Stockton Social Security Disability Attorney

The Social Security Administration (SSA) administers two disability benefit programs that come under Social Security Act. The Social Security Disability Insurance (SSDI) program (Title II of the Act) provides for payment of disability benefits to disabled individuals who have contributed to the Social Security Trust Fund through the Social Security taxes, and to some of their dependents. The Supplemental Security Income (SSI) program (Title XVI of the Act) provides payments to disabled individuals (including children under age 18) who have limited income and resources. Criteria for deciding if an individual is \'disabled\' is prescribed in the Act and Social Security Administration\'s regulations.

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Legal definition of disability is the same for both individuals applying for benefits under SSDI and for adults applying under SSI . Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

For children under 18 applying under SSI the definition is different and the claimant is considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months. Disability determination process Disability Claims are processed through a network of Social Security field offices and fully federal funded State agencies called Disability Determination Services(DDS). Appeals of denied claims are heard in either DDSs or in SSA\'s Office of Hearings and Appeals by administrative law judges. Initially the field office verify the claimant\'s non-medical eligibility criteria such as age, employment, marital status, or Social Security contribution information.

Once DDS receives the application it will try to obtain evidence, first from claimant\'s own medical sources and then from claimant\'s treating source or from an independent sources through consultative examination. The treating source is a claimant\'s own physician, psychologist, or other acceptable medical source. SSA usually considers the treating source as the preferred source and will ask the source to provide a statement about the claimant\'s ability to engage in gainful employment. After the initial examination DDS in the form of two-person adjudicative team, made up of a disability examiner and a physician or a psychologist, will make the disability determination. If required they will ask for additional medical evidence.

Based on the determination SSA will either start paying the benefits after calculating the appropriate amounts or return the file to field office in case of appeal. First appeal will be considered in a similar way to initial claim but by a different adjudicative team. The second appeal is decided by an administrative law judge in SSA\'s Office of Hearings and Appeals after a hearing and receiving any additional evidence, sometimes by directly contacting medical sources. In rare cases judge may issue subpoena to obtain evidence or testimony.