$ 45 Million

Permanent Disability

$ 55 Million

Temporary Disability

$ 5 Million

Death Caused By Work

$ 100 Million

Industrial Accidents

What Are The Social Security Disability Laws in Bakersfield?

Need help with Social Security Disability Laws in Bakersfield? Here are some basics you should know.

If you or your loved one has suffered a life-altering and debilitating injury at work or have been diagnosed with a medical condition that may hamper your capacity to work for a long time, then Social Security Disability (SSD) Laws might provide some relief. You or your loved one may qualify for monthly financial benefits provided by the Social Security Administration. However, applying for and filing claims for SSD is challenging, and an experienced law firm, such as The Law Office of Joseph Pluta, can best navigate it. We can help you with:

  • Application filing assistance
  • Collecting and handling all medical records and other documents
  • Assistance in administrative proceedings
  • Appeals and litigation for denied claims
  • Compassionate 24/7 communication
  • Explaining the different state and federal social security programs best suited to you

Which Disabilities Are Covered Under Social Security?

Do you want to know whether your disability will qualify Social Security benefits? Here’s a list of disabilities that have a high statistical likelihood of being approved.

Musculoskeletal
conditions

Skin
disorders

Neurological
conditions

Cardiovascular
conditions

Respiratory
system conditions

Hematological
disorders

Mental
disorders

Endocrine
disorders

Digestive
system disorders

Cancer

Note : The list above is not exhaustive, which means that even if the nature of your disability is not listed here, you may still have a good chance of qualifying for Social Security benefits. Contact a “social security attorney near me” from The Law Office of Joseph Pluta to get an accurate analysis of your social security application.

What You Should Know About SSDI and SSI

Our Social Security lawyers in Bakersfield, CA, are here to help clear all your doubts about Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) so you can make an informed decision

Both SSDI and SSI are federal benefits programs provided to individuals who have been disabled for 12 months or more. In both programs, you must demonstrate that your physical or medical condition impairs you from working to your full capacity for more than 12 months or until your death. However, this is where similarities between the two end and differences begin, which are:

Social Security Disability Insurance (SSDI) Supplemental Security Income (SSI)
Definition Social Security pays benefits to people who can't work because they have a medical condition that's expected to last at least one year or result in death.
  • SSI provides monthly payments to people with disabilities and older adults who have little or no income or resources.
  • The SSA describes SSI as "an assistance source of last resort".
Funding Source Social Security taxes Income taxes
Eligibility
  • Your employment history and the minimum qualifying amount you’ve paid into the system
  • Before you turn 24, ~1.5 years of work in the three years leading up to your disability.
  • Between ages 24-31, work history should be nearly half the time between turning 21 and developing a disability.
  • >31, five or more years in the 10 years leading up to developing a disability.
  • SSA's evaluation of your current financial situation, including your current income and assets
  • A means-tested process where claimants must have a few income sources before being deemed eligible to qualify
  • Disqualification from benefits if all assets, including stocks, cash, and property owned by the claimant, exceed $2000 ($3000 for couples)
  • Exception to assets: your current lived household, burial plots, your household goods, your wedding ring, your business/work property, one vehicle, and $100,000 in an ABLE account
  • Past and current work history and your age have little influence on the benefits you receive under this program.
Medical Insurance Approval
  • Claimants can qualify for Medicare only TWO years after their application is approved.
  • Medicare is a federal program with limited medical coverage as compared to Medicaid.
  • Claimants usually need to purchase private insurance, known as Medigap, to cover Medicare’s lack of medical coverage.
  • Applicants can receive Medicaid immediately after their SSI application is approved.
  • Medicaid is a state and federal program medical insurance program with very comprehensive coverage for all types of medical expenses
Financial Benefits
  • Based on the claimant's income before their disability's occurrence
  • You'll receive a percentage of your average monthly earnings if your application is approved.
  • Those with higher average incomes receive lower benefits than those with lower average incomes.
  • Contingent on SSA's evaluation of the claimant's income sources, where an equal amount reduces the benefits
  • Maximum payout: $943 for individuals and $1,415 for couples (as of 2024)
  • $967 for individuals and $1,450 for couples (predicted for 2025)
Changes in Benefits Provided Possible with changes in factors such as
  • Medical condition
  • Your ability to return to work
  • Retirement age where SSDI benefits convert into social security retirement benefits
Possible with changes in factors such as
  • Medical condition
  • Income
  • living situation
  • family composition
  • Student status

What Are Some Social Security Benefits You Can Receive?

Should your SSI/SSDI application get approved with the legal expertise of our disability lawyers in Bakersfield, you can expect the following benefits:

You can qualify for SSI and SSDI monthly benefits under "concurrent benefits". However, if all your income sources, including SSDI payouts, exceed the SSI limit of $914 after exclusions, your SSI payouts may be reduced by an equivalent amount.

SSDI SSI
Income Influence You may NOT be eligible for SSDI benefits if:
  • You are not blind
  • Your average income is more than $1,550 in 2024
  • Your unemployment income exceeds Substantial Gainful Activity (SGA) limits (for blind individuals for 2025, is $2700; for non-blind individuals, $1620)
  • Payout subject to average lifetime earnings and workers' compensation benefits
SSA reduces your benefits by $1 for every $2 you receive from your current work sources, such as
  • Your current job
  • Self-employment
  • Money-earning activity
SSA reduced $1 from every $1 you earn from:
  • Disability benefits
  • Unemployment benefits
  • Pensions
Living With Others
  • Family members (spouse, divorced spouse, children, and an adult child disabled before age 22) who may be eligible to receive a monthly benefit of up to 50% of a disabled worker's benefits
  • Maximum total amount payable to the family: 150% to 180% of the disabled worker's benefit.
Calculate your SSDI payments here
Your SSI payouts may be lowered to $334.33 if you live in someone else's home without paying your share of the shelter, electricity, and food expenses
State Supplementary Payment (SSP) program Does not apply Social Security administers the State supplement for the district of California
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How Workers' Comp Affect SSDI/SSI

Learn what our disability lawyers in Bakersfield have to say through their experience about workers’ compensation’s influence on potential Social Security benefits

Are you already on workers' compensation in Bakersfield or planning to apply for it? You must be aware of its influence on your social security payouts.

  • SSI :Since workers' comp benefits are considered an income by the Social Security Administration, they will be deducted from the Federal Benefit Rate (FBR) you receive ($733 for an individual or $1,100 for an eligible couple)
  • SSDI :If your combined SSDI and workers' compensation payments are over 80% of your previous average earnings, your SSDI payments will be reduced to 80% of the amount you previously earned.

Are You Eligible for Social Security Benefits in Bakersfield?

Our expert Social Security attorney in Bakersfield can best help you if you meet all the qualifying criteria for receiving Social Security benefits.

Our disability lawyers in Bakersfield know how hard it can be to apply for Social Security benefits in California. It can be even harder to appeal a denied claim, for which SSA will evaluate the severity of your medical impairment. To save months of harrowing back-and-forth with the courts until your application is approved, we suggest you are doubly sure about your eligibility criteria before applying. Here are some of them:

SSDI SSI
Based on previous contributions to Social Security
  • Based on your income level
  • You may also qualify for State Supplemental Payments (SSP)
Have a disability, according to The Listing of Impairments
  • Have a disability
  • Be 65 or older (with or without a disability)
You must fulfill the Substantial Gainful Activity (SGA) limits No SGA limitations
Check Your Eligibility

Why The Law Office of Joseph Pluta Are The Ultimate Social Security Lawyers in Bakersfield?

We cut through the red tape and legal jargon, helping you communicate clearly with the Social Security Administration about why you’re an ideal candidate for benefits.

  • Proactive Legal Support
  • Se Habla Español!
  • 57+ Years of Excellence
  • Compassionate Support
  • No Upfront Costs
  • Clear & Constant Communication
  • 6000+ Injured Workers Helped
  • We Win, or You Pay Nothing!
  • Prompt Appointments are available including on Saturdays & Evenings
  • Assiduous Care with Handling Legal Documentation

Delivering What You're Owed, One Step At A Time

Are you trying to figure out how it all works? Here's a glimpse of our step-by-step process so that you know what you're signing up for.

Case Evaluation

In your first consultation with us, we will analyze your current financial and medical situation, including all income sources, assets, and your overall likelihood of your Social Security application getting approved.

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Creating your “My SSA” account

Some of the actions we will undertake here are registering your account online, informing you about the required documents, and protecting you from misinformation and scams online, including fake websites and forums collecting sensitive information.

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Gathering necessary documentation

Our social security lawyers in Bakersfield, CA, will advise you to submit the necessary documentation to file your application, particularly those proving your medical impairments and work history. Some of those include:

  • Social Security Number
  • Birth certificate
  • Contact information of doctors
  • Detailed work history
  • Names and dosages of prescription medications

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Filing your application

We will file your SSDI/SSI application as soon as possible so you can begin receiving your benefits immediately, keeping in mind all documentation and deadlines.

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Appealing your denied application

Getting a denied claim is always a disappointment, but an expert disability lawyer can help with the process of filing a counter-appeal. The Law Office of Joseph Pluta is reputed for representing clients at their greatest needs. Whether you need help with a disability benefits application or you need to file a disability appeal, our team is committed to providing you with the support, understanding, and personal care that you deserve.

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What People Say

I was overwhelmed by the Social Security filing process until I found this law firm. They guided me every step of the way, making it so much easier to present my case. Thanks to their expertise, I received my benefits quickly. I couldn’t be more grateful!

Sarah L

From the moment I reached out, the team was incredibly supportive and knowledgeable. They took the time to explain everything in detail, making sure I understood what was happening. With their help, my application was approved, and I can finally breathe easier!

John D

"I had been denied benefits twice before, and I felt hopeless. Then I turned to this firm, and they fought for my rights. Their team was relentless, and they explained everything in a way I could understand. I finally got approved, and I owe it all to them!

Mark T

Frequently Asked Questions

Review some frequently asked questions about Bakersfield's social security benefits process.

In most cases, the fees of Social Security disability lawyers usually do not exceed twenty-five percent (25%) of the back or retroactive benefits obtained on your behalf. This fee is also 'capped' at a maximum of $7,200.00, so the fee would be 25% or $7200.00, whichever is lower.

Considering the five-month grace period, one should expect to get compensated for all the delays in the payment of arrears. Specifically, 12 months is the most SSDI would pay any beneficiary in back pay. If you want maximum SSDI beneficiary benefits, your disabling condition should have occurred precisely 12 months before your SSDI benefits application.

You could receive back pay if you qualify for Supplemental Security Income (SSI). Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits.

There is no particular "additional payment" that elders can receive from the Social Security Administration. For instance, you do not qualify for additional money, such as a $5,000 bonus check, simply because you are from a specific profession. Social Security does not give additional cash to random individuals. It is also impossible to legally manipulate the system to collect payment from Social Security over what is due. The payouts of Social Security benefits come from the Treasury and are guided by the administration's formula that includes one's earnings for their entire working life.

In case you have more than two thousand dollars in your bank account while under the Supplemental Security Income Consideration, which is referred to as SSI, you will most likely be disqualified from receiving benefits since you have exceeded the resource limit, which means you won't get any SSI benefits for that month until you reduce your bank balance below the set limit.

Supplemental Security Income, commonly known as SSI, is a program offered to people needing this service. To qualify for SSI, your countable resources must be at most $2,000 for a single person and $3,000 for a married couple. In the SSA's terminology, this is the resource limit.

Social Security will cancel overpayments of $50 and under. This is referred to as the SSI $50 Rule. Where the overpayment is $1,000 or less and a request for reconsideration or waiver is filed, Social Security will not collect the overpayment (except in cases where the overpayment was created through the individual's fault). This is referred to as the SSI $1,000 Rule.

Receiving Supplemental Security Income (SSI) Benefits means that the Social Security Administration (SSA) checks your bank accounts because you have permitted them to do so. In the case of recipients of Social Security Disability Insurance (SSDI) or regular Social Security Retirement Benefits, the answer is no because asset limits do not apply to benefits.

SSI is typically meant for individuals whose earning potentials are less than $1,971 monthly from work. The income limits for couples and parents applying for children are also higher. Other income options, besides work earnings, are also considered, e.g., disability, unemployment, and pension benefits.

Call Today For Your Free Initial Consultation At (661) 395-1031

DISCLAIMER: This website contains general information and is only intended for educational purposes. Because laws are constantly changing, the information is not guaranteed to be correct and/or current. Nothing contained on this website is intended to be a substitute for legal advice and does not constitute legal advice. Reading this website does not create, and should not be construed to create, an attorney-client relationship between the Law Office of Joseph Pluta and the reader. Nothing within this website should be considered as providing legal advice or a legal opinion. Sending an E-Mail to this website, or interacting with this website in any other way, does not create an attorney-client relationship.