Atticus offers free, high-quality disability advice for Americans who can't work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and have helped over 10,000 Americans apply for disability benefits.
If you are a California worker applying for disability benefits, you have options. And while those options are good, they can sometimes feel overwhelming.
Aside from the more “permanent” Social Security disability benefits, the state of California is one of five states with a temporary disability program. Which program is right for you, how much you may earn, and your chances of getting approved for benefits can depend on your work history, your condition, and your income.
In this article, we’ll break down the benefit programs available to California residents. Then, we’ll walk through the disability application process, explain the payout you can expect, and estimate when you can expect it.
1. California Disability Insurance: Workers may qualify for California state disability insurance. This statewide short-term disability insurance program can last up to a year (52 weeks). To claim California SDI benefits, you must be unable to work due to a non-work-related illness, injury, or pregnancy.
There’s also a work history component. You have to have earned $300 dollars in wages during your 12-month “base period.” Your base period will also determine the amount of benefits you'll receive. Monthly, you’ll get 60-70% of your former monthly wages. The wage replacement amount is determined by your highest quarterly earnings during the “base period.”
Learn more about California short-term disability.
2. Social Security Disability Insurance (SSDI): SSDI supports Americans who can no longer work due to a medical condition. Generally if you’ve worked for five of the last 10 years, you qualify for SSDI (more on that below). The program is run through the Social Security Administration, and the amount you receive depends largely on how much you’ve paid into Social Security on your taxes.
3. Supplemental Security Income (SSI): If you haven’t worked enough, or worked recently enough to qualify for SSDI, you may qualify for SSI. It’s another federal program, and you use the same application to apply. SSI is only for individuals with very little income and very few assets and generally pays out less monthly than SSDI.
4. Long-term and short-term private disability insurance: If you or your employer purchased disability insurance before you became disabled — you can file a claim with the private insurer. These pay out a percentage of your former income — but the exact amount and duration of the benefit will depend on the policy.
5. Veterans disability benefits: If you served in the military and suffered an injury that left you unable to work, or you’re retired but have a medical condition as a result of your service, you should apply for disability benefits through Veterans Affairs. Learn more about how Atticus can help you with VA benefits in California.
If your condition or injury is work-related, you’ll apply for workers' compensation instead.
For much of the rest of this article, we’re going to largely focus on SSDI and SSI. Applying for California’s state disability benefits is generally pretty straightforward — and the California state website has a decent overview of it here. Many of the medical qualifications for California state disability are consistent with other disability programs — which we’ll cover in further detail below.
If you expect your disability to last more than a year, it’s in your best interest to apply for SSDI and SSI alongside the state program. That way, you aren't worried about what to do once your California disability insurance runs out.
It’s also frequently necessary to apply for SSDI and SSI when trying to qualify for other programs (like most long-term disability plans). Or, they’re advantageous to apply for in conjunction with other programs (like VA benefits).
Any medical condition or impairment that prevents you from working can qualify for disability. Your condition qualifies if it lasts longer than one year or could potentially lead to death.
The most common conditions to qualify in California were:
Mental disorders: 36.2%
Diseases of the musculoskeletal system: 28.4%
Diseases of the nervous system: 10.6%
Diseases of the circulatory system: 5.9%
Injuries: 3.8%
Neoplasms (cancers): 3.4%
Diseases of the Genito-urinary system: 2.5%
Endocrine nutritional and metabolic diseases: 2.0%
Congenital Abnormalities: 0.8%
Unknown: 1.8%
Infectious and parasitic diseases: 1.4%
Diseases of the digestive system: 1.4%
Diseases of the respiratory system: 1.2%
Diseases of the blood and blood-forming organs 0.2%
Diseases of the skin and subcutaneous tissue: 0.2%
Other: 0.2%
Among the mental disorders, the most common conditions are:
Depression, bipolar, and related disorders: 12%
Intellectual disorders: 8.4%
Schizophrenia spectrum and other psychotic disorders: 7.2%
If your condition is not listed, you can still apply for benefits. You’ll want to be diligent about gathering your medical records, regularly see a specialist for treatment, and explain on your application how your condition makes it impossible to work.
To qualify for SSDI benefits, you must:
Be under 67 years old.
Meet the requirements for “work credits” for your age. You can check your work credits by making an account at SSA.gov — but most people qualify if they’ve worked five out of the last 10 years.
More on SSDI eligibility here.
To qualify for SSI, you must:
Having very little in terms of assets like personal or retirement savings (less than $2,000 or less than $3,000 if you are married).
Have very little or no income from any source (generally less than 1,000 per month)
More on qualifying for SSI here.
You can apply for disability benefits with the help of a lawyer, or on your own. The application and supplementary documentation will require information on your work history, day-to-day functioning, and treatment history.
There are three ways to submit an application for disability benefits:
Apply through the SSA website
Apply by phone by calling (800) 772-1213
Apply in person at your local SSA office
If you’re applying without a lawyer, it’s generally helpful to apply at the SSA office. A Social Security claims agent cannot provide legal advice, but can advise you on how to answer the application questions accurately.
The disability application can be more than 30 pages and take hours to complete.
Here’s what you’ll need to do to submit an application:
Collect your records. This includes medical records, contact information for doctors, work history, education records, bank account information, and other documents.
Fill out and submit the application. When filling out the forms, be extremely clear and specific about your limitations and pain level while remaining realistic. It’s also critical to make sure that you’re consistent with your answers between forms, as they often ask similar questions.
Follow up with SSA right after you submit. Sometimes applications get lost, and the SSA has a lot of claims to get through. You’ll want to confirm they have received and are processing your application.
Respond to any requests from SSA immediately. They may ask for supplemental information or request that you see a SSA doctor. You will typically have 10 days to submit documentation.
If you’re working with a lawyer, they should fill out your application for you (the right way), and confirm receipt with the SSA. If you’d like more advice on how to fill out the initial application, or how you can find the right lawyer — Atticus can help with no upfront costs.
The Social Security Administration rejects approximately 70% of initial applications. Claimants can then file for reconsideration, which is typically 10% successful. The next stage of the appeal process is to request a hearing with an administrative law judge.
At a hearing, more than 50% of people win benefits — and your odds increase threefold if you work with a lawyer. We wrote at length about what to expect at a hearing and your chances of winning your appeal.
The length of time it takes to get benefits can vary. The SSA will reject most initial applications, and there are wait periods between the stages of the appeal process.
The time you wait for your hearing date depends on your SSA hearing office. The average wait in California, between requesting a hearing and appearing at one, is anywhere from 9 months to 15 months.
Office location | Wait time for a hearing |
---|---|
Fresno | 15 months |
Long Beach | 14 months |
Los Angeles (Downtown) | 14 months |
Los Angeles (West) | 12 months |
Moreno Valley | 14 months |
Norwalk | 9 months |
Oakland | 13 months |
Orange | 10 months |
Pasadena | 12 months |
Sacramento | 15 months |
San Bernardino | 9 months |
San Diego | 12 months |
San Francisco | 11 months |
San Jose | 11 months |
San Rafael | 10 months |
Santa Barbara | 16 months |
Stockton | 15 months |
Sending the SSA your documentation as soon as possible is the only way to speed up this process — so it’s important to meet deadlines, and get forms and medical records their way as fast as possible. Your lawyer can help you stay on track, and will call to confirm the SSA has all the information they need.
Sending the SSA your documentation as soon as possible is the only way to speed up this process — so it’s important to meet deadlines and get forms and medical records their way as fast as possible.
Your lawyer can help you stay on track and will call to confirm the SSA has all the information they need.
The California State Disability Insurance program provides partial wage replacement for up to 52 weeks. In 2024, the maximum weekly benefit is $1,620 per week.
The average monthly benefit for disabled workers in California was $1,524 per month. The maximum benefit possible in 2024 is $3,822.
It’s easy to learn exactly what you would qualify for by signing up for a mySocial Security account on SSA.gov or by using our benefits estimator.
We'll use the Social Security Administration's formula to estimate your monthly benefit.
Average
monthly check
$1,489
The maximum you can receive for SSI nationwide is $943 per month in 2024. The SSA will subtract any other regular monthly income from this amount. So if you make any additional income (stocks and investments, SNAP benefits, part-time work, etc.), that will be deducted from your monthly check.
The average monthly SSI payment in California is $578.62 per month.
When applying for disability benefits, a lawyer can save you from critical application missteps and weeks of paperwork.
It is crucial to have a lawyer in your corner at the hearing stage. An attorney will cross-examine vocational experts and help you make the best possible case before a judge.
Overall, applicants with a lawyer on their side are three times more likely to win benefits than those without, and more than 80% of applicants have legal representation at the hearing stage.
If you’re trying to vet for a disability lawyer on your own, ask these questions before choosing one:
Their primary area of practice: Confirm that they only take, or primarily take disability cases — so you know they’ll understand, and prioritize your case.
Reviews: Make sure you really read the content of the reviews. A few bad reviews here and there shouldn’t be cause for alarm — but keep an eye out for patterns. If you’re reading the same points over and over again, like “never calls me back” or “doesn’t show up at hearing” — this might not be a lawyer you can trust.
Location: Having a local lawyer could be good since they can know the local judges, and you yourself can get to know the lawyer personally. If you find a great fit that works nationally — see if they have a history of taking cases in your region.
Time practicing: You want to look for lawyers who have been working for a long time as there’s a higher chance of them already working on cases similar to yours. New lawyers can be good too, but they’re harder to vet without a legal background.
It can be challenging to suss out great lawyers from mediocre lawyers without a legal background. If you’d like to be matched with a lawyer who’s a great fit for your disability claim, Atticus can help (for free).
We’ve spent years vetting disability lawyers and have built a network of legal teams (chosen from the top 5% of firms). We trust them to treat our clients well and to win their cases. If you want our help evaluating the right disability lawyer for you, sign up here.
To qualify for disability you need to have a condition that prevents you from working for at least a year. You’ll also need to meet certain work history requirements (for SSDI) or be within certain income limits (for SSI). For more on these requirements, read our full write up here.
Any condition that will prevent you from working for a year or more can qualify for disability benefits. Some of the most common conditions include musculoskeletal disorders, mental disorders, nervous system diseases, and circulatory system diseases. See our full list of conditions that qualify here.
It takes an average of 6.1 months to get an initial disability decision in California. Most people who apply are initially rejected, and need to appeal this decision. If you appeal and go to a hearing, the process takes around two years on average. Read more: How Long It Takes to Get Approved for Disability Benefits
The average SSDI payment in California is $1,395.93 per month. The average SSI payment is $765.06 per month. What you’ll earn is dependent on your income, or the amount you’ve historically paid into the Social Security program. Read more on what amount you can expect.
Answer the application questions truthfully, consistently, and succinctly. You should also ensure that you gather and submit all your medical records with your application. The SSA paperwork can be complicated, so our legal team has written a full guide to the application here.
Yes, California is one of the five states with its own state disability program. Residents can apply for California Disability Insurance, which offers payments for up to 52 weeks (one year). Work injuries aren’t covered, though. If your injury will keep you out of work longer, you can still apply for SSDI and SSI. Read more about the difference between SSDI and SSI here.
How long has your condition made it hard to work?
Jackie Jakab
Lead Attorney
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