CALIFORNIA · DISABILITY LAWYER IN SAN JOSE, CALIFORNIA

Disability Lawyer in San Jose, California

San Jose residents file SSDI and SSI claims through the San Jose SSA field office and appeal at the San Jose OHO — both in the same downtown federal building. Our team knows them well.

  • No fees unless we win!!!
  • Serving all of CA
  • Free initial consultation
  • Phone, video, or in-person or email

Last updated 20260701

Key Facts

Our San Jose, CA SSD Practice


Office Address
548 Market Street Suite 38822 San Francisco, CA 94104-5401
Serving
Sunnyvale, Mountain View, Cupertino, Santa Clara, Milpitas, Campbell
Nearest SSA Field Office
280 S. First St, Room 244, San Jose, CA 95113
Nearest OHO Hearing Office
Robert F. Peckham Federal Building, 280 S. First St, Room 330, San Jose, CA 95113
Consultation
Free initial consultation by phone, video, or in-person.
Fee
25% of back pay, capped at $9,200 by the SSA. No fees unless we win.

Filing for Disability in San Jose, California? Start With a Free Case Review.

Our fee is 25% of your back pay, capped at $9,200 by the SSA. You pay nothing unless we win.

How a San Jose Disability Lawyer Helps You Win Benefits 

A San Jose disability lawyer builds the medical evidence record SSA requires, challenges denials at every level of review, and stands with you before the Administrative Law Judge who makes the final call on your case. The Social Security Administration denies roughly 65% of initial applications, and most claimants who eventually win do so after at least one appeal. Representation that starts at the application stage, not just when a hearing is scheduled, produces more complete claims and stronger outcomes throughout the process. 

A clarification that matters in San Jose’s legal market: SSDI and SSI are federal Social Security programs administered by the SSA. They are entirely different from workplace disability discrimination claims (governed by the ADA and California’s FEHA), and from private employer long-term disability insurance disputes (governed by ERISA). Several firms ranking for “disability lawyer San Jose” specialize in those other practice areas. Sackett Law handles Social Security disability if SSA is denying or reviewing your claim, we’re the right fit. Here’s what that representation covers: 

Initial application. We gather your medical records, work history, and treating physician statements before the claim is filed. An incomplete application is the most preventable cause of early denial. We make sure SSA receives a complete evidentiary file from day one. 

Reconsideration. If SSA denies your initial claim, you have 60 days from the notice to request reconsideration. A different examiner reviews the file. Approval rates at this level run roughly 10–15%, but the reconsideration record feeds directly into your hearing file, and we use it to strengthen the ALJ stage. 

ALJ hearing. This is where most cases are won. You appear before an Administrative Law Judge, typically with a vocational expert present, and we present your case, prepare your testimony, and cross-examine the VE on what jobs SSA claims you can still perform. Approval rates at the hearing level average 45–55% nationally. 

Appeals Council. If the ALJ rules against you, we can request review within 60 days. The Council may reverse, remand, or deny review, and denial opens the path to federal court. 

Federal court. District Court review of the administrative record is the final appeal option. We evaluate every ALJ denial for procedural and legal errors that support remand or reversal. 

SSDI vs. SSI: Which Benefit Applies to You? 

SSDI and SSI are both federal disability programs run by SSA, but they have different eligibility rules and serve different populations. Getting the right one identified early prevents filing errors and ensures you don’t miss benefits you qualify for. 

Feature  SSDI  SSI 
Eligibility basis  Work history and FICA tax contributions  Financial need — income and assets 
Work credits required  Yes, typically 40 credits, 20 earned in last 10 years  No 
Income and asset limits  No asset test; SGA earnings limit applies ($1,690/mo for non-blind in 2025)   Yes, strict income and asset limits apply 
Monthly benefit amount  Based on your earnings record; average approx. $1,634–$1,816/mo  Federal benefit rate: $994/mo in 2026; California state supplement increases this for SJ residents 
Health insurance  Medicare, eligible after 24 months of SSDI benefits  Medi-Cal (Medicaid), typically automatic in California 
Waiting period  5-month waiting period before benefits begin  Benefits can begin the month after application approval 

Social Security Disability Insurance (SSDI) 

SSDI pays monthly benefits to workers who become too disabled to hold a job, funded by the Social Security taxes paid throughout your career. If you’ve worked in the U.S. and contributed to the system, you’ve earned this protection. Eligibility generally requires 40 work credits, approximately 10 years of covered employment, with at least 20 credits earned in the 10 years before your disability began. Your monthly benefit is calculated from your lifetime earnings record, which is why long-tenure workers typically receive higher SSDI payments. 

An important detail for Silicon Valley claimants: SSDI coverage expires after extended periods out of the workforce. Your Date Last Insured (DLI) is the cutoff date by which your disability must have begun. If you left employment years ago, including periods of unpaid caregiving, health-related work breaks, or transitions out of the tech workforce, your DLI may have passed. We determine your DLI in the first consultation and establish the earliest defensible onset date before doing anything else. 

Supplemental Security Income (SSI) 

SSI is a need-based program with no work history requirement, available to disabled individuals with limited income and resources. In 2025, the federal benefit rate is $994/month. California supplements the federal SSI rate through the California State Supplement Program (SSP), which means San Jose residents receive more than SSI claimants in most other states. In a region with Santa Clara County’s cost of living, that supplement is meaningful and it’s added automatically with no separate application. 

SSI has strict asset limits. In 2026, you generally cannot hold more than $2,000 in countable assets ($3,000 for couples). Your primary home and one vehicle are typically excluded. For Silicon Valley residents, where compensation structures often include unvested stock options, restricted stock units, deferred compensation, and retirement accounts, determining what counts as an asset under SSA’s rules requires careful analysis before filing. Getting this wrong at the application stage can result in a technical denial that has nothing to do with your medical condition. 

The Disability Claims and Appeals Process in California 

SSA uses a five-step sequential evaluation to decide every SSDI and SSI claim. The stage you’re at when you contact us determines how we approach the case, what evidence we prioritize first, and how much time we have before the next deadline. 

  1. Initial Application. Filed with SSA online, by phone, or at a San Jose field office. California’s Disability Determination Services (DDS) evaluates the medical evidence. Processing typically takes 6–8 months. Approval rate at this stage is approximately 30–35%. Our role: assemble a complete evidentiary record before submission so DDS has no factual grounds for a medical denial. 
  1. Reconsideration. You have 60 days from the denial notice to request reconsideration (plus 5 days for mailing). A different DDS examiner reviews the file with any new evidence submitted. California reconsideration approval rates run roughly 10–15%. Our role: submit updated medical documentation, RFC opinions from treating providers, and a written brief addressing each stated denial reason. 
  1. ALJ Hearing. You have 60 days from a reconsideration denial to request a hearing. San Jose-area hearing wait times currently range from 8–18 months after the request is filed . Approval rates average 45–55% nationally, and represented claimants consistently outperform unrepresented ones. Our role: prepare your testimony, cross-examine the vocational expert, and argue that your functional limitations prevent all sustained work. 
  1. Appeals Council. If the ALJ denies your claim, you have 60 days to request Appeals Council review. The Council reviews for legal and procedural error. Processing can take 6–12 months or longer. Our role: identify errors in the ALJ’s written decision and file a targeted brief for remand. 
  1. Federal District Court. If the Appeals Council denies review, you can file in the Northern District of California within 60 days. The court reviews whether SSA’s decision was supported by substantial evidence. Our role: litigate the administrative record and argue for reversal or remand. 

How to Apply for Disability Benefits in San Jose 

San Jose claimants can file an SSDI or SSI application three ways. Online at SSA.gov is the fastest; the process walks through the SSA-3368 Adult Disability Report, the SSA-3369 Work History Report, and allows document uploads. By phone at 1-800-772-1213, an SSA representative takes your information and schedules a follow-up appointment. In person at a San Jose SSA field office. See the office list below. 

Before filing, gather: your Social Security number and birth certificate, your complete work history for the past 15 years (employer names, addresses, dates, and job duties), contact information for all treating physicians and medical facilities in the Santa Clara County healthcare network: Kaiser Permanente San Jose, Stanford Health Care, Regional Medical Center, Santa Clara Valley Medical Center, or wherever you’ve received treatment, a list of all medications with dosages, and any prior SSA application records. 

Silicon Valley claimants with complex employment situations, such as those with gaps in work history, multiple employers, contract or gig work, or periods working abroad, should review the work-history requirements with an attorney before filing. The SSA-3369 is the form where errors in work-history reporting most often create avoidable complications. If you retain Sackett Law before filing, we complete and review all required forms, request medical records directly using SSA Form SSA-827, and submit the application with a complete supporting package. Most claimants who file without representation miss the functional-limitation documentation that is the most important factor in an initial approval. 

What Happens at a Disability Hearing in San Jose 

An ALJ hearing is a formal administrative proceeding, typically 45–75 minutes, held at the San Jose Office of Hearings Operations located at Robert F. Peckham Federal Building 280 South 1ST ST RM 330 San Jose, CA 95113-3005. The judge asks about your work history, daily activities, and medical conditions. A vocational expert attends in almost every case. Their role is to identify jobs SSA believes someone with your limitations can perform. Our role is to challenge that testimony when the identified jobs fail to account for your actual functional restrictions. 

Some Bay Area hearings are now conducted by video. We prepare you for both formats. In the weeks before the hearing, we walk through the complete file, prepare you for the judge’s likely questions, and address anything in the record that needs preemptive clarification. The ALJ hearing is where the majority of successful claims are decided, so thorough preparation is not optional. 

San Jose SSA Field Offices and Hearing Locations 

Disability Advocates Group, the only other competitor with a dedicated San Jose SSDI page,  lists local SSA offices on their San Francisco page but not on their San Jose page. Here’s the complete office information for Santa Clara County claimants. 

San Jose SSA Field Office 

Address: 280 S. First St. RM 244 San Jose, CA 95113; 2500 Fontaine Rd. San Jose, CA 95121; 6140 Cottle Rd. San Jose, CA 95123 

Phone: 1-800-772-1213 (national SSA line)

The San Jose SSA field office handles initial applications, reconsideration requests, benefit verification, and in-person service for Santa Clara County claimants. Bring photo ID, your Social Security card, and all documents related to your claim. Appointments are strongly recommended because walk-in wait times at the San Jose office vary significantly. Schedule online at SSA.gov or by calling the national line. 

If you are represented by Sackett Law, most field-office interactions can be handled by our team without requiring you to appear in person; we notify you when your presence is specifically required. 

San Jose Disability Hearing Office (ODAR) 

Address: Robert F. Peckham Federal Building 280 South 1ST ST RM 330 San Jose, CA 95113-3005

Phone: 1-800-772-1213 

If your reconsideration has been denied, your attorney files a Request for Hearing (Form HA-501) with the San Jose OHO. This office assigns your case to an Administrative Law Judge and schedules your hearing date. Current hearing wait times in the San Jose region range from 8–18 months after the hearing request is filed . We file the request immediately after every reconsideration denial and monitor your queue position throughout the wait. 

California Disability Benefits: How State SDI Interacts with Federal SSDI 

California is one of only five states with a state-administered short-term disability program. No San Jose competitor, not LaPorte, not Roeschke, not Disability Advocates Group, explains how it works alongside federal SSDI. For Silicon Valley claimants navigating both programs at the same time, that gap creates real confusion and missed coordination opportunities. 

Here’s the key distinction. California State Disability Insurance (SDI) is administered by the state Employment Development Department (EDD). It pays approximately 60–70% of your weekly wages for up to 52 weeks. It runs on employee payroll deductions and operates entirely separately from SSA. Federal SSDI is a permanent program requiring your condition to last at least 12 months. 

The two programs can run simultaneously, and the interaction matters for San Jose claimants in specific ways: 

  • SDI bridges the SSDI waiting period. Federal SSDI requires a 5-month waiting period before benefits begin. If your California SDI claim is active during that period, SDI payments can fill the gap while your SSDI application is pending. In Santa Clara County, where monthly costs are among the highest in the country, bridge payment can be the difference between maintaining housing and not. 
  • Simultaneous filing is allowed. You can file for SDI with EDD and SSDI with SSA at the same time. The agencies evaluate disability independently and one result doesn’t bind the other. 
  • SDI records build the SSDI case. Your SDI file contains treating physician documentation that we regularly request and use as part of the federal SSDI evidentiary record. EDD’s SDI records are often more detailed than private-provider records for the same condition. 
  • Silicon Valley tech workers face unique SDI situations. If you’ve been working on a W-2 basis, SDI contributions appear as a line item on your California pay stub (marked “CA SDI”). If you’ve been working as an independent contractor (1099) you may not have been contributing to SDI, which affects bridge-payment availability. If your compensation included significant equity (RSUs, options) that was vesting when you stopped working, the SDI wage calculation may be complex. We work through these scenarios in the first consultation. 
  • Employer LTD is not SDI. Many Silicon Valley employers provide private long-term disability insurance as a benefit. That private LTD policy is governed by ERISA, entirely different from both SDI and SSDI. Having private LTD coverage doesn’t prevent you from filing for SSDI, but coordination of benefits rules between LTD and SSDI can affect how much you ultimately receive from each. If both programs apply to your situation, discuss the offset rules with us before filing. 

For the complete breakdown, see: how California SDI works with federal SSDI benefits. 

Why San Jose Disability Claims Get Denied — And How to Avoid It 

A denial tells you specifically what SSA found insufficient in your file. Understanding the reason is the first step toward addressing it. These are the most common causes of SSDI and SSI denials for San Jose and Santa Clara County claimants and what we do about each one. 

  1. Insufficient medical evidence. SSA needs documented functional limitations, not just a diagnosis. If your treating provider’s records don’t describe how long you can sit, stand, concentrate, or maintain a consistent schedule, or how often your condition produces flare-ups, bad days, or hospitalizations, SSA fills that gap with its own Consultative Examination (CE). A one-time CE consistently understates real limitations. We work with your treating providers at Stanford Health Care, Kaiser, Santa Clara Valley Medical Center, or wherever you receive care to produce detailed RFC (Residual Functional Capacity) opinions before your claim is evaluated. 
  1. Earnings above the SGA threshold. If your earnings exceed SSA’s Substantial Gainful Activity limit during the claimed disability period, SSA stops the evaluation at Step 1 without reviewing your medical file. In Silicon Valley, where hourly rates, even for part-time or consulting work, can be high, the SGA threshold is a practical issue we identify and address before filing. 
  1. Failure to follow prescribed treatment. SSA can deny your claim when you’re not following your doctor’s treatment recommendations without good cause. When the reason is cost, access, or side effects, those reasons must be documented. We identify treatment gaps early and ensure the explanations are in the record. 
  1. Condition doesn’t meet the 12-month duration requirement. SSA requires your condition to have lasted or be expected to last at least 12 months. For chronic or progressive conditions, we document the expected trajectory with longitudinal medical evidence that establishes duration before SSA makes its own determination. 
  1. Insufficient work credits (SSDI only). Silicon Valley’s workforce includes significant numbers of people with non-traditional work histories, periods abroad, extended contracting arrangements, employment at startups with complex compensation structures. If your covered earnings under Social Security are thinner than expected, SSDI credit eligibility may be an issue. We assess credits in the first consultation. 
  1. SSA’s RFC assessment underestimates your limitations. SSA performs its own RFC assessment based largely on a single consultative exam. That evaluation ignores the longitudinal clinical picture from your treating providers. We challenge inadequate RFC findings with opinion evidence from the physicians who have actually managed your care. 
  1. Vocational expert testimony goes unchallenged. At ALJ hearings, VEs identify jobs they claim claimants can perform. Many of those job descriptions use occupational data that doesn’t reflect how those jobs actually work in the current economy. In the Silicon Valley context, we also challenge VE testimony when the identified jobs require technology skills, cognitive demands, or attendance reliability that your limitations eliminate. We cross-examine on job demand accuracy and actual current availability. 
  1. Missed appeal deadlines. You have 60 days, plus 5 days for mail, at every stage to file the next appeal. Miss that deadline and you typically must start over from scratch, losing back pay owed from the original filing date. We track every deadline from the first call. 

For a breakdown by condition and claim stage, see: common reasons SSDI claims are denied in California. 

How Much Does a Disability Lawyer Cost in San Jose? 

Social Security disability lawyers work on contingency: you pay nothing unless you win. Fees are capped by federal law at 25% of your back pay, with a maximum dollar amount of $9,200 set annually by SSA. SSA reviews and approves every fee before payment is made. If we don’t win your case, you owe nothing in attorney fees. 

Both LaPorte Law Firm and Roeschke Law cover attorney fees in their San Jose competitor content, but here’s the detail that matters. Back pay is the benefits owed from your established disability onset date to the date SSA approves your claim. If SSA takes 20 months to process your case and your monthly benefit is $1,800, your back pay is substantial. Our fee is 25% of that lump sum only, your ongoing monthly benefit payments are not reduced in any way. 

  • Costs and fees are separate. Attorney fees are distinct from out-of-pocket case costs, medical records retrieval, filing fees, and expert witness fees if needed. Case costs are billed separately at actual cost, not marked up, and we discuss likely costs transparently at the beginning of representation. 
  • SSA handles fee disbursement. Your contingency agreement is filed with SSA. SSA withholds the attorney fee from your back pay and sends it directly to our firm. You don’t write us a check. 
  • No upfront retainer. Representation starts with no payment from you. The free case review costs nothing, and attorney fees are only collected from your back pay if your case is resolved in your favor. 

What Happens When You Hire Sackett Law: Our Process 

LaPorte Law Firm, the most established SSDI firm in this SERP, offers a “30-minute free consultation call” and lists broad service categories. Here’s the actual step-by-step process for a San Jose SSDI or SSI case with Sackett Law, with the specific detail that helps you understand what changes when you have an attorney. 

  1. Free case review. We review your denial notice, medical history, and work record at no charge. You receive an honest assessment of where your case stands, what the realistic paths forward are, and whether we believe representation would change your outcome. If we don’t think we can improve your case, we’ll say so and point you toward the right resource, including LaPorte if their specific practice model is a better fit for your situation. 
  1. Records gathering and case strategy. Once you retain us, we send medical authorization forms (SSA Form SSA-827) to every treating provider in your history including Stanford, Kaiser, SCVMC, community health centers, mental health providers, and anyone else with relevant records. We build the complete clinical picture before SSA has a chance to review an incomplete file. [NEEDS DATA: confirm Sackett’s specific records intake timeline] 
  1. Application filing or appeal preparation. We prepare every submission: SSA-3368, SSA-3369, RFC questionnaires from treating providers, and a legal brief if your case is at reconsideration or hearing level. Every document is reviewed by a licensed attorney before it leaves our office. [NEEDS DATA: confirm Sackett’s review and filing workflow] 
  1. Hearing representation. We attend your ALJ hearing with you. In the weeks before, we prepare your testimony for the judge’s specific questions, review the complete file for anything that needs preemptive attention, and walk through the hearing format so nothing surprises you. At the hearing, we present your case, cross-examine the vocational expert, and respond to the ALJ. You are not in that room alone. 
  1. Ongoing benefit protection. Winning the case doesn’t end our involvement. If SSA schedules a Continuing Disability Review (CDR), periodic verification of continued eligibility, we advise on how to respond and what documentation to prepare.  

Qualifying Medical Conditions in California 

SSA evaluates disability under two frameworks. The Listing of Impairments (the Blue Book) contains specific conditions that automatically meet SSA’s disability standard when all medical criteria are satisfied. For conditions that don’t precisely fit a Listing, the Medical-Vocational Guidelines (Grid Rules) weigh your RFC against your age, education, and work history to determine whether any jobs exist that you can still perform at a sustained level. 

LaPorte Law Firm, the strongest direct competitor in this SERP, doesn’t cover qualifying conditions despite their otherwise deep content. Sackett’s hub-and-spoke approach fills that gap directly, connecting the San Jose service page to condition-specific resources for the conditions San Jose and Silicon Valley claimants most commonly face. 

Physical Impairments That Qualify 

Physical conditions that regularly support approved SSDI and SSI claims include musculoskeletal disorders (degenerative disc disease, joint impairments, spinal stenosis, repetitive-stress injuries that are particularly common in tech and manufacturing work), cardiovascular conditions (congestive heart failure, ischemic heart disease, arrhythmias), respiratory impairments including COPD and pulmonary fibrosis, neurological conditions including epilepsy, multiple sclerosis, and neuropathy, and cancer, including cases qualifying for SSA’s Compassionate Allowance fast-track. Autoimmune disorders, HIV-related conditions, kidney disease, and diabetes with serious systemic complications also appear regularly in approved Santa Clara County claims. 

For tech and office workers, a large portion of the San Jose claimant population, the RFC arguments often focus on cognitive limitations, sustained concentration, and attendance reliability rather than physical lifting or walking capacities. We document these functional dimensions in the specific format SSA’s evaluation framework requires. 

Mental and Psychological Conditions 

Mental health conditions represent a significant share of San Jose’s SSDI caseload and a disproportionate share of denials. SSA evaluates mental impairments under the Paragraph B criteria: four functional domains covering understanding and memory, sustained concentration and persistence, social interaction, and adaptation to a work setting. The documentation gap is consistent: treating providers record diagnoses and medication histories, but not the day-to-day functional observations that SSA’s framework specifically requires. 

Conditions that regularly support approved mental health disability claims include major depressive disorder, bipolar disorder, PTSD, schizophrenia spectrum disorders, generalized anxiety disorder, and autism spectrum disorder in adults. Silicon Valley’s tech workforce has a statistically elevated incidence of anxiety disorders, burnout-related depression, and ASD diagnoses, conditions that, when properly documented, frequently support SSDI approval. We work with your treating psychiatrist or psychologist to produce detailed Paragraph B function reports that translate clinical observations into SSA’s evaluative framework. 

For condition-specific information, see our pages for mental illness disability claims. 

Client Results and Testimonials 

I highly recommend Sackett Associates to anyone who needs an SSD law firm to help win their social security disability benefits case. Like many claimants, when I found myself unable to work my old job (for the past twenty plus years in my case) due to my health, I felt frightened, sad, depressed, and lost. A google search led me to Sackett and Associates. I can truly say it was divine intervention. Mr. Sackett and his paralegals – Maria and Alicia, along with the other office workers like Lisa, are all beyond wonderful. They brought hope to my life from the very first phone call, and they exhibited deep commitment, dedication, and professionalism throughout the process. They valued every bit of my time-each conversation they had with me and each document they requested from me was necessary and useful. Every piece of evidence presented to the ALJ and every question asked by Mr. Sackett during the hearing was effective and well-researched. After waiting nearly a year and a half for the hearing (yes you do have to wait for about two years most of the time), I had a fully favorable decision by ALJ one month from the hearing date! This wasn’t luck, rather, it was the result of the firm’s preparedness, experience, and detailed work behind the scenes. Each claimant’s situation is different, also as claimants we must do our part to get all the necessary medical treatments and fill out the paperwork the best we can. But beyond that, you owe it to yourself to hire Mr. Sackett, a compassionate and experienced advocate for disabled people. He alongside with his excellent team will fight on your behalf in the court.  And, like me, you will be so glad you did!   

Nelly C – San Francisco, CA 

My first time doing this: My case lasted approx. 2.5 years, so I don’t even recall how I came in contact with Mr. Sackett and his law firm, but I’m very pleased that I did. After a couple setbacks (my health and the initial denial), Mr. Sackett and his office staff have been with me the entire time. He never gave up and he never quit believing in my issues and my case and in the end, he delivered a positive outcome for me and I will be forever grateful. Thankfully I don’t have to go through this process again, but if I can pass on Mr. Sackett’s contact information to a friend or loved one who could use these types of services, I wouldn’t hesitate to provide it. 

Christina S – San Francisco, CA 

The team is great accessible and easy to work with. It’s a team helping you, not a person. Thank u everyone who helped me because I don’t know where I would be without your help. I have heard of people with bad representation, and I direct to you if still suffering. 

Sergio C – Sunnyvale, CA 

Past results do not guarantee a similar outcome. Every disability case is different. Results depend on the facts, medical evidence, and applicable law in each individual case. 

San Jose and Silicon Valley Communities We Serve 

Sackett Law serves disability claimants throughout San Jose and Silicon Valley. We represent clients from across San Jose’s neighborhoods, including Downtown, Willow Glen, Almaden, Evergreen, West San Jose, East San Jose, Berryessa, Alum Rock, Rose Garden, and others, as well as the full Santa Clara County technology corridor and surrounding communities listed below. 

Silicon Valley / Santa Clara County: 

  • Sunnyvale 
  • Mountain View 
  • Cupertino 
  • Santa Clara 
  • Milpitas 
  • Campbell 
  • Los Gatos 
  • Saratoga 
  • Los Altos 
  • Gilroy 
  • Morgan Hill 

Adjacent areas: Fremont and southern Alameda County, Santa Cruz County communities (if within Sackett’s service area) 

While our physical office is located at 548 Market St. Suite 38822 San Francisco, CA 94104, most of our client communication takes place by phone and video.  Distance within the service area is not an obstacle to representation, so geography within the Silicon Valley/ Santa Clara County is not an obstacle to representation.   

For representation in other Bay Area cities, see: disability lawyer San Francisco, disability lawyer Oakland, and disability lawyer San Mateo. 

Harvey Peter Sackett has represented Social Security Disability claimants exclusively since 1980, handling approximately 15,000 cases and 10,000 ALJ hearings across California, along with roughly 100 appeals before the U.S. Court of Appeals for the Ninth Circuit.

He holds a B.A. from The Ohio State University and a J.D. from Western State College of Law, and is admitted to the State Bar of California [VERIFY: admission year and license number] and to every federal district court in California (N.D., E.D., C.D., and S.D. Cal.), the U.S. Court of Appeals for the Ninth Circuit, and the United States Supreme Court.

Within the disability bar, Harvey has served as Past Co-State Chairperson of the National Organization of Social Security Claimants’ Representatives (NOSSCR) and Past Chairperson of the Santa Clara County Bar Association Committee on Social Security Law. He has presented at NOSSCR national conferences from 1982 through 2008 on vocational expert cross-examination, EAJA and Section 406(b) attorney’s fees, and federal appellate brief writing, and taught Administrative Agency Representation at the University of Santa Clara Institute for Paralegal Education from 1985 to 1987.

Sackett Law’s practice is dedicated to Social Security Disability. We don’t handle employment discrimination, workers’ compensation, personal injury, or ERISA insurance disputes — unlike several firms ranking alongside us for San Jose disability queries. That focus means every attorney and advocate on our team works in the same hearing office, faces the same set of vocational experts, and builds on the same institutional knowledge of how Santa Clara County’s DDS and OHO process claims. 

Request a Free Case Review — San Jose Disability Lawyer 

If you’ve been denied SSDI or SSI benefits, or if you’re considering filing for the first time,  contact Sackett Law for a free case review. We’ll assess your claim, explain your realistic options, and tell you what it would take to build a winning case. No obligation. No upfront cost. No fee unless we win. 

While our physical office is located at 548 Market St. Suite 38822 San Francisco, CA 94104, most of our client communication takes place by phone and video.  Distance within the service area is not an obstacle to representation, so geography within the Silicon Valley/ Santa Clara County is not an obstacle to representation.   

Phone: 1-800-913-3000
Hours: 9:00am-5:00pm
Serving: San Jose, Silicon Valley, and Santa Clara County

Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Every disability case is different. For advice about your specific situation, contact a qualified Social Security Disability attorney or representative. Prior results do not guarantee a similar outcome. 

 

Your Legal Team

Meet Your Disability Lawyer in San Jose, California Attorneys

ME

Michael T. Harrington, Esq.

Reviewer

Licensed Texas attorney

FAQs

Frequently Asked Questions

City-specific questions only. General SSDI vs SSI questions live on the Florida state page. Ask your own question →

How much does it cost to hire a disability lawyer in San Jose?
Hiring a disability lawyer in San Jose costs nothing upfront. Social Security disability attorneys work on contingency, so you pay only if you win. The fee is capped by federal law at 25% of your back pay, with a maximum dollar amount of $9,200 set annually by SSA. SSA approves the fee and deducts it directly from your back pay before disbursing your award. Both LaPorte and Roeschke confirm this structure, and so do we. If we don't win your case, you owe nothing in attorney fees. 
How long does it take to get SSDI approved in California?
Initial applications in California typically take 68 months for a decision. If denied and you request a hearing, San Jose-area wait times currently range from 8–18 months after the hearing request is filed. Total time from initial application to an approved hearing decision can be 18–36 months or longer. Filing early with a complete, well-documented application, and having representation that prevents avoidable denials reduces the overall timeline. 
What's the difference between SSDI and SSI?
SSDI is based on your work history and Social Security taxes paid during employment, a benefit you earned. SSI is need-based, available regardless of work history, but subject to strict income and asset limits. California's state supplement increases SSI payments above the federal rate, which matters in Santa Clara County's cost-of-living environment. You may qualify for one or both programs depending on your work record and financial situation. 
Can I work while applying for disability in California?
You can work while applying, but earnings cannot exceed SSA's Substantial Gainful Activity threshold of $1,690. Check SSA.gov for the current year's amount. In Silicon Valley, where even part-time or consulting work can produce high hourly earnings, the SGA calculation needs a careful review before you file. See: working while applying for disability in California. 
What should I do if my San Jose disability claim is denied?
File an appeal within 60 days of your denial notice. This deadline is firm Missing it typically means starting over from scratch and losing back pay owed from the original filing date. A first denial is not the end of your case. Most San Jose claimants who ultimately win do so at the ALJ hearing stage. Contact us as soon as you receive a denial so we can review the notice and advise before the deadline. 
Do I need a lawyer to apply for SSDI, or only for appeals?
You don't legally need a lawyer for an initial application, but representation from the start produces a more complete, better-documented claim. Most denials stem from evidentiary gaps, like missing RFC opinions, incomplete work histories and under documented functional limitations, that a lawyer would have addressed before filing. At the hearing stage, representation is strongly advised. The ALJ process involves legal arguments, vocational expert cross-examination, and procedural rules that are difficult to navigate without experienced SSDI counsel. 
How is California SDI different from federal SSDI?
California State Disability Insurance (SDI), administered by EDD, is a short-term program paying partial wages for up to 52 weeks. Federal SSDI is a permanent program requiring a condition lasting at least 12 months. SDI can bridge the 5-month SSDI waiting period. For Silicon Valley tech workers, employer-provided LTD policies (ERISA) adds another layer; LTD and SSDI can both be active simultaneously, but offset rules affect how benefits interact. See: how California SDI works with federal SSDI benefits. 
Where is the San Jose Social Security office?
San Jose has at least one SSA field office serving Santa Clara County claimants located at: 280 S. First St. RM 244 San Jose, CA 95113; 2500 Fontaine Rd. San Jose, CA 95121; 6140 Cottle Rd. San Jose, CA 95123. For ALJ hearing-level appeals, contact the San Jose Office of Hearings Operations located at Robert F. Peckham Federal Building 280 South 1ST ST RM 330 San Jose, CA 95113-3005. SSA's national line is 1-800-772-1213 — enter your zip code to reach the nearest local office. 
What medical conditions qualify for disability in California?
SSA evaluates all medically determinable physical and mental impairments. Commonly approved conditions include musculoskeletal disorders, cardiovascular disease, COPD, neurological conditions, mental illness including depression and PTSD, cancer, and diabetes with serious complications. For Silicon Valley tech workers, cognitive limitations, anxiety disorders, and ASD are increasingly common bases for claims. The condition is only part of the analysis, how your limitations prevent sustained work is what SSA ultimately evaluates. 
How long will my SSDI hearing take in San Jose?
ALJ hearings at the San Jose Office of Hearings Operations typically last 45–75 minutes. Cases with multiple complex impairments, disputed vocational expert testimony, or additional expert witnesses may run longer. You'll receive advance written notice of your scheduled date. We meet with you in the weeks before to prepare your testimony, walk through the file, and make sure you're ready for everything the hearing involves. 

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