Find Social Security Disability Lawyers Near You in Burbank, CA

The cost of hiring a social security disability lawyer in California is strictly regulated by federal law. Most attorneys work on a contingency fee basis, meaning they receive a percentage of your past-due benefits, known as back pay, only if your claim is approved. The fee is capped at the lesser of 25 percent of your back pay or $7,200, though this dollar limit may be adjusted periodically for inflation. For example, if your back pay award is $20,000, the attorney would receive $5,000 (25 percent), not the full $7,200. If your back pay is $30,000, the fee would be capped at $7,200. You should not pay any money upfront for representation; fees are typically withheld from your award and paid directly to the attorney by the Social Security Administration. Some representatives may charge for out-of-pocket expenses, such as copying medical records or postage, but these are usually minimal and reimbursed from your back pay as well.

It is important to note that this fee structure applies to both attorneys and non-attorney representatives, though non-attorney representatives may have slightly different fee arrangements. Always ask for a written fee agreement before hiring any representative. If your case is denied at the hearing level and you appeal to the Appeals Council or federal court, additional fees may apply, but these must still be approved by the SSA. This information is provided as a general overview and does not constitute legal advice. You should consult with a qualified representative to discuss the specific fee structure for your case.

Navigating the Social Security disability system can be a complex and often overwhelming process for residents of Burbank, California. Understanding the fundamental differences between the two main programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), is the first critical step. SSDI is a program funded by payroll taxes that provides benefits to individuals who have worked and paid into the system for a sufficient number of years, earning what are called work credits. Generally, you need 40 credits, 20 of which were earned in the last 10 years, though younger workers may qualify with fewer credits. SSI, on the other hand, is a needs-based program for individuals with limited income and resources, regardless of their work history. Both programs require that you have a medically determinable impairment that prevents you from engaging in substantial gainful activity (SGA), which in 2024 is set at $1,550 per month for non-blind individuals and $2,590 for blind individuals. The Social Security Administration (SSA) uses a manual known as the Blue Book, which lists specific impairments and the medical criteria required to meet or equal a listing. If your condition does not match a listing exactly, the SSA will assess your residual functional capacity (RFC) to determine if you can perform past work or any other work in the national economy.

The application process for disability benefits in Burbank begins with the initial application, which can be filed online at the SSA website, by phone, or in person at the local Social Security office located at 2600 W Olive Ave, Burbank, CA 91505. The processing time for an initial decision typically ranges from three to six months, though this can vary based on the complexity of your case and the availability of medical records. Nationally, the initial denial rate is high, with approximately 60 to 70 percent of applications being denied. In California, the denial rate is similar, often hovering around 65 percent. If your claim is denied, you have 60 days to file a request for reconsideration, which is a review by a different examiner at the state Disability Determination Services (DDS) office. Unfortunately, reconsideration denials are also common, with about 80 percent of cases being denied at this level. If denied again, you may request a hearing before an Administrative Law Judge (ALJ). This is often the most critical stage, as ALJ approval rates can be significantly higher, sometimes reaching 50 to 60 percent depending on the office and judge.

California-specific factors play a significant role in your disability claim. The state Disability Determination Services (DDS) office that handles initial and reconsideration decisions for Burbank residents is the DDS office in Los Angeles, located at 1000 Corporate Center Dr, Monterey Park, CA 91754. This office is responsible for gathering medical evidence and making the initial disability determination. If your case proceeds to a hearing, it will be held at the Office of Hearings Operations (OHO) in Van Nuys, California, located at 6150 Van Nuys Blvd, Van Nuys, CA 91401. The average wait time for an ALJ hearing in the Van Nuys office can range from 12 to 18 months from the date of your hearing request, though this can fluctuate based on caseload and judge availability. Local approval rates in the Van Nuys hearing office have historically been slightly above the national average, but they vary widely by individual judge. It is important to note that California has a relatively high cost of living, which can affect SSI benefit amounts, as SSI is adjusted for state supplementation. In 2024, the federal SSI rate is $943 per month for an individual, but California adds a state supplement, bringing the total to approximately $1,125 per month for individuals living independently.

Medical evidence is the cornerstone of any successful disability claim. The SSA requires objective medical evidence from acceptable medical sources, such as licensed physicians, psychologists, and in some cases, nurse practitioners or physician assistants. Your treating physician records are given significant weight, especially if they have a long-term relationship with you and their opinions are consistent with the objective findings. The SSA may also send you to a consultative examination (CE) at their expense if there is insufficient evidence in your file. These exams are often brief and may not capture the full extent of your limitations. A strong medical file includes detailed treatment notes, diagnostic test results (such as MRIs, X-rays, or blood work), and a functional assessment from your doctor that describes your residual functional capacity (RFC). For mental health conditions, a psychiatric evaluation or a psychological assessment is crucial, as is evidence of ongoing treatment, such as therapy notes or medication management records. The SSA will look for documentation of your ability to perform work-related activities, including sitting, standing, walking, lifting, carrying, and concentrating. Without thorough and consistent medical records, it is very difficult to prove disability, which is why many claimants benefit from professional guidance.

When hiring a representative for your Social Security disability case in Burbank, it is important to understand the fee structure and what to expect. Most disability lawyers and non-attorney representatives work on a contingency fee basis, meaning they only get paid if you win your case. Under federal law, the fee is capped at the lesser of 25 percent of your past-due benefits (back pay) or $7,200. This cap applies to both attorneys and non-attorney representatives, though the $7,200 limit is adjusted periodically for inflation. You should not be required to pay any upfront costs for representation; fees are typically deducted directly from your back pay award after the case is approved. There is a significant difference between hiring an attorney and a non-attorney representative. Attorneys are licensed by the state bar and have passed a rigorous exam, while non-attorney representatives must meet SSA standards but are not subject to the same ethical and legal oversight. Attorneys can also handle appeals to federal court if necessary, whereas non-attorney representatives may not be able to do so. For most claimants, working with an experienced attorney provides a higher level of protection and advocacy, especially in complex cases involving multiple impairments or prior denials.

After your claim is approved, there are several important financial and procedural steps to understand. Back pay is calculated from your established onset date of disability, but there is a mandatory five-month waiting period for SSDI benefits, meaning you will not receive benefits for the first five months after your disability began. SSI benefits, however, have no waiting period and begin the month after you file your application. Once approved, you will become eligible for Medicare after 24 months of receiving SSDI benefits, while SSI recipients typically qualify for Medicaid immediately in California, as the state does not require a separate application for Medi-Cal. The SSA conducts periodic continuing disability reviews (CDRs) to ensure you remain disabled. These reviews can occur every three to seven years, depending on whether your condition is expected to improve. If you wish to return to work, the SSA offers incentives such as the trial work period (TWP), which allows you to test your ability to work for nine months (not necessarily consecutive) within a 60-month period without losing benefits. After the TWP, you enter the extended period of eligibility (EPE), during which you can continue to receive benefits for any month your earnings fall below the SGA threshold. The Ticket to Work program also provides vocational rehabilitation services and support to help you re-enter the workforce without immediately losing your benefits. Understanding these post-approval rules is essential to maintaining your benefits while exploring work opportunities.