California Social Security Disability Practice Areas and Legal Definitions

Most attorneys do not handle Social Security disability and/or SSI cases because attorney fees are set and limited by law and the field is highly technical. This requires experience with many different types of Social Security claims and a continuing and exhaustive study of the changes and modifications in the law as they occur.

The outcome of your Social Security disability claim will affect the rest of your life, for better or for worse. Therefore before you hire a Social Security lawyer, take time to make certain that he/she is an expert. Do not hesitate to ask frank and probing questions about the nature and extent of their Social Security claim representation.

Social Security Disability (SSD):

Social Security provides disability insurance benefits to those who have worked and paid Social Security taxes and have become disabled. In order to receive benefits, the claimant must establish 1) that the disabling condition makes it impossible to perform any substantial work, and 2) that the disability is expected to last at least a year, or until death.

Supplemental Security Income (SSI):

Social Security provides SSI benefits for those who are severely disabled but not eligible to receive Social Security disability insurance benefits, usually because they did not work long enough in Social Security covered employment to establish eligibility. SSI differs substantially from Social Security disability. The benefits are lower, there is no provision for dependent or survivors benefits and the disabled person cannot own substantial assets or have substantial income from any source.

Cessation:

This involves the involuntary termination of Social Security disability or SSI benefits based usually on a determination that the disabling condition does not exist or no longer exists and/or, in the case of SSI, that the disabled person's income and/or assets are too substantial to warrant benefits.

If you or someone you know in Santa Fe Springs, Long Beach, or the surrounding areas of Whittier, La Mirada, Norwalk, Pico Rivera, Montebello, Downey and Cerritos, needs the assistance or trusted legal advice of an experienced Social Security disability lawyer, please call the Law Offices of Lawrence D. Rohlfing today at (866) 639-3365, or complete the contact form provided on this site to schedule your free initial consultation.

Southern California Social Security Disability Frequently Asked Questions

The following information includes frequently asked Social Security Disability questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For more information about your specific legal claim, contact the Law Offices of Lawrence D. Rohlfing today.

Will private disability protection reduce my Social Security Benefit?

No. Private disability insurance has no affect whatsoever on your eligibility for Social Security disability payments. If you are receiving Workers' Compensation or other public disability payments, however, this could affect the dollar amount of your Social Security benefit.

What types of disability benefits does Social Security pay?

People who are severely disabled may be eligible for monthly benefits in one or more programs administered by the SSA. Both the Social Security program and the SSI program provide a monthly income for people with severe disabilities. The eligibility requirements for the two programs are different, however.

The Social Security program pays benefits to disabled or retired workers and their families and to the families of deceased workers. To be eligible for Social Security disability benefits, you must be disabled and must have earned a minimum number of credits from work covered under Social Security (required number of credits varies depending on your age at time you became disabled). The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled, and have limited income and financial resources.

Effective January 2005, the SSI payment for an eligible individual was $579 per month and $869 per month for an eligible couple. If you are married, and only one person is eligible, a portion of your spouse's income may be counted. In addition, your financial resources (savings and assets you own) cannot exceed $2,000 ($3,000 if married). You can be eligible for SSI even if you have never worked in employment covered under Social Security. Generally, to be eligible for SSI, an individual also must be a resident of the U.S. and must be a citizen or a non-citizen lawfully admitted for permanent residence. Also, some non-citizens granted a special status by the Department of Homeland Security may be eligible.

I am receiving Social Security disability benefits right now. Will my Social Security benefits change when I turn age 65?

No. The only thing that will change after you turn age 65 is that your benefits will be called Social Security retirement benefits rather than Social Security disability benefits. Everything else will remain unchanged.

What is the maximum Social Security retirement benefit?

As of January 2006, the maximum Social Security retirement benefit for a worker retiring at age 65 was $1,971 per month. The maximum benefit for a worker retiring at age 70 as of that date was $2420. For those electing to take early retirement at age 62, the maximum monthly benefit as of January 2006 was $1530.

What are the disability requirements for an adult?

The definition of disability under Social Security law is a strict one. To be eligible for benefits, a person must be unable to do any kind of substantial gainful work because of a physical or mental impairment (or a combination of impairments), which is expected either to last at least 12 months or to end in death. If, because of a medical condition, a person cannot do the work he/she performed in the past, then age, education and past work experience must be considered in determining whether the person can do other work. If the evidence shows that the person can do other work, even if it involves different skills or pays less than their previous work, he/she will not be considered disabled for Social Security purposes.

The SSA uses a step-by-step process to determine whether you will qualify as being disabled. The process includes the following five questions:

1. Are you working?
   If your earnings average more than $700 a month, you generally cannot be considered disabled.
2. Is your condition severe?
   Your impairments must interfere with basic work-related activities for claim to be considered.
3. Is your condition found in the list of disabling impairments?
   Social Security maintains a list of impairments for each of the major body systems that are so severe they automatically mean you are disabled. If your condition is not on the list, Social Security will decide whether or not your impairment is of equal severity to impairment on the list. If so, your claim is approved. If not, your application will proceed to the next step.
4. Can you do the work you did previously?
   If your condition is severe, but not at the same or equal severity as impairment on the list, Social Security must determine whether or not it interferes with your ability to do the work you did in the previous 15 years. If it does not, your claim will be denied. If it does, your claim will be considered further.
5. Can you do any other type of work?
   If you cannot do the work you did in the previous 15 years, Social Security looks to see whether or not you can do any other type of work. The decision is based on several factors, including your age, education, prior work experience and transferable skills and a review of the job demands of occupations, as determined by the Department of Labor. If you cannot do any other kind of work, your claim will be approved. If you can, your claim will be denied.

How much do the Law Offices of Lawrence D. Rohlfing charge for legal representation in matters Social Security Disability Claims, SSI claims, or Cessation cases?

Attorney fees for these types of cases are set by law and any attorney who charges more than the legal fee faces serious problems including disciplinary action by the State Bar Association. The Law Offices of Lawrence D. Rohlfing never charge a fee for your initial consultation and at that time they will fully explain all of the services your case may require and give you a careful estimate of the fees involved. There are no hidden costs.

If you or someone you know in Santa Fe Springs, Long Beach, or the surrounding areas of Whittier, La Mirada, Norwalk, Pico Rivera, Montebello, Downey and Cerritos, needs the assistance or trusted legal advice of an experienced Social Security disability lawyer, please call the Law Offices of Lawrence D. Rohlfing today at (866) 639-3365, or complete the contact form provided on this site to schedule your free initial consultation.

The Law Offices of Lawrence D. Rohlfing Professional Profile

The Law Offices of Lawrence D. Rohlfing reveres client communication and confidentiality, regarding both as top priorities. The Firm fully understands that matters surrounding disability claims can be traumatic and emotionally delicate in nature. The Law Offices of Lawrence D. Rohlfing provides a comfortable yet professional atmosphere, where attorneys meet personally with each client and deliver trusted legal services with compassion, dedication and skill. Please call the Firm today to schedule your free initial consultation.

Firm Address:

Law Offices of Lawrence D. Rohlfing
12631 E. Imperial Hwy., Suite C115
Santa Fe Springs, CA 90670

Telephone: (866) 639-3365

LAWRENCE ROHLFING, Partner

Lawrence D. Rohlfing graduated from Whittier College in 1982 and Whittier Law School in 1985, cum laude. He has practiced disability law since 1985 and brings considerable experience and expertise to the representation of disability claims under Social Security and ERISA. Rohlfing is a sustaining member of the National Organization of Social Security Claimants' Representatives (NOSSCR) and currently serves as the Ninth Circuit Representative to the NOSSCR Board of Directors and as the Treasurer of NOSSCR sitting on the Executive Board.

Courts Admitted:

• U.S. Supreme Court
• California Supreme Court
• Ninth Circuit Court of Appeals
• Eleventh Circuit Court of Appeals
• Central District of California
• Eastern District of California
• Southern District of California
• Northern District of California

Presentations:

• Southeast Bar Association of Los Angeles County, "My Journey to the Supreme Court"
• U.S. Magistrate Judges, Central District of California, "Current Issues in Social Security Cases in Federal Court" - Revision of Model Orders for Further Proceedings with Jan Walli, Chief Counsel Region IX OGC SSA, and Leon Weidman, Assistant U.S. Attorney, Chief Civil Division, Central District of California
• National Business Institute, "Handling Social Security Cases in California"
• National Organization of Social Security Claimants' Representatives, "Attorney Fees in Social Security Cases, Administrative"
• National Organization of Social Security Claimants' Representatives, "Cross-Examining Vocational Experts"
• National Organization of Social Security Claimants' Representatives, "ERISA Litigation for Social Security Lawyers"
• National Business Institute, "Handling Social Security Cases in California"
• National Organization of Social Security Claimants' Representatives, "Attorney Fees in Social Security Cases"
• Los Angeles County Bar Association, Social Security Section, "Mandamus as Relief for Non-Payment of Benefits and Fees"
• National Organization of Social Security Claimants' Representatives, "The United States District Court - The Next Step in the Adjudication of Social Security Disability Claims - For Beginners"
• Los Angeles County Bar Association, Social Security Section, "To Appeal or to File Anew, That is the Question. Answer: Do Both"
• Los Angeles County Bar Association, Social Security Section, "Practicing Social Security Law in Federal Court"
• Beverly Hills Bar Association, "Social Security, Medicare, and MediCal"
• Los Angeles County Bar Association, Social Security Section, "The DOT and Vocational Expert Testimony After Moncada and Johnson"

MARC V. KALAGIAN, Partner

Marc V. Kalagian graduated from University of Nevada and Whittier School of Law and is the managing partner of Rohlfing & Kalagian in Long Beach, California, which is also affiliated with Ronald Seivers, a longtime Social Security disability advocate in the South Bay area. Kalagian has been involved in hundreds of cases before the courts and the SSA and is the past chair of the Los Angeles County Bar Association Social Security Section.

Courts Admitted:

• California Supreme Court
• Ninth Circuit Court of Appeals
• Central District of California
• Eastern District of California
• Southern District of California
• Northern District of California
• District of Nevada

DENISE BOURGEOIS HALEY, Associate

Denise Bourgeois Haley graduated from Loyola Law School in Los Angeles and practiced civil litigation defense for six years before becoming an associate at the Law Offices of Lawrence D. Rohlfing. She has since practiced Social Security disability and has represented claimants at the administrative level as well as all appellate levels for the past seven years. Her career is distinguished by hundreds of successful District Court appeals and has served on the executive committee of the Los Angeles County Bar Association Social Security Section as well as on the Board of Directors of the Los Angeles Jr. Chamber of Commerce for several years.

YOUNG CHO, Associate

Young Cho graduated from Whittier College and Whittier Law School and is admitted to practice before all state and federal courts in California, including the U.S. District Courts for Central, Southern and Eastern Districts of California and U.S. Court of Appeals, Ninth Circuit. He also externed for Magistrate Judge Joseph Reichmann, retired. Cho has practiced Social Security disability law and has been involved in hundreds of cases before the courts and the SSA. He represents claimants for Social Security disability at all levels of administrative review.

BRIAN CHARLES SHAPIRO, Associate

Brian Charles Shapiro received his bachelor's degree from University of Rhode Island, his master's degree from Pepperdine University, graduated from Whittier Law School and is admitted to practice before all state and federal courts in California, including U.S. District Court for Central, Northern, Eastern and Southern Districts of California and Ninth Circuit Court of Appeals. Shapiro practices Social Security disability and First Amendment law and has handled hundreds of cases before the SSA and the courts.

LAURA LACKEY-KRANK, Associate

Laura Lackey-Krank received her B.A. from California State University-Dominguez Hills, graduated from Southwestern University of Law, cum laude and is admitted to practice before all state and federal courts in California, including U.S. District Courts of California, Central and Eastern Districts. While in law school, she served as a member of the Southwestern University Law Review and President of the Irish Student's Law Association. Lackey-Krank also worked as Judicial Extern for the Honorable Dean Pregerson of U.S. District Court, Central District of California, externed for Commissioner Douglas Carnahan of the California Municipal Court, South Bay District, and worked for Torrance City Attorney's Office-Criminal Division. She now practices Social Security disability law and is a member of the American Inns of Court.

STEVEN G. ROSALES, Associate

Steven G. Rosales received his bachelor's degree from Whittier College, graduated from Thomas Jefferson School of Law and is admitted to practice before all state and federal courts in California, including U.S. District Courts for Central, Southern and Eastern Districts of California and U.S. Court of Appeals for Ninth Circuit. Rosales practices Social Security disability law and represents claimants for Social Security disability at all levels of administrative review. He has also been involved in hundreds of cases before the courts, including participating in three briefs before the U.S. Supreme Court and the SSA.

RONALD L. SEIVERS, Of Counsel

Ronald L. Seivers is "of-counsel" to the Firm working in the Long Beach office of Rohlfing & Kalagian.

BARBRA GEDANKE, Retired

Barbara Gedanke is a retired member of the Firm.