Legal Question in Social Security Law in California

Re: state eligibility guidelines

Eligibility for Social Security Disability benefits or Supplemental Security Income benefits is not determined by state guidelines. It is entirely a matter of federal guidelines. An intitial claim is sent by SSA to a state "Disability Determination Services" agency which is expected to apply federal guidelines to the evidence, which the DDS has a responsibility to gather from the claimant and his or her health care providers. If a claimant is turned down twice by the state agency, a hearing can be requested before an administrative law judge, a federal employee, who again is required to apply federal guidelines.

The guidelines for Social Security disability benefits and SSI benefits are the same in terms of establishing disability. Social Security disability benefits, if disability is established, are then based on the claimant's earning record and the payroll-deducted Social Security contributions the claimant has made. SSI benefits, when disability has been established, are based on the income and assets of the claimant and/or his household.

Your local Social Security office should be able to answer any questions you have about eligibility. If you are applying for disability benefits, a lawyer experienced in the field of Social Security Disability law will significantly increase your likelihood of a favorable decision.