The top-rated social security disability lawyer in San Jose, California is Laporte Law Firm, rated 4.8 stars across 150 reviews. Other highly rated options include Roeschke Law, LLC, Law Offices of Hatixhe Grbeshi, Attorney Professional Corporation, Costanzo Law Firm, APC. This directory lists 15 social security disability lawyers serving San Jose.
Comparison
| # | Name | Address | Phone |
|---|---|---|---|
| 1 | Laporte Law Firm | 2570 N First St 2nd Floor | (408) 293-8810 |
| 2 | Roeschke Law, LLC | 99 S Almaden Blvd #600 | (480) 424-4996 |
| 3 | Law Offices of Hatixhe Grbeshi, Attorney Professional Corporation | 1625 The Alameda Suite 505 | (408) 453-3500 |
| 4 | Costanzo Law Firm, APC | 111 Sharks Wy #700 | (408) 993-8493 |
| 5 | Robert T Bledsoe Law Offices | 330 W Hedding St #100 | (408) 298-4606 |
| 6 | Golden State Workers Compensation | 111 N Market St Suite 391 | (408) 850-6566 |
| 7 | Law Offices of Travis H. Whitfield | 2055 Junction Ave Ste 138 | (408) 879-9039 |
| 8 | Scher, Bassett & Hames | 1700 The Alameda Suite 200 | (408) 869-1411 |
| 9 | Angelina Valle & Associates | 2033 Gateway Pl #500 | (831) 534-3770 |
| 10 | Scott E. Shaffman Attorney At Law | 111 N Market St Suite 300 | (408) 418-4625 |
The Laporte Law Firm handles both initial social security disability applications and the subsequent appeals process, offering clients continuous representation through denials and hearings. Serving the San Jose, California area, the practice focuses exclusively on this area of law to assist individuals seeking benefits. Clients should understand that representation addresses the entire claim from start to administrative resolution. Service operates on a as-needed basis, with the firm appearing at hearings and managing correspondence throughout the claim’s duration.
Roeschke Law, LLC provides legal representation specifically for Social Security Disability claims in San Jose, California. The firm helps clients navigate the complexities of applying for disability benefits, addressing denials, and appealing unfavorable decisions. Throughout these proceedings, focused attention is given to gathering medical evidence and preparing comprehensive paperwork to meet strict administrative deadlines. As the end of the calendar year approaches, the office assists those who need to submit applications before benefit eligibility criteria change with the new year.
The Law Offices of Hatixhe Grbeshi, Attorney Professional Corporation serves the San Jose, California, metro area with legal representation in Social Security Disability claims. The firm guides clients through the process of applying for disability benefits, including initial applications and reconsideration requests. It prepares necessary medical documentation and handles the complex administrative hearings required when claims face denial. The practice also assists with appeals to the Social Security Appeals Council for unresolved disputes.
Costanzo Law Firm, APC provides legal representation for individuals seeking Social Security Disability benefits in San Jose, California. The firm assists clients through the initial application process, appeals of denied claims, and hearings before administrative law judges. It offers guidance on gathering medical evidence and completing required documentation to meet strict federal deadlines. The practice handles cases for a wide variety of disabling conditions affecting single-family homeowners, apartment tenants, retail employees, and restaurant workers.
Residents of San Jose who are unable to work due to a medical condition turn to Robert T Bledsoe Law Offices for help with Social Security Disability claims. The firm guides clients through the application process, from initial filings to appeals and hearings before an administrative law judge. Its lawyers assist with gathering medical evidence and completing required paperwork to build a strong case. This San Jose practice also serves clients in nearby communities such as Cupertino.
For Social Security Disability claims, a one-time consultation focuses on eligibility and strategy, while ongoing representation covers the full appeals process. Golden State Workers Compensation in San Jose, CA, assists with both initial applications and hearings before an administrative law judge. They manage communications with the Social Security Administration to gather necessary medical evidence. The service runs on an as-needed basis, with clients scheduling meetings or phone calls when filing steps are required.
The Law Offices of Travis H. Whitfield serves San Jose and the surrounding Santa Clara Valley communities. The firm handles Social Security Disability claims, including initial applications and appeals denials. It works directly with clients to gather necessary medical records and documentation for their case. The office generally reviews each individual situation to identify supporting evidence and communicates promptly with the Social Security Administration throughout the process.
As the Bay Area’s cost of living continues to rise, many San Jose residents facing disabling conditions seek help navigating the complex Social Security Disability system. Scher, Bassett & Hames provides legal guidance to local applicants, helping them compile necessary medical evidence and address procedural hurdles during the initial application or reconsideration phase. The firm works closely with clients to understand each case’s specific details before moving forward. A typical first step involves scheduling an office consultation to review the claimant’s work history and medical records for eligibility.
Angelina Valle & Associates provides Social Security Disability representation, guiding clients through initial applications and appeals for disability benefits in San Jose, CA. It handles the complex documentation and communication required to establish eligibility for Supplemental Security Income or Social Security Disability Insurance. The firm assists individuals whose medical conditions prevent substantial gainful activity. As seasonal financial pressures or changes in health coverage arise, the practice helps clients secure the ongoing monthly income necessary to maintain stability through difficult periods of unemployment.
What Does a a Social Security Disability Lawyer in San Jose Cost?
In California, social security disability lawyers are almost always paid on a contingency basis, with the fee strictly regulated by the SSA. The maximum fee is the lesser of 25 percent of your past-due benefits or $7,200, as of 2025. This means if your back pay award is $28,800 or less, the fee is 25 percent; if it is higher, the fee is capped at $7,200. For example, a $50,000 back pay award would result in a $7,200 fee, not $12,500. You do not pay any upfront retainer or hourly fees. Some representatives may charge for expenses like medical record copying or postage, but these costs are typically small, ranging from $20 to $100 total.
This information is general and does not constitute legal advice. Fee structures and caps are subject to change by the SSA, and individual cases may vary. You should always discuss fees and costs directly with any representative before signing a representation agreement.
About social security disability lawyers in San Jose
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two distinct federal programs administered by the Social Security Administration (SSA) that provide financial assistance to individuals unable to work due to a severe medical condition. SSDI is funded through payroll taxes and is available to workers who have earned sufficient work credits, typically requiring 40 credits total with 20 earned in the last 10 years. In contrast, SSI is a needs-based program with no work credit requirement, but strict income and asset limits apply (individual resources must be below $2,000, or $3,000 for couples). Both programs require applicants to meet the SSA definition of disability: a medically determinable impairment expected to last at least 12 months or result in death, and the inability to engage in substantial gainful activity (SGA). For 2025, the SGA threshold is $1,620 per month for non-blind individuals and $2,700 for blind applicants. The SSA uses the Blue Book, a listing of over 100 disabling impairments, to evaluate claims; if your condition meets or equals a listing, you may be approved without further analysis.
The application process begins with the initial claim, which can be filed online at ssa.gov, by phone at 1-800-772-1213, or in person at a local Social Security office. After submission, the state Disability Determination Services (DDS) reviews medical evidence and makes a decision, typically taking 3 to 6 months. However, initial denial rates are high, with approximately 60 to 70 percent of first-time applicants rejected. If denied, you have 60 days to request reconsideration, a review by a different DDS examiner. Reconsideration denial rates remain steep, around 80 to 85 percent. The next step is a hearing before an Administrative Law Judge (ALJ), which can take 12 to 18 months from the hearing request date. If the ALJ denies your claim, you may appeal to the Appeals Council within 60 days, and if that fails, to federal district court. Each stage has strict deadlines, and missing a 60-day window can result in losing your right to appeal entirely.
In California, the state DDS agency is the Disability Determination Service Division (DDSD), headquartered in Sacramento but with offices throughout the state. San Jose falls under the jurisdiction of the San Francisco Regional Office, but local hearing offices are located in San Jose at 100 Paseo de San Antonio, Suite 200, and in nearby Oakland and San Francisco. Average wait times for an ALJ hearing in the San Jose area are approximately 14 to 18 months from the date of the hearing request, though this can vary based on caseload and the complexity of your case. Local approval rates at the hearing level in California are slightly above the national average, with about 55 to 60 percent of claimants receiving a favorable decision from an ALJ. However, these rates can differ by specific judge and the quality of medical evidence presented. San Jose claimants should also be aware that California has a high cost of living, which can affect SSI eligibility due to the resource limits, and that Medi-Cal (California Medicaid) is automatically available for SSI recipients without a separate application.
Medical evidence is the cornerstone of any disability claim. The SSA gives significant weight to treating physician records, especially when they include detailed treatment notes, diagnostic test results, and a medical source statement about your functional limitations. Consultative examinations (CEs) are sometimes ordered by DDS when existing records are insufficient, but these exams are often brief and may not fully capture your condition. A Residual Functional Capacity (RFC) assessment is a critical document that describes what you can still do despite your impairments, including physical limitations (e.g., ability to lift, stand, walk) and mental limitations (e.g., concentration, memory, social interaction). For mental health conditions, a psychiatric review technique form (PRTF) and a mental RFC are essential. Strong medical evidence includes consistent treatment records spanning at least 12 months, objective findings like MRI or X-ray results, and opinions from your treating doctor that explain why you cannot work. The SSA also considers your age, education, and work history under the Medical-Vocational Guidelines (the Grid Rules), which can help older claimants with limited education and unskilled work history.
When hiring a representative in San Jose, you should understand the fee structure. Social security disability lawyers and non-attorney representatives are typically paid on a contingency basis, meaning you pay nothing unless you win. The SSA caps fees at the lesser of 25 percent of your past-due benefits (back pay) or $7,200, as of 2025. This cap applies to the total fee for all representatives combined. You do not pay upfront costs; the fee is withheld from your back pay and paid directly by the SSA. Some representatives may charge for out-of-pocket expenses like medical record retrieval fees, but these must be reasonable and disclosed in advance. Non-attorney representatives, such as disability advocates, can also handle your case, but they must be accredited by the SSA. Attorneys are generally better equipped to handle complex appeals, especially at the federal court level, but both types of representatives must follow the same fee rules. You have the right to change representatives at any time, but the new representative must agree to the same fee cap.
After the SSA approves your claim, you will receive a Notice of Award detailing your monthly benefit amount and any past-due benefits (back pay) owed from your application date or established onset date. For SSDI, back pay is calculated from the date you became disabled, but there is a five-month waiting period before benefits begin. For SSI, back pay is calculated from the month after you filed your application. Medicare eligibility for SSDI recipients begins 24 months after you start receiving benefits, while SSI recipients in California are immediately eligible for Medi-Cal. The SSA conducts Continuing Disability Reviews (CDRs) periodically, typically every 3 to 7 years depending on the severity of your condition and whether improvement is expected. You can work while on SSDI through the Trial Work Period (TWP), which allows you to test your ability to work for up to 9 months (not necessarily consecutive) within a 60-month rolling period without losing benefits. After the TWP, the Extended Period of Eligibility (EPE) lasts 36 months, during which you receive benefits for any month your earnings fall below the SGA threshold. The Ticket to Work program offers vocational rehabilitation and employment support without triggering a CDR. It is important to report all work activity and earnings to the SSA to avoid overpayments.
Frequently Asked Questions
Does California have any specific local laws or court rulings that affect social security disability claims in San Jose?
California does not have state laws that directly change federal SSDI or SSI rules, but the Ninth Circuit Court of Appeals, which covers San Jose, has issued rulings that benefit claimants. For example, the Ninth Circuit requires ALJs to give specific reasons for rejecting a treating doctors opinion, and it prohibits ALJs from relying on boilerplate language to deny claims. Additionally, California offers a State Disability Insurance (SDI) program that provides short-term benefits while you wait for an SSDI decision, and San Jose residents can apply for SDI through the Employment Development Department (EDD).
What are the typical costs and fees for hiring a social security disability lawyer in San Jose?
Social security disability lawyers in San Jose work on a contingency fee basis, meaning you pay nothing unless you win your case. The SSA caps the fee at the lesser of 25 percent of your past-due benefits or $7,200, as of 2025. For example, if your back pay is $20,000, the fee would be $5,000 (25 percent), but if your back pay is $40,000, the fee would be capped at $7,200. You may also be responsible for reasonable out-of-pocket costs, such as medical record fees (typically $10 to $50 per provider) or postage, but these must be disclosed upfront.
How long does the entire social security disability process take in San Jose, and what are the key steps?
The process from initial application to a final decision can take 18 to 36 months or longer in San Jose. The initial application takes 3 to 6 months for a decision, but most applicants are denied. Reconsideration adds another 3 to 5 months. If you request an ALJ hearing, the wait in San Jose is typically 14 to 18 months for a hearing date, followed by 2 to 4 months for a written decision. Appeals to the Appeals Council take 6 to 12 months, and federal court appeals can take 12 to 24 months. You must file each appeal within 60 days of the denial letter.