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Q: Do I need Long-term Disability insurance if there is Social Security Disability insurance?

No one wants to think about becoming disabled and being unable to provide for yourself or your family financially, because the prospect is frightening and applying for long-term disability benefits is complicated. However, 1 in 4 people will suffer a long-term disability during their lifetime and the average length of a long-term disability is 2 1/2 years. Can any among us survive financially with medical bills and no income for 30 consecutive months?

Arizona disability insurance attorneys are knowledgeable in all aspects of Long-term Disability (“LTD”) insurance as well as Social Security Disability (“SSDI”) insurance and Supplemental Security Income (“SSI”) programs and can help with filing and appealing denials of all of these benefits.  

Some employees have Short-term Disability (“STD”) insurance and/or LTD through their employers. If you become disabled and can’t do your job, STD insurance generally covers you during the first 30 to 120 days. LTD generally kicks in after STD insurance is exhausted and may last a number of years or through retirement age, depending on the policy’s terms. If it’s not offered through an employer, workers can purchase their own LTD policy, but STD policies can’t be purchased privately, so building a nest-egg to cover the initial disability period is advisable if possible.

SSDI and SSI are two very different government programs designed to financially assist the disabled. While they are similar in defining what constitutes “disabled”, the other program qualifications differ. In a nutshell, SSDI benefits are work – based, meaning they are only available to people who have worked and paid into the Social Security system for the required number of years and hours before becoming disabled. In contrast, SSI benefits are means– based and are generally available to those with extremely limited financial resources and who are of advanced age or disabled. Some people qualify for both SSDI and SSI benefits.

The government’s definition of “disabled” for purposes of qualifying for SSDI or SSI is as follows: “a person is disabled if here she suffers from a physical or mental impairment that prevents engaging in substantial gainful activities and that has lasted, or is expected to last, for 12 months or more or result in death.”  LTD policies may define “disabled” differently.  And many LTD policies require the holder to apply for SSDI and/or SSI and may then reduce the percentage of LTD benefits if government benefits are granted. SSDI and SSI benefits are not guaranteed and, even if received, may be less than the amount available through a customizable LTD policy.

Both LTD claims and SSDI/SSI claims involve submitting often-complicated and extensive medical and other documentation and can take months in the best-case scenario or even years, depending on the appeals process. That’s why many hire a skilled disability attorney who understands the process and can often expedite moving a claim through the system.

If you or a loved one is disabled and needs assistance filing an initial claim for or appealing a denial of Social Security disability or long-term disability benefits, Roeschke Law can help you. Call us today at 800-975-1866 for a free consultation. From our offices in Phoenix, Tempe, and Tucson, we fight to get disabled clients throughout Arizona the benefits they deserve.

Q: If I win a Social Security Disability Insurance appeal, are my benefits retroactive?

If you thought that applying for Social Security Disability Insurance benefits was complicated and time-consuming, wait until you hear about what’s involved in appealing a SSDI or SSI denial in Arizona in the event your initial application is denied.

If you are unable to work, you may qualify for one of the federal government’s two disability benefits programs – – Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”). Both programs are different, but each requires the applicant to meet the Social Security Administration’s definition of “disabled” which is “suffering from a physical or mental impairment that prevents engaging in substantial gainful activities and that has lasted, or is expected to last, for 12 months or more or result in death.” Some people may qualify for both benefits programs, depending on their particular situation.

A skilled disability law attorney will be able to help you with the complex application as well as determining which program to apply for. In general, SSDI is a work-based program available only to those who have paid into the Social Security system through income tax contributions over a required period of time before they became disabled.  The other disability program, SSI, is a means-based program generally available to those of extremely limited financial resources and are of advanced age or disabled.

Appealing an SSDI or SSI denial in Arizona can be up to a four-step appeals process depending on how many unfavorable rulings may be made along the way. It is important that you don’t miss the deadline for filing an appeal.

The 4 stages of the appeals process are:

Stage 1: Request for Reconsideration. Where a third party reviews the initial application and decision. If denied again, move on to stage 2.

Stage 2:  Hearing by an Administrative Law Judge. Information and medical evidence is exchanged and made part of the administrative record before the hearing.  During the hearing, witnesses are questioned and additional documents may be submitted. Then the Judge will either affirm or overturn the denial. If affirmed, move to stage 3.

Stage 3: The Social Security Appeals Council Review Request. The Appeals Council can review the record and grant the benefits or send the case back down for another hearing.  They can also agree with the denial, refusing to review the case at all. If you fail here, move to the final stage.

Stage 4: Start a Federal lawsuit. This Court’s decision is the final outcome of your claim.

As you can see, the initial application as well as the multiple levels of the appeals process can take an enormous amount of time. And during that time, the applicant and their family is likely struggling financially waiting for those benefits. Having Disability Attorneys of Arizona on your side may make the difference in receiving benefits or not. Fortunately, retroactive benefits are available if your application or appeal is granted.

If you are unable to work and are anywhere in the Social Security Disability application or appeals process, Roeschke Law can help you. Call us at 800-975-1866 for a free initial consultation and assessment of your claim. From our offices in Phoenix, Tempe, and Tucson, we represent disabled clients throughout Arizona.

Q: How will President Trump’s proposed budget affect Social Security disability benefits?

Federal safety net programs such as Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) and others can expect significant cuts and reforms if President Trump’s proposed budget passes in its current form, Social Security Disability lawyers warn.

The disability benefits legal experts are watching with interest for not only how the changes will impact those applying for SSDI disability benefits but also for any limitations on or cuts to the amounts of benefits disabled recipients are currently receiving.

The message from the top is “get a job, not a government handout”.  In an effort to cut down on fraud that is presumed to be widespread in government safety net programs and to encourage self-sufficiency, The White House Budget Director warned “if you are on disability insurance and you’re not supposed to be, if you are not truly disabled, we need you to go back to work.”

Forcing those who are able to work back to the workforce will not only cut back on the amount of money paid out to those no-longer-disabled-and-actually-employable workers who are milking the system, but they will again be paying into the system to support the future claims of legitimately-disabled workers.

In addition to SSDI, there will be cuts and or changes other programs which impact the disabled such as Medicaid and the Supplemental Nutrition Assistance Program, (“SNAP”).

The proposed budget “would cut $72 billion by reforming disability programs”. The monthly benefits for the 10.6 million SSDI recipients total $11 billion. Reforms would focus on cracking down on recipients who are “exaggerating the extent of their ailment or staying on the program after they recover” by getting more enrollees off SSDI and back to work”.

Few would disagree with this concept on paper, but what will the reality of its implementation look like? Only time will tell. Meanwhile, honest people currently receiving disability benefits for legitimate and ongoing disabilities may be understandably uneasy about how the methods to root out the so-called fraudulent recipients may negatively impact the continuation of their rightful disability benefits.

If you need help applying for Social Security disability benefits or with appealing a denial of your application for benefits, the Social Security disability experts at Roeschke Law can help you at any stage of the process. Call us at 800-975-1866 for a free initial consultation and assessment of your claim.

Our Social Security lawyers represent clients in all counties and cities in Arizona from our offices in Phoenix, Tempe, and Tucson.

Q: Can my student loans be forgiven if I receive Social Security disability benefits?

Facing a disability is frightening. It could happen to any of us at any time through an illness or an injury. In addition to being painful, long-term disabilities are often accompanied by stress over providing for our families. Specifically, we worry about paying mounting bills for basic things like food and shelter and other bills like student loans.

Social Security disability attorneys can help those who have become disabled obtain government benefits like Social Security disability insurance (“SSDI”) or Supplemental Security Income (“SSI”). An experienced attorney can help streamline the rigorous administrative process of applying for disability benefits.

SSDI benefits are available to those under 65 who satisfy the government’s definition of “disabled” and who have accumulated the required minimum number of work credits prior to becoming disabled. Essentially, the person must’ve worked for a certain number of hours for a certain number of years and paid into the Social Security system through payroll taxes in order to qualify for SSDI. The disability can be physical or mental or both. A person is considered “disabled” if they “suffer from a physical or mental impairment that prevents engaging in substantial gainful activities and that has lasted, or is expected to last, for 12 months or more or result in death.”

Unlike SSDI, SSI is a needs–based program for those who are either over 65, blind, or disabled and who have extremely limited financial resources. Sometimes people may qualify for both disability benefit programs.

In addition to helping you through the disability benefits application process or handling a disability benefits appeal, a skilled attorney devoted to practicing disability law can advise you about other benefits you might be entitled to as a disabled person.

One such a benefit is the forgiveness of certain federal student loans in the case of a total and permanent disability. That means Social Security disability benefit recipients may be able to have the balance of their unpaid federal student loans forgiven—a potentially huge relief for those already financially challenged by an unexpected permanent and total disability, especially given the increasingly high costs of a college education.

In related news, legislation has been proposed that would offer similar federal student loan forgiveness to veterans who become totally and permanently disabled and unemployable due to a service-connected condition. The legislation is aimed at cutting “bureaucratic red tape” and proactively identifying and notifying veterans who have incurred a total and permanent disability and also have outstanding federal student loans that they are eligible to have those loans discharged.

If you need assistance applying for Social Security disability benefits or appealing a denial of those benefits, the disability attorneys at Roeschke Law can help you. Call us today at 800-975-1866 from our offices in Phoenix, Tempe, and Tucson, we represent disabled clients throughout Arizona.

Q. If applied for Social Security Disability Insurance benefits, can I also qualify for health care coverage?

The first thing a worker who becomes disabled and unable to work worries about is paying the bills without a paycheck. That’s why disabled workers should immediately seek counsel from a Social Security Disability Insurance Benefits attorney and apply for Social Security Disability Insurance (“SSDI”) benefits. Don’t delay, because the process takes several months at best.

How does a disabled worker qualify for SSDI benefits?

Basically, SSDI is available to workers under the age of 65 who have worked and paid into the Social Security system through their payroll taxes for a minimum specified number of hours and years and who satisfy the Social Security Administration’s definition of “disabled”. It is based on the worker’s income, not need, but is designed to cover basic living expenses, not a full replacement of lost income.

Next, a disabled worker may worry about loss of health coverage.

If you are collecting Social Security Disability Insurance (“SSDI”) benefits in Arizona, the good news is that you automatically qualify for Medicare.  But the bad news is you have to wait 29 months–almost 3 years –from the onset of your disability in order to become Medicare eligible. This date is generally two years after receipt of your first SSDI benefits check.

What is a disabled worker without health insurance to do for health care coverage during that 2 year+ period?

Well, there is some interim good news as well.

Arizona has its own Medicaid program called AHCCCS which can “act a bridge to Medicare” because it helps pay medical expenses for qualified disabled people with low enough incomes during that 29-month waiting period for Medicare to kick in.

Once you’re on SSDI and Medicare, you might qualify for AHCCCS under disability rather than “income-only” rules if you have little or no other income besides your SSDI benefits and “if your monthly SSDI cash benefit is less than 100% of the Federal Poverty Guidelines ($1005 per month for an individual, $1353 for a couple)”. AHCCCS may also be available to those who are collecting SSDI and also working through AHCCCS Freedom to Work.

If you live in Arizona and need assistance applying for Social Security Disability Insurance or Supplemental Security Income (“SSI”), the Social Security disability law experts at Roeschke Law can help you at any phase of the application or appeals process.

Call us at 800-975-1866 for a free consultation. From our offices in Phoenix, Tucson, and Tempe, we represent clients in all areas of disability law throughout the state of Arizona. 

Q: If I return to work, will I immediately lose my Social Security Disability Insurance benefits?

A common question Social Security Disability benefits attorneys often hear from clients who are either applying for disability benefits or are already receiving benefits is “What will happen to my benefits if I return to work?”.

Social Security Disability Insurance (“SSDI”) benefits is an income-based federal benefits program. In order to qualify for SSDI benefits, an applicant must be younger than 65 years of age, satisfy the minimum number of work credits, and meet the Social Security Administration’s (“SSA”) definition of “disabled”. Work credits are earned based on a formula under which workers need to work a minimum number of hours for a minimum number of years while paying payroll tax taxes into the Social Security system. SSDI is granted for both physical and mental disabilities provided the disability is serious, long-term, and possibly terminal in nature, again as outlined in the SSA’s legal definition.

While SSDI benefits are long-term in nature, they are not always permanent. Sometimes recipients upon future review may be determined to no longer qualify as disabled. More common perhaps is the situation where a recipient may be recovering and may want to try to return to the workforce. It is this situation where people fear losing their SSDI benefits only to find but they aren’t able to handle the return to the workforce.

If this is you, the Social Security Administration has your back.

The Social Security Administration, in an effort to encourage benefits recipients to attempt to return to work when they feel they are able to do so, has established a 3-step program. Here are the basics, in a nutshell.

In the first step, known as the Trial Work Period (“TWP”), workers are able to return to work and receive their full SSDI benefits regardless of how much salary they earn for up to a nine-month period.

Step two begins when the Trial Work Period ends. It’s called the three-year Extended Period of Eligibility (“EPE”). What, if any, benefits you are entitled to depends on whether you earn more or less than the current Substantial Gainful Activity (“SGA”) level established by SSA. For 2017, the SGA level is $1,170. So, during this three-year period of working, you are eligible for SSDI benefits for each month you earn less than the SGA level.

The third and final step of the return to work program is called the Expedited Reinstatement Period. This five-year period begins when the three-year EPE period has ended. If it anytime during this five-year period your earnings fall below the current SGA threshold, “you can quickly get back on SSDI benefits” without going through a complete re-application.

The three-step program encourages disability benefits recipients to give returning to work their best shot because they’ve got nothing to lose. If returning to work goes well, the recipient will be in a better financial situation and if it doesn’t work out, they won’t be any worse off for having tried.

There are rules and regulations regarding returning to work and a recipient is not advised to do so without for seeking counsel from either an attorney experienced in Social Security disability benefits law or a representative at the SSA.

If you or a loved one has become disabled and would like assistance applying for Social Security disability benefits or appealing the denial of SSDI benefits, the Arizona Social Security disability law firm of Roeschke Law can help you at any phase of the process.

Call us to request a free consultation at 800-975-1866. From our offices in Phoenix, Tucson, and Tempe, we represent clients throughout Arizona in all areas of disability law. 

The Social Security Administration, a part of the federal government, not only oversees and administers retirement benefits to workers ready to kick back and enjoy their golden years, but it is also responsible for administering Social Security disability insurance (“SSDI”) and Supplemental Security Income (“SSI”) benefits to disabled people.

At various points in history, citizens have questioned whether their Social Security retirement benefits will be there for them when they are finally old enough to retire. Small, periodic adjustments in the FICA tax rates and gradual pushing back of the minimum retirement age have previously been effective in thwarting threats to the solvency of the trust fund from which Social Security retirement benefits is paid.

In today’s current climate, many American workers are skeptical about the Social Security system’s “long-term financial stability”, with only 37% reporting being “somewhat or very confident” that the system will continue to provide retirement benefits  “of at least equal value” to those received by current retirees. This sentiment has led to a renewal of the debate on whether Social Security should be privatized or whether other changes, like the historic go-to Band-Aid® of increasing the FICA tax rate and minimum retirement age should be employed to “save” the current system.

Social Security is funded through a FICA payroll tax on wages paid by workers and their employers. Part of that tax goes to the trust fund from which Social Security retirement benefits are paid, and another part goes to the trust fund from which Social Security Disability insurance benefits are paid. It should be noted that unlike SSDI work-based federal disability benefits, SSI– a means-based federal disability benefits program–is not funded through a payroll tax, but rather a general revenue tax.

Privatizing Social Security and would mean that workers would “make contributions to their own privately managed retirement-savings accounts,” instead of paying the Social Security payroll taxes as they do now.

Proponents for privatizing Social Security retirement benefits argue that the current system will not be able to stay afloat long-term because of a “virtual explosion” in the number of retirees which has begun and will continue with the baby boomer generation hitting retirement age. With insufficient numbers of current and foreseeable future workers paying into the system through payroll taxes to support the demand of the baby boomer’s retirement benefits, the system cannot continue on its present course and “will be unable to fully pay scheduled benefits by 2034 unless dramatic changes are made”.

Privatization proponents support in a “compulsory system of private retirement savings accounts for individuals” such as mandatory 401K plans which, assuming a good annual return, would leave retirees able to have “a reasonable retirement”. Privatization would give retirees the option to buy an annuity, dry down the account as needed, and leave the balance upon death to loved ones.

On the flip side, opponents of privatization say the current Social Security system is insurance that protects all workers and insured against lost earnings due to “old-age, disability, or death”. They argue a savings plan can’t protect against such unpredictable risks as “living to age 110, becoming disabled or dying prematurely, leaving dependent children” – – all risks which Social Security does protect.  

Critics of privatization point out investment risks of private savings plans, possibility of outliving those savings, high administrative costs of savings plans, high cost of private disability, life, and annuity policies and the risks of insurance companies going out of business as some reasons why privatization isn’t the answer. Social Security also pays benefits to spouses, divorced spouses, and dependent children “not only at retirement but also in the event of disability or death.” What would even a highly paid worker who becomes disabled unexpectedly at a young age survive on without the guaranteed benefits of Social Security – – a private savings plan that hasn’t had time to grow? Those wishing to save the current Social Security system argue that it could be done by requiring the wealthiest citizens to pay the same 6.2% contribution rate as minimum-wage workers rather than the 8/10 of 1% rate that those who earn $1 million or more contribute.

It remains to be seen whether Social Security will be “saved” or scrapped and what impact that will have on the disabled who rely on Social Security. At a minimum, it seems that workers would need to purchase expensive private disability insurance policies in addition to those mandated retirement account contributions. But what if those insurance companies go under?

If you are considering applying for SSDI benefits or SSI benefits, the Arizona disability attorneys at Roeschke Law LLC can help you at any step of the process, whether with the initial application or on appeal. Call us at 800-975-1866 to schedule a free consultation. Let us help you get the disability benefits you’re entitled to without delay. From our offices in Phoenix, Tucson, and Tempe, we represent clients throughout the state of Arizona.

Now more than ever, applicants for Social Security disability benefits (“SSDI”) may benefit from the assistance of attorneys who specialize in Social Security disability law during the benefits application and/or appeals process.

The process to apply for SSDI benefits, or to appeal the denial of those benefits, has always been complex, but new rules enacted on March 27, 2017 have changed the game even more and have some critics worried that it will be harder for people to be able to prove that they are entitled to disability benefits.

In an effort to “reflect modern healthcare delivery”, the Social Security Administration enacted new rules. There are two changes in particular that critics worry may prevent people from receiving justly due disability benefits.

One is the elimination of the so-called “treating-physician rule” which had required that significant weight be given to an applicant’s physician’s report when determining whether the applicant was entitled to disability benefits.

Another worrisome change is that the new rules will no longer “give added weight to disability determinations my other agencies such as the Department of Veterans Affairs”.

Is unclear how the new rules will impact the approval of benefits applications, but the Social Security Administration reports that the percentage of claims approvals has decreased as has the number of people receiving benefits.

Social Security disability benefits attorneys remain hopeful that those applicants who are truly disabled and submit a proper application for benefits will still receive the benefits to which they are entitled despite the new rules.

If you are applying for SSDI benefits or are appealing a denial of an application for benefits, the Social Security Disability attorneys at Roeschke Law, LLC can help. Call us today at 800-975-1866 to request a consultation.  We regularly represent residents of Phoenix and Tucson and those throughout the state of Arizona with all phases of the SSDI and SSI application and appeals process.

Q: If I receive Social Security disability benefits, will I be banned from gun ownership?

Social Security disability benefits, (“SSDI”) are be awarded to applicants under the age of 65 who satisfy the government’s definition of “disabled” and who have paid into the Social Security system and amassed the requisite number of work credits prior to becoming disabled. The qualifying disabilities may be physical or mental in nature. Supplemental Security Income (“SSI”) is another government disability benefits program, but it is based on need and other qualifying factors.

Social Security disability recipients are understandably confused over the recent enactment and expected swift repeal of new legislation potentially impacting their rights to purchase a gun. Seeking legal counsel from experienced Arizona Social Security Disability attorneys to clarify this and other questions about your rights may be helpful.

The National Instant Criminal Background Check System (“NICS”) is the database used to exclude certain classes from the ability to buy guns– namely criminals and unstable people. Among the excluded groups are “felons, drug addicts, dishonorably discharged service members, fugitives, and illegal immigrants”. Reportedly sparked at least in part by the Sandy Hook Elementary School and other mass shootings, a new “last-minute” rule was enacted by the Obama administration intended to prevent those with mental illnesses from buying guns. The intended effect of the legislation was to add certain Social Security disability benefits recipients into the excluded classes, namely the “subset of Social Security disability recipients who has been deemed incompetent to handle their own financial affairs”.

Proponents of the legislation argue that allowing people classified with a mental disability to buy guns could be potentially dangerous to both the individual and to the public and that an appeals process exists to bypass the restriction for those mentally disabled recipients who want to challenge its application to them.

Critics of the last-minute legislation argue that it takes away people’s Second Amendment rights without due process and that the wide net it casts is too broad. For example, many disabled people whose benefits are paid to and managed by a third-party payee, may just be forgetful or not be able to manage their money– but it doesn’t automatically mean they are dangerous or violent.  Critics further argue that the appeals process is onerous and that the ban may discourage people who prioritize gun ownership from seeking help for their mental health issues.

In Arizona U.S. Representative Martha McSally’s recent telephone town hall conference, she labeled this gun ban rule as “unfair” and giving “too much power to unelected bureaucrats” in defending her vote to repeal it. Both the Senate and the House approved repealing the regulation which the President is expected to sign into law removing the Social Security disability classification from the gun ban system.

If you are applying to receive or appealing a denial of the Social Security disability benefits, Disability Attorneys of Arizona, Roeschke Law, LLC can help you at any phase of the process. Contact us today at 800-975-1866 for a free consultation. From our offices in Phoenix and Tucson, we represent individuals in all Arizona cities and counties.

Q: How can I expedite the Social Security disability (“SSDI”) benefits application process?

If you are considering applying for Social Security disability benefits in Arizona, you will need to assemble a variety of information and documentation to support the application. Failure to submit a complete application with all required information will result in a denial of your application.

Generally, applications may take weeks, months or even up to a year for a decision if not handled by an attorney. And while appealing a SSDI denial decision is possible, when you appeal you’re adding more time to an already lengthy and complicated process.

Hiring a skilled Social Security Disability Insurance attorney can expedite the application or appeals process. Because the attorneys are experienced, they can quickly complete the forms and know the documentation required to submit a strong application with a greater likelihood of approval the first time around. Attorneys can also follow up repeatedly on the status of your application as it moves through the process.

In a nutshell, the SSDI program is a work-based government benefits program to assist disabled people under the age of 65 who meet the minimum work credits threshold and have paid into the Social Security system. In addition, the applicant must satisfy the government’s definition of “disabled”. There are several common physical and mental disabilities which may qualify an applicant for SSDI benefits.

There are also many rare diseases that qualify for SSDI.

There is a “fast track” approval process for those suffering from certain “totally and permanently disabling” rare and aggressive diseases and conditions. Approximately “4% of Social Security disability applicants qualify for the Compassionate Allowance Initiative”, which expedites approval in “just a few days rather than the three months to a year” usual processing time.

Whether you qualify for expedited processing under the Compassionate Allowance Initiative or not, all disabled applicants benefit from a streamlined application and appeals process. And having a skilled SSDI attorney on your side may help.

If you or a loved one is disabled and considering applying for Social Security disability benefits, or if your application was denied and you need help appealing the decision, the disability law attorneys at the Phoenix and Tucson Arizona Law Firm of Roeschke Law, LLC can help. Call us at 800-975-1866 for a free initial consultation and assessment of your claim. We serve clients in all Arizona cities and counties.