Location & Hours
323 N. Coast Hwy., Suite E
Oceanside, CA 92054-2826
760-966-9180
Monday-Friday
9:00am-4:00pm
All Medical Impairments Included
- BiPolar
- Depression
- Anxiety
- Carpal Tunnel Syndrome
- Diabetes
- Seizures
- Chronic Fatigue
- Fibromyalgia
- Back & Neck Injury
- Epilepsy
- Migraines
Frequently Asked Questions
What does it mean to be disabled according to the Social Security Administration?
In order to qualify for Social Security disability benefits you must have a physical and/or mental impairment that keeps you from doing any gainful work for a period of time of at least 12 months duration or result in death.
You must be unable to work at any reasonable job, as determined by the government, not just the job you had at the onset of your disability.
The Social Security Administration will consider your inability to return to your present job as well as your age, education and other work experience.
Benefits, known as Title II, if granted, are determined based upon the amount of Social Security taxes you have paid into the system while working at least 5 years over the previous 10 years period.
How do I apply for disability benefits?
Applications may be completed online at your convenience at http://www.ssa.gov/. You may also apply by telephone at 1-800-772-1213. If the person disabled is unable to handle their own filing, the application may be completed by a spouse, relative, friend, or legal guardian.
When you apply be certain to have the following information: your Social Security number, birth certificate, telephone numbers and addresses of each doctor and hospital that have treated you for this condition, including dates of treatment. Also, be able to provide a list of all employers for the past 10-15 years and a description of each kind of work you performed. Any current worker’s compensation or veteran’s benefits claim information is essential.
What is Supplemental Security Income (SSI)?
Supplemental Security Income (SSI), also known as Title XVI, has the same requirements as SS disability. However, SSI benefits are based upon financial need. You may be eligible even if you have never worked or paid taxes into the system. In some cases, you may be eligible for both SS and SSI benefits. The Social Security Administration will determine your eligibility.
What happens if my claim is denied?
Unfortunately, most claims are denied at the initial filing. If you believe you are truly disabled you must file for reconsideration within 60 days. Your denial letter will set forth the directions for a "Request for Reconsideration."
If you are denied at the reconsideration step, you must file an appeal called "A Request for Hearing by Administrative Law Judge." This, also, must be filed within 60 days of the date of the second denial letter.
How do I prepare for the hearing before the Administrative Law Judge?
In the event that your filings are denied, you should contact legal representation such as provided by the Law Offices of David M. Shore.
If your case has merit, David Shore will represent you before the judge and will prepare the necessary documents and obtain all evidence needed for your hearing.
Continuing medical care is an important element in a successful appeal. You may also be required by the judge to be examined by doctors and other specialists chosen by the SSA.
David Shore will assist you by pointing out to the judge the important information of your appeal and protecting your rights throughout the proceeding. The judge’s decision will be based on your medical and/or psychiatric records, testimony you give at the hearing and, in some cases, the testimony of a Vocational Expert or a Medical Advisor.
How much will a lawyer cost?
We will not charge a fee or bill you until your case is won. This is known as a contingency or percentage basis. The Administrative Law Judge must approve the fee charged by your lawyer, which is limited to 25% of any back benefits you might receive. In addition, any "out-of-pocket" expenses paid by your lawyer in order to prepare your case, such as copy expenses for medical reports, will be due at the close of your case. No charge will be made against future benefit payments.
What about disability benefits for a worker’s widow or widower?
When a worker entitled to benefits under Title II dies, the surviving spouse, age 60 or older, may qualify for survivor benefits. A surviving spouse disabled at age 50 or older may also be eligible for benefits. The disability must meet the same standards as discussed previously.
How long will the process of getting disability benefits take?
Due to the number of appeals in the system, you can expect long delays at each step in the process. Don’t get discouraged. Continue with medical and/or psychiatric care and provide your legal counsel with information regarding any changes to you physical condition, address or telephone number. SSA will give you written instructions at each step with plenty of advance notice if you keep your address information current.
Once an Administrative Law Judge hearing has been held for your case, a decision, favorable or unfavorable will be issued in writing by the judge with a copy both to you and our office.
Proudly serving clients throughout San Diego County, including South Bay, Chula Vista, National City, Imperial Beach, Bonita, Carlsbad, Eastlake, Lakeside, Lemon Grove, Mission Valley, Point Loma, Ocean Beach, Oceanside, Pacific Beach, Solana Beach, San Marcos and East County, Encinitas, Escondido, Vista, Poway, Scripps Ranch, UTC, University City, Del Mar, Miramar, Coronado, Ramona, El Cajon, La Mesa, Spring Valley, La Jolla, North County and the surrounding areas.