crewman (D-1 or D-2).
There are additional requirements, particularly for beneficiaries. Eligibility for immigrants is a complicated issue, and we can help you with your specific case.
The actual SSD process for immigrants and noncitizens is the same as it is for U.S. citizens. However, there are special concerns/issues, such as bias, that we take great care in addressing effectively. This can be a huge obstacle. When injustice occurs, we will help the person wronged by the system in whatever way needed.
Contact Us Today for Compassionate SSD Attorneys for Immigrants
Milam Law handles immigrant disability claims throughout the Central Valley, from Bakersfield to Sacramento. To talk to us about your SSD claim or appeal, free of charge, call 877-592-1475 (toll free) or contact us online. There are no costs or fees to pay upfront. We get paid only if we obtain SSD benefits on your behalf.