LaPorte Law Firm
More than 40 years of disability-only practice; founder Terry LaPorte has over 45 years of SSDI experience and multiple awards for disability advocacy.
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SSDIAppeals
Updated May 21, 2026
Social Security denied most first-time disability claims, and San Jose is no exception. If you cannot work because of a medical condition, an SSDI or SSI lawyer guides you from application through the appeal levels, including a hearing at the San Jose Social Security hearing office. The fee is set by federal law and only paid if you win. Below are vetted San Jose disability firms and plain-English answers on the process, timeline, and cost.
Both are federal Social Security disability programs, but they are funded and qualified differently. SSDI (Social Security Disability Insurance) is for people who worked and paid Social Security taxes long enough to be "insured"; your benefit is based on your earnings record. SSI (Supplemental Security Income) is need-based for people with very limited income and resources, regardless of work history. Some San Jose claimants qualify for both. California also adds a State Supplementary Payment (SSP) on top of federal SSI, so the monthly amount here is higher than the federal floor. A disability lawyer figures out which program fits and files accordingly.
Social Security denies the majority of initial claims nationwide, often for missing medical evidence rather than because the person is not disabled. The agency wants objective proof — records, test results, treating-doctor opinions — that your condition keeps you from doing substantial work. A San Jose disability lawyer's main job early on is building that medical record and framing your limitations in the terms Social Security actually uses. Denials are normal; they are not the end of the road.
If you are denied, you generally move through four stages: reconsideration, a hearing before an Administrative Law Judge, the Appeals Council, and finally federal court. The ALJ hearing is where most cases are actually won, because it is the first time a human judge looks closely at your file and hears from you directly. Hearings for the area are handled through the Social Security Office of Hearings Operations serving San Jose and Santa Clara County. Having a representative who knows that office, prepares you to testify, and questions the vocational expert makes a real difference.
Patience is part of the process. An initial decision often takes about 6 to 8 months. Reconsideration adds several more months. If you need an ALJ hearing, the wait from request to hearing has commonly run a year or more, though it varies. The whole journey from application to a hearing decision can stretch past two years in tougher cases. Back pay is calculated from your established onset date, so the wait does not erase what you are owed if you win.
Disability representation is contingency-based and capped by federal law, so San Jose lawyers charge the same way everyone does nationally. The fee is 25% of your past-due benefits (back pay) or a cap set by the Social Security Administration — currently $9,200 — whichever is less, and it is only paid if you win. You owe no hourly fee, and if there is no back pay there is usually no fee. Small case costs for ordering medical records may apply. Because the fee comes out of back pay and only if you succeed, there is little financial downside to being represented through the appeal levels.
These firms are profiled in full, with practice focus and recognition, in our Top 10 Disability Lawyers in San Jose guide. Each is a real, independently listed CA firm.
More than 40 years of disability-only practice; founder Terry LaPorte has over 45 years of SSDI experience and multiple awards for disability advocacy.
Founding attorney Kiel J. Roeschke is a member of the National Organization of Social Security Claimants' Representatives, handling SSDI, SSI, and federal appeals.
A high-volume California disability practice with San Jose intake, handling initial filings, reconsiderations, and ALJ hearings.
A national disability advocacy firm with more than 50 years winning Social Security cases, serving the San Jose area on a no-fee-unless-you-win basis.
More than 40 years and 425,000+ clients helped nationwide, sending a representative to attend hearings when needed, including the San Jose office.
A California-licensed attorney focused on SSDI and SSI claims with a solo, hands-on approach to clients in the San Jose area.
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