Category: Social Security Disability

How Does Arizona’s Climate Impact Social Security Disability Claims for Respiratory Conditions?

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Navigating Social Security Disability Claims for Respiratory Issues in Arizona

Arizona’s climate presents unique challenges for individuals with respiratory conditions, potentially exacerbating symptoms and impacting their ability to work. For those seeking Social Security Disability (SSD) benefits, it is important to provide comprehensive medical documentation and demonstrate how the climate worsens their condition. By understanding the relationship between respiratory health and the environment, claimants can improve their chances of securing the benefits they need to manage their condition and maintain their quality of life.

What Respiratory Conditions Are Impacted by Arizona’s Climate?

Arizona’s climate may impact several respiratory conditions, influencing the severity of symptoms and the frequency of flare-ups. Several common respiratory conditions might be impacted.

Asthma

Arizona’s dry air and dust storms can irritate airways and trigger asthma attacks. Individuals with asthma may experience more frequent and severe symptoms due to the presence of airborne particles, allergens, and pollution, making it difficult for them to manage their condition.

Chronic Obstructive Pulmonary Disease (COPD)

COPD sufferers, which includes individuals with chronic bronchitis and emphysema, may find Arizona’s climate particularly challenging. High temperatures can make breathing more difficult, while dust and air pollution exacerbate symptoms, leading to respiratory distress.

Allergies

Arizona’s desert landscape is home to specific allergens, such as pollen from desert plants such as ragweed and mesquite trees. These allergens can trigger allergic reactions, further complicating respiratory conditions.

Pulmonary Fibrosis

This progressive lung disease involves scarring of the lung tissue, which makes it difficult for oxygen to pass into the bloodstream. Arizona’s climate, with its dry air and dust storms, can increase the risk of respiratory infections and irritants, leading to further complications for those with pulmonary fibrosis.

How Does Arizona’s Climate Impact the Disability Claims Process?

The Social Security Administration (SSA) recognizes respiratory disorders as potential qualifying conditions for disability benefits. To qualify, a claimant must prove that their condition is severe enough to limit their ability to work for at least 12 months.

Worsening Symptoms and Functional Limitations

For many individuals with respiratory conditions, Arizona’s harsh climate can make it nearly impossible to perform daily activities, including work. Extreme heat can lead to shortness of breath, fatigue, and respiratory distress, limiting the ability to engage in even light work. If a claimant can demonstrate that the local climate exacerbates their condition, this may strengthen their case for disability benefits.

Medical Documentation

A successful disability claim requires strong medical evidence. Claimants must provide thorough documentation from healthcare providers that details the severity of their condition and how the climate exacerbates their symptoms. Medical records should include test results, physician statements, and treatment history showing that the condition continues to limit the claimant’s ability to function despite treatment.

Compliance with Treatment

Individuals seeking SSD benefits must demonstrate that they are following prescribed treatments to manage their condition. This may involve staying indoors during dust storms, using air purifiers, or taking medications to control symptoms. Documenting medical compliance is essential for showing that the claimant is taking reasonable steps to manage their condition, but their ability to function remains limited.

Impact on Daily Life and Work

The claimant must prove that their condition limits their ability to work in order to qualify for disability benefits. Arizona’s extreme weather can make it impossible for individuals with respiratory conditions to perform certain jobs, particularly those requiring outdoor work or physical exertion. Claimants should provide detailed information about how their condition prevents them from performing tasks like walking, standing for long periods, or lifting objects.

How Can Respiratory Disability Be Proven in Arizona?

To qualify for Social Security Disability benefits based on a respiratory condition, a claimant must meet the requirements outlined by the SSA, which identify specific criteria for respiratory disorders. Some of the key conditions listed include chronic obstructive pulmonary disease (COPD), chronic bronchitis, asthma, cystic fibrosis, and pulmonary fibrosis. Each condition has its own criteria, which generally include the results of pulmonary function tests (PFTs), the frequency and severity of exacerbations, and the need for hospitalization or medical care.

In Arizona, additional considerations may arise due to the effects of the climate. For example, claimants may need to provide evidence showing that their condition worsens during the summer months due to extreme heat or humidity. They may need to demonstrate that dust storms or poor air quality significantly impair their breathing and overall lung function. Additionally, claimants might need to prove that they cannot work outdoors or perform physical tasks due to these challenging environmental conditions. By documenting how Arizona’s climate exacerbates their condition, claimants can strengthen their case for disability benefits.

How Can You Prepare Your Disability Claim?

Applying for Social Security Disability benefits can be a complicated process, especially for individuals with respiratory conditions. Increase your chances of success by following these guidelines.

  1.  Work with a healthcare provider who understands the impact of Arizona’s climate on respiratory conditions and can provide detailed medical documentation.
  2.  Keep a detailed record of symptoms, treatment history, and how the condition affects daily life and work.
  3.  Consider consulting with an attorney who can help navigate the claims process and present a compelling case.

Roeschke Law, LLC Provides Legal Help for Filing Social Security Disability Claims in Arizona’s Harsh Climate

Arizona’s harsh climate can worsen respiratory issues like asthma and COPD. If your condition prevents you from working, you may be entitled to Social Security Disability benefits. Navigating the claims process can be overwhelming. At Roeschke Law, LLC, we help people with respiratory conditions get the benefits they deserve. Call 800-975-1866 for a free case evaluation, and let us help you get the benefits you deserve!

How Does Arizona Define “Disability” in its Discrimination Laws?

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Why is the Definition of “Disability” in Arizona Law So Critical?

Many people have impairments that significantly affect their ability to perform daily tasks, and some of these challenges may not be visible to the casual observer. It is essential to have a clear and encompassing definition of disability within the state’s anti-discrimination laws to ensure individuals with all forms of impairments are equally protected. An experienced Arizona Social Security Disability lawyer can help clarify the state’s discrimination laws and guide you through your next steps if you’ve been subjected to discriminatory practices.

What is the Arizona Civil Rights Act, and How Does it Protect Disabled Individuals From Discrimination?

The Arizona Civil Rights Act (ACRA) provides a legal framework for safeguarding individuals from discriminatory practices in various aspects of their lives based on their race, religion, sex, country of origin, age, physical or mental disabilities, or other factors. It also protects individuals who have reported discriminatory practices from retaliation. ACRA created the Arizona Civil Rights Division of the Attorney General’s Office to investigate and resolve discrimination claims. If the Civil Rights Division cannot satisfactorily address the complaint, the complainant may need to file a lawsuit to reach a resolution.

The ACRA mirrors the laws contained in the federal Americans with Disabilities Act (ADA) and allows the state to enforce the same protections directly. The ADA is a vital piece of legislation that, among other things, preserves the rights of disabled individuals in the workforce by prohibiting discrimination and requiring employers to provide reasonable accommodations that allow disabled employees to participate in the necessary activities for their jobs. These laws help ensure disabled people have opportunities to obtain jobs suited to their skills, receive fair compensation, and thrive as productive members of the workforce without fear of being passed over or fired due to their disability.

How Does ACRA Define Disability?

Similar to the ADA, ACRA has a three-pronged definition of disability. If a person meets any one of the three legal descriptions, they are considered a qualified individual who is protected by the law. The three definitions of disability for the purposes of Arizona’s discrimination law are:

  • A mental or physical impairment that severely limits at least one major life activity: If an individual has an impairment that creates significant challenges with one or more everyday life tasks, such as feeding themselves, standing, driving, walking, reading, breathing, concentrating, and more, they are considered disabled under the law. This definition applies even if the impairment is transient or is currently controlled by medication. For example, if someone has experienced seizures in the past but they are currently in remission, they could still seek workplace accommodations that limit the likelihood of seizures or provide an extra measure of safety if an episode did occur. Impairments caused by active drug use or compulsion disorders, such as kleptomania, are not considered disabilities under Arizona law.
  • A record of having an impairment defined above: Even if the person is no longer substantially limited by an impairment, as long as they were at some point in the past, they could still be protected by disability discrimination laws. In practice, this may look like an employer being required to provide reasonable accommodations for an employee to attend follow-up or monitoring appointments with a provider for a prior condition. This definition also applies to people who have been misdiagnosed or misclassified as having a severe impairment.
  • Being regarded as having an impairment: If an employer discriminated against an individual because they assumed the person had a disability, the individual may file a complaint, regardless of whether or not they have the presumed disability. For instance, if an employer refused to hire a person or demoted them because they believed they were disabled, it is not a valid defense to prove that the person didn’t actually have the impairment.

What Accommodations and Protections Are Afforded Under the Law to Arizonans With Disabilities?

The ADA and ACRA aim to ensure that disabled individuals can have the same access to work opportunities, public spaces, transportation, businesses, and housing as other Arizonans. By enforcing standards for accessibility and accommodations, these laws promote a more inclusive and equitable society. The scope of anti-discrimination laws is vast, but the following are some of the important aspects:

  • Rules for employers: Businesses and entities with at least 15 employees are prohibited from discriminating against potential or current employees based on their disability. If requested, employers must also provide reasonable adjustments or modifications that allow disabled individuals to succeed at work, as long as these accommodations do not cause undue hardship for the employer or other employees.
  • Housing opportunities: Discrimination in the sale, rental, or financing of housing based on disability is prohibited. Public or federally assisted housing must be accessible for individuals with disabilities. Tenants can also request reasonable accommodations, such as designated parking areas, exceptions for service animals in pet-free apartments, or grab bars in bathrooms or bedrooms.
  • Access to transportation and government services: State and local governments must ensure disabled individuals have equal access to public programs and services, such as voting and public education. Commercial and public building projects and renovations are regulated by codes emphasizing accessibility for all individuals. Similarly, transportation providers must make certain their services are nondiscriminatory and provide accommodations for people with mobility challenges and other impairments.

How Can a Social Security Disability Lawyer Assist You?

If you are on social security disability or are in the process of applying, you have fundamental rights to be free of discrimination in the workplace, public sphere, and elsewhere. If you believe your rights have been violated or you require help requesting necessary accommodations, contact Roeschke Law, LLC today for legal guidance. We understand the wide range of effects a disability can have on you and your loved ones, and we will advocate for your best interests. Call us at a href=”tel:8009751866″>800-975-1866 today to schedule a free, in-depth case evaluation.

Can Mental Health Issues Qualify for Social Security Disability or Long-Term Disability in Arizona?

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In Arizona, mental health issues can indeed qualify for Social Security Disability (SSD) or Long-Term Disability (LTD). The Social Security Administration (SSA) recognizes a wide range of mental health conditions as potentially disabling. These include, but are not limited to, depression, anxiety disorders, bipolar disorder, schizophrenia, and post-traumatic stress disorder (PTSD). However, merely having a diagnosis is not enough. To qualify for SSD or LTD, you must demonstrate that your mental health condition significantly impairs your ability to work. The SSA uses a five-step evaluation process to determine whether an individual is disabled. This process considers your work history, the severity of your condition, whether your condition is on the SSA’s list of disabling conditions, your ability to do the work you did previously, and your ability to do any other type of work.

What Evidence is Required to Prove My Mental Health Condition?

To prove that your mental health condition qualifies for SSD or LTD, you’ll need substantial medical evidence. This can include psychiatric evaluations, treatment records, hospitalization records, and statements from treating physicians. The SSA will look at how your mental health condition impacts your ability to function in a work setting.

What If My Mental Health Condition Isn’t Listed in the SSA’s Blue Book?

The SSA’s Blue Book is a list of impairments that are recognized as potentially disabling. However, not all mental health conditions are listed in the Blue Book. If your condition isn’t listed, don’t despair. You may still qualify for SSD or LTD if you can prove that your condition is equivalent in severity to a listed impairment.

What If I Have Multiple Mental Health Conditions?

If you have more than one mental health condition, include all of them in your SSD or LTD application. The SSA considers the combined effects of all your conditions when determining your eligibility for benefits. An experienced lawyer can help you present a comprehensive picture of your mental health conditions and their impact on your ability to work. They can also help you gather the necessary medical evidence for each of your conditions.

What If I Also Have a Physical Disability?

If you have both a mental health condition and a physical disability, you can include both in your SSD or LTD application. The SSA considers the combined effects of all your conditions when determining your eligibility for benefits. For instance, suppose you have bipolar disorder and also suffer from a chronic physical condition like fibromyalgia. The combined effects of your bipolar disorder and fibromyalgia could significantly impair your ability to work, making you eligible for SSD or LTD.

Can I Work While Receiving SSD or LTD Benefits?

You might wonder if you can work while receiving SSD or LTD benefits. The answer is yes, but with some limitations. The SSA allows individuals receiving disability benefits to work as long as their earnings don’t exceed a certain amount, known as the “substantial gainful activity” (SGA) limit. Let’s take a hypothetical example. Suppose you’re receiving SSD benefits for bipolar disorder. You’ve started to feel better with treatment and want to try working part-time. As long as your earnings don’t exceed the SGA limit, you can continue to receive your SSD benefits. However, if your earnings exceed the SGA limit, your benefits may be reduced or terminated. A skilled lawyer can help you understand these rules and ensure that you’re not jeopardizing your benefits by working.

What If My Mental Health Condition Is Due to a Work-Related Incident?

If your mental health condition is a result of a work-related incident, you may be eligible for workers’ compensation benefits in addition to SSD or LTD. In Arizona, workers’ compensation covers not only physical injuries but also psychological injuries that occur as a result of workplace incidents. For instance, suppose you develop PTSD after witnessing a traumatic event at work. In this case, you could potentially receive workers’ compensation benefits for your PTSD. You could also apply for SSD or LTD if your PTSD prevents you from working.

However, navigating the workers’ compensation system can be complex, and it’s important to have an experienced lawyer on your side. They can help you understand your rights, gather the necessary evidence, and represent you in any hearings or appeals.

What If I’m Denied SSD or LTD Benefits?

If your initial application for SSD or LTD benefits is denied, don’t lose hope. Many initial applications are denied, often due to lack of evidence or errors in the application. You have the right to appeal the decision, and many people are successful on appeal.

How Can an Experienced Lawyer Assist with My Disability Claim?

Navigating the SSD or LTD claim process can be complex and overwhelming, especially when you’re dealing with a mental health condition. A talented lawyer can provide invaluable assistance throughout this process. They can help gather the necessary medical evidence, complete and submit the required paperwork, and represent you in any hearings or appeals. For example, consider a hypothetical situation where your initial claim is denied, which is not uncommon. A skilled lawyer can help you understand the reasons for the denial, gather additional evidence if needed, and guide you through the appeals process. They can also advocate for you during the hearing, ensuring that your case is presented in the most effective way possible.

Mental health issues can qualify for Social Security Disability or Long-Term Disability in Arizona, but the process can be complex. If you’re considering applying for SSD or LTD due to a mental health condition, call Roeschke Law today at 800-975-1866 for a free consultation!

What Impact Does Working Part-Time Have on Social Security Disability Benefits in Arizona

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How Does Part-Time Work Affect My Social Security Disability Benefits in Arizona?

In Arizona, working part-time can indeed impact your Social Security Disability (SSD) benefits. The Social Security Administration (SSA) determines eligibility for SSD benefits based on your ability to engage in substantial gainful activity (SGA). SGA refers to the level of work that a person is capable of performing, which can earn them a certain amount of income. If you’re working part-time and earning more than the SGA limit, you may not qualify for SSD benefits.

However, the SSA does not only consider the amount you earn. They also look at the nature of your work and your physical or mental ability to perform it. For instance, if you’re working part-time due to your disability, but your earnings are below the SGA limit, you may still qualify for benefits.

What is the Substantial Gainful Activity Limit?

The SGA limit is a key factor in determining your eligibility for SSD benefits. In 2021, the SGA limit for non-blind individuals is $1,310 per month. For blind individuals, it’s $2,190 per month. If your part-time work earnings exceed these limits, you may not be eligible for SSD benefits. It’s also important to note that the SSA does not count income from sources other than work, such as investments or gifts, towards the SGA limit.

Can I Still Receive Benefits if My Earnings are Below the SGA Limit?

Yes, you can still receive SSD benefits if your earnings from part-time work are below the SGA limit. However, the SSA may adjust your benefits based on your work activity. This is because the SSA assumes that if you’re able to work part-time, you may be able to work full-time with the right support and accommodations.

The SSA uses a process called a work trial period to determine if you’re capable of SGA. During this nine-month period, you can continue to receive full SSD benefits regardless of how much you earn, as long as your disability still meets the SSA’s criteria. After the trial work period, if your earnings are still below the SGA limit, you can continue to receive SSD benefits.

What Happens if My Earnings Exceed the SGA Limit?

If your earnings from part-time work exceed the SGA limit, the SSA may determine that you’re capable of SGA and discontinue your SSD benefits. However, there are exceptions to this rule. For instance, if you have work-related expenses due to your disability, such as special equipment or transportation, the SSA may deduct these costs from your earnings when determining if you’re engaging in SGA.

If your SSD benefits are discontinued due to your earnings, you may be eligible for expedited reinstatement within five years if you stop working or if your earnings decrease below the SGA limit. This means you can start receiving benefits again without having to submit a new application.

What if I’m Self-Employed and Working Part-Time?

If you’re self-employed and working part-time, the SSA will use different criteria to determine if you’re engaging in SGA. They won’t just look at your earnings, but also at the nature and value of your work, and how it compares to the work of people without disabilities in your community who are in the same or similar businesses.

How Does the SSA Consider Unsuccessful Work Attempts?

If you try to return to work but have to stop or reduce your work to below the SGA level due to your disability within six months, the SSA may consider this an unsuccessful work attempt (UWA). A UWA won’t affect your eligibility for SSD benefits. However, you’ll need to provide evidence that your disability forced you to stop working or to reduce your work.

What if I’m Working Part-Time While Applying for SSD Benefits?

If you’re working part-time while applying for SSD benefits, the SSA will consider your work activity when evaluating your application. They will look at your earnings, the nature of your work, and your ability to perform it. If your earnings are below the SGA limit and your work activity is limited by your disability, you may still be eligible for benefits.

If your earnings are above the SGA limit, the SSA may deny your application on the basis that you’re capable of SGA. It’s important to note that the SSA will consider your work activity in the context of your overall medical condition and the limitations imposed by your disability.

Can I Work Part-Time While Receiving SSD Benefits?

Yes, you can work part-time while receiving SSD benefits, as long as your earnings are below the SGA limit and your work activity is consistent with your disability. However, you must report your work activity to the SSA, and they may adjust your benefits based on your earnings and work activity.

If you start working part-time while receiving SSD benefits, the SSA will conduct a work trial period to determine if you’re capable of SGA. During this period, you can continue to receive full SSD benefits regardless of your earnings, as long as your disability still meets the SSA’s criteria. After the trial work period, if your earnings are still below the SGA limit, you can continue to receive SSD benefits.

A talented attorney can help you understand these rules and ensure that you’re receiving the benefits you’re entitled to. If you’re considering part-time work or if your SSD benefits have been affected by your earnings, seek legal advice. Call Roeschke Law today at 800-975-1866 for a free consultation!

Why Do Some Arizonans Get Denied Social Security Disability and How Can They Appeal

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Why Might My Social Security Disability Claim Be Denied?

One of the most common reasons for denial of Social Security Disability (SSD) claims in Arizona is the lack of sufficient medical evidence. The Social Security Administration (SSA) requires comprehensive medical documentation to substantiate your disability claim. If your medical records do not thoroughly document your disability, the SSA may deny your claim.

Another common reason for denial is the SSA’s determination that your disability isn’t severe enough or won’t last long enough. The SSA generally only approves claims for conditions expected to last at least a year or result in death. If your condition is expected to improve within a year, or if it doesn’t significantly limit your ability to work, your claim may be denied.

What Can I Do If My SSD Claim Is Denied?

If your SSD claim is denied, don’t despair. You have the right to appeal the decision, and many people who are initially denied eventually receive benefits after appealing. In Arizona, there are four levels of appeal: reconsideration, hearing by an administrative law judge, review by the Appeals Council, and federal court review.

Reconsideration is a complete review of your claim by someone who didn’t take part in the first decision. They’ll look at all the evidence submitted in the original decision, plus any new evidence.

If your claim is denied again, you can request a hearing by an administrative law judge. This is your chance to present your case in person. You can bring witnesses, such as medical or vocational experts, to testify on your behalf.

What If My SSD Appeal Is Also Denied?

If your appeal is denied at the hearing level, you can request a review by the SSA’s Appeals Council. However, the Appeals Council doesn’t review all cases. They may deny your request if they believe the hearing decision was correct.

If the Appeals Council denies your claim or decides not to review your case, you could then file a lawsuit in a federal district court, the last level of the appeals process.

How Can I Improve My Chances of Winning My SSD Appeal?

One of the most effective ways to improve your chances of winning your SSD appeal is to hire an experienced disability attorney. They can guide you through the complex appeals process, help gather necessary medical evidence, and represent you at your hearing.

What Kind of Evidence Can Help My SSD Appeal?

The type of evidence that can help your SSD appeal largely depends on the nature of your disability. However, in general, comprehensive medical records are crucial. These should include detailed reports from your doctors about your condition, the treatments you’ve tried, and how your disability affects your ability to work.

In addition to medical records, statements from friends, family, or coworkers about how your disability affects your daily life can also be helpful. These statements can provide a more complete picture of your disability and its impact on your ability to work.

How Long Does the SSD Appeal Process Take?

The length of the SSD appeal process can vary greatly depending on the level of appeal and the specifics of your case. In general, the process can take anywhere from a few months to over a year.

The reconsideration stage typically takes a few months. If your claim is denied again and you request a hearing, it can take several months to over a year to get a hearing date due to the backlog of cases. The decision after the hearing can take a few weeks to a few months.

If you request a review by the Appeals Council, the process can take an additional year or more. If you decide to file a lawsuit in federal court, the process can take even longer.

Can I Work While My SSD Appeal Is Pending?

While your SSD appeal is pending, you are technically allowed to work. However, there are strict limits on how much you can earn, and working while your appeal is pending can complicate your case. The SSA might argue that your ability to work, even part-time, shows that you’re not disabled. Therefore, it’s crucial to consult with an experienced disability attorney before making the decision to work while your appeal is pending.

What Happens If I Can’t Afford Medical Treatment for My Disability?

The SSA relies heavily on medical evidence to determine if you’re disabled. Without this evidence, your claim may be denied. However, there are resources available to help you.

In Arizona, you may qualify for programs like the Arizona Health Care Cost Containment System (AHCCCS), which is Arizona’s Medicaid agency that offers health care programs to serve Arizona residents. Community health clinics also offer services on a sliding fee scale.

What If I Don’t Have Enough Work Credits for SSD?

The SSA requires you to have a certain number of work credits to qualify for SSD. These credits are based on your total yearly wages or self-employment income. You can earn up to four credits per year. However, if you don’t have enough work credits, you might still qualify for Supplemental Security Income (SSI).

SSI is a program that provides benefits to disabled adults and children who have limited income and resources. It’s also available to people aged 65 and older without disabilities who meet the financial limits. For example, if you’re a freelance writer who hasn’t been able to work consistently due to a debilitating neurological condition, you might not have enough work credits for SSD. However, you could still qualify for SSI based on your limited income and resources.

If you’ve been denied SSD benefits, call Roeschke Law today at 800-975-1866 for a free consultation!

What Are the Financial Limits for Social Security Disability Benefits in Arizona

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What Are the Medical Requirements for SSD Benefits?

To qualify for SSD benefits, you must have a medical condition that meets the Social Security Administration’s (SSA’s) definition of disability. The SSA maintains a list of medical conditions that are considered so severe that they automatically mean you’re disabled. If your condition is not on this list, the SSA will have to decide if it’s severe enough to qualify. In addition, your disability must have lasted or be expected to last at least one year or result in death, and it must prevent you from doing any substantial gainful work.

What Are the Steps to Apply for SSD Benefits in Arizona?

Applying for SSD benefits involves several steps. First, you must gather all necessary documentation, including medical records, work history, and personal information. Next, you can apply online, by phone, or in person at a local Social Security office. After submitting your application, it will be reviewed for basic eligibility requirements before being sent to the Disability Determination Services office for a medical review.

If you’re denied SSD benefits, don’t lose hope. The appeals process involves several stages. At each stage, your attorney can represent you, present evidence, and argue your case.

What Are the Common Reasons for SSD Benefit Denials?

There are several common reasons why SSD benefit applications are denied. These can include lack of sufficient medical evidence, earning too much income, not following prescribed treatment, or the SSA’s determination that your disability won’t last long enough (at least a year or result in death). Understanding these common pitfalls can help you avoid them when applying for SSD benefits.

What Are the Financial Limits for Social Security Disability Benefits in Arizona?

The SSA determines the amount of benefits you can receive based on your lifetime average earnings covered by Social Security. In 2024, the maximum monthly benefit for a person who starts receiving SSD benefits at full retirement age is $3,822. However, the average SSD benefit amount is significantly lower.

How Does My Work History Affect My SSD Benefits?

The SSA uses a complex formula to calculate your benefits, taking into account your 35 highest-earning years. If you have not worked for 35 years, the SSA will still use 35 years in their calculation, filling in the remaining years with zeros, which can significantly lower your average. For example, let’s say John has worked for 25 years, earning an average of $50,000 per year. The SSA will add up his earnings for those 25 years, but then they will also add ten years of zero earnings to reach the 35-year total. This will lower John’s average earnings and, subsequently, his SSD benefits.

Can I Increase My SSD Benefits in Arizona?

While the financial limits for SSD benefits are set by the federal government, there are certain steps you can take to potentially increase your benefits. One of the most effective ways is by ensuring that all your earnings have been accurately reported to the SSA. If there are any discrepancies or missing information, it could negatively impact your benefits. Another way to potentially increase your benefits is by appealing a decision if you believe the SSA has miscalculated your benefits. A knowledgeable SSD attorney can help you navigate this process and ensure that you’re receiving the maximum benefits to which you’re entitled.

Consider the case of Jane, who noticed that her SSD benefits seemed lower than what she expected based on her earnings history. After consulting with an SSD attorney, they discovered that several years of her earnings had not been reported correctly to the SSA. After correcting this error, Jane’s monthly SSD benefits increased.

What If I’m Self-Employed? How Does That Affect My SSD Benefits?

The SSA does consider self-employment when determining eligibility for SSD benefits. However, they use different criteria to determine whether you’re engaged in “Substantial Gainful Activity” (SGA). For self-employed individuals, the SSA will look at factors such as the amount of time you spend working, the value of your work to your business, and your role in the business. If the SSA determines that your work activity is substantial and gainful, you may not be eligible for SSD benefits.

What If I Have a Part-Time Job? Will It Affect My SSD Benefits?

The SSA considers any work that brings in income over the Substantial Gainful Activity (SGA) limit as a potential disqualifier for SSD benefits. However, the SSA does offer work incentives, such as the Trial Work Period (TWP), during which you can still receive full SSD benefits while testing your ability to work. It’s crucial to report any work and earnings to the SSA to avoid potential overpayments or penalties.

How Can an SSD Attorney Help Me Maximize My Benefits?

A knowledgeable SSD attorney can provide invaluable assistance in maximizing your SSD benefits. They can help ensure that all your earnings are accurately reported to the SSA, guide you through the process of appealing a decision, and help you understand the impact of returning to work on your benefits. Moreover, an SSD attorney can help you apply for additional state and federal assistance programs if your SSD benefits aren’t enough to cover your expenses. They can guide you through the application process, help you gather the necessary documentation, and represent you in any hearings or appeals.

Navigating the complexities of SSD benefits can be challenging, but you don’t have to do it alone. An experienced attorney can help ensure you’re receiving all the benefits you’re entitled to and can guide you through the process of applying for SSD benefits. If you’re struggling with the financial limits of your Social Security Disability benefits in Arizona, call Roeschke Law today at 800-975-1866 for a free consultation!

What Steps Should You Take if Denied Reasonable Accommodations in Arizona?

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What Are Reasonable Accommodations Under Arizona Law?

In Arizona, reasonable accommodations are modifications or adjustments to a job or employment environment that allow a person with a disability to perform essential job functions. These accommodations are mandated by both federal and state laws, including the Americans with Disabilities Act (ADA) and the Arizona Civil Rights Act. Some reasonable accommodations are providing a sign language interpreter for a deaf employee, allowing a flexible work schedule for someone with a chronic illness, or installing a ramp for a wheelchair user.

What Are My Rights Under the Americans with Disabilities Act (ADA)?

Under the ADA, you have the right to request reasonable accommodations that will enable you to perform your job despite your disability. This federal law applies to employers with 15 or more employees, and it prohibits discrimination in hiring, promotions, termination, and all aspects of employment.

If your employer denies your request for accommodations, they must show that the accommodations would cause an undue hardship. This means that the accommodations would be significantly expensive or difficult in relation to the size of the employer, their financial resources, and the nature of their business.

What Are My Rights Under the Arizona Civil Rights Act?

The Arizona Civil Rights Act provides additional protections for workers with disabilities in Arizona. This state law applies to employers with 15 or more employees, and it also prohibits discrimination based on disability.

Under this law, you have the right to request reasonable accommodations, and your employer must provide them unless they can show that this would cause an undue hardship. The Arizona Civil Rights Act also gives you the right to file a complaint with the Arizona Civil Rights Division if your request for accommodations is denied.

What Should I Do If My Request for Reasonable Accommodations Is Denied?

If you’ve requested reasonable accommodations and your employer has denied your request, it’s important to take several steps to protect your rights. First, document everything. Keep a record of your request and any responses you receive. This could be crucial evidence if you need to file a complaint or lawsuit later.

Next, try to resolve the issue with your employer. It’s possible that there’s been a misunderstanding or that your employer isn’t aware of their legal obligations. If you’re unable to resolve the issue, you may need to lodge a complaint with the Arizona Civil Rights Division or the Equal Employment Opportunity Commission (EEOC). These agencies can investigate your complaint and may be able to help you obtain the accommodations you need.

How Can I Prove That My Accommodations Are Reasonable?

Proving that your requested accommodations are reasonable can be a complex process. You may need to provide medical documentation or expert testimony to show that your disability requires the accommodations you’ve requested. You’ll also need to show that the accommodations wouldn’t impose an undue hardship on your employer.

What if My Employer Claims They Were Unaware of My Disability?

Sometimes, an employer might claim they were unaware of your disability as a defense for not providing reasonable accommodations. However, under the ADA and the Arizona Civil Rights Act, an employer’s obligation to provide reasonable accommodations begins when they become aware of your disability and your need for accommodations.

What if My Employer Offers an Alternative Accommodation?

In some cases, your employer might offer an alternative accommodation instead of the one you’ve requested. The ADA and the Arizona Civil Rights Act require that employers engage in an interactive process to determine an effective accommodation. This means that your employer can suggest alternatives, but these must still allow you to perform your job effectively.

Can I Be Fired for Requesting Reasonable Accommodations?

Under the ADA and the Arizona Civil Rights Act, it’s illegal for employers to fire employees for requesting reasonable accommodations. This is considered a form of disability discrimination. If you’ve been fired after requesting accommodations, you may have a wrongful termination claim.

What Should I Do If I Face Retaliation for Requesting Accommodations?

If you face retaliation for requesting reasonable accommodations, such as being demoted, harassed, or even fired, it’s crucial to take immediate action. Document any instances of retaliation and report them to your employer’s human resources department. If the retaliation continues, you may need to file a complaint with the EEOC or the Arizona Civil Rights Division.

What Can an Experienced Lawyer Do to Help?

If you’re facing a denial of reasonable accommodations, an experienced lawyer can be a significant help. They can educate you on your rights, gather evidence to support your case, and navigate the complex legal process. They can also negotiate with your employer on your behalf, and represent you in court if necessary.

If you’ve been denied reasonable accommodations in Arizona, or if you’ve faced retaliation for requesting accommodations, call Roeschke Law today at 800-975-1866 for a free consultation! They can guide you through the legal process, advocate for your rights, and help you seek the fair treatment you deserve under the law.

How Do Medical Examinations Influence Social Security Disability Decisions in Arizona?

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What is the Social Security “Blue Book” and How Does It Apply to My Medical Evaluation?

A proper and sanctioned medical evaluation is critical to applying for Social Security Disability. This medical evaluation gives Social Security a detailed and clear understanding of your disability conditions and the vital information they need to make a qualified and accurate decision on your SSD claim.

According to the SSD rules, these provided physicians use the Disability Evaluation Under Social Security guidelines; this is usually referred to as the blue book and helps them to evaluate you for the type and extent of your disability.

This “Blue Book” includes a detailed listing of disabilities and impairments for adults and children. The book also sets exact requirements for the severity of your symptoms, specific clinical findings, and lab tests needed for each impairment; if found, some impairments may be considered for automatic approval of your SSD application.

Your private healthcare practitioner, working with your skilled and experienced Social Security disability lawyer, can provide you with significant help in determining if you meet the requirements listed in the Blue Book. They will know if you are missing vital information such as lab tests, etc., so you can proactively work to ensure complete documentation (and application), which helps you process your application faster and have a better chance of SSD approval.

Can My Private Doctor Put Me on Social Security Disability?

Even if your condition is not listed in the Disability Evaluation Under Social Security guidelines (Blue Book), you and your Social Security disability lawyer can work to prove that your disability affects your ability to work to a severe degree. Therefore, if you can’t do sustained work or your disability meets specific rules under the Medical-Vocational Guidelines, you may still be able to receive benefits.

Your doctor usually cannot approve you getting SSD benefits, but they will still play a significant and critical part in your application. They will be the first step in providing your medical information, treatment, and prognosis.

However, the Social Security Disability administrators may also ask for additional records, such as;

  • More detailed and thorough medical information or specific medical records.
  • Request specific forms or tests that may not have been initially included.
  • Or (and this is quite common) request a complete medical examination done by their doctors.

It’s always possible that your disability does not meet the requirements for automatic approval under disability law; the claims examiner does have the option of your impairments being considered equivalent to a similar listing or considering a combination of impairments that are not severe enough individually but should be granted benefits when combined.

Applying correctly for SSD benefits is complex; your disability lawyer will significantly help with this process. You must note that many times, it’s highly challenging to prove that an impairment or impairments equal the Blue Book Listings. However, your SSD lawyer will thoroughly know the blue book and the information you need to make your Social Security disability evaluation work in your favor.

Are There Certain Medical Conditions That May Automatically Approve Me For SSD Benefits?

Social Security defines “disability” as that you are “disabled” if you can no longer do any substantial gainful activity due to your current medical or physical condition. Additionally, your present physical (or, at times, mental) impairment could result in your death or has lasted and is expected to last for a continuous period of not less than 12 months.

Your experienced Social Security Disability lawyer comprehends that the Social Security Administration’s listings of medical impairments that qualify for disability benefits can be complex and confusing, but also knows how to navigate this treacherous legal path.

You should note that there are types of disabilities that may automatically qualify you for Social Security Disability benefits. Some examples of these are:

  • Musculoskeletal system conditions – Including Arthritis, Fibromyalgia, chronic back pain, and more.
  • Mental or mood disorders – Such as PTSD, Depression, Schizophrenia, and more.
  • Cardiovascular conditions – These may include angina, high blood pressure, heart diseases, and more.
  • Almost all types of Cancer.
  • Nervous system disorders – Blindness, Parkinson’s disease, and more.

Your Social Security law team, experts and knowledgeable in these applications, will know what to look for and what documentation you need. If you automatically qualify, they will advise you. Please note, however, that the type of disability condition and situation is unique, and your law team will approach it legally in that spirit, providing you with the best chances of success.

What Is a Consultative Examination, and How Can It Affect My SSD Approval?

In more cases than not, when you’re applying for Social Security Disability benefits, you probably will have to attend a disability examination, usually called a consultative examination.

These exams are conducted by medical professionals hired by, or work for, the Social Security Administration (SSA). These medical professionals will assess and confirm your medical condition and help clearly define your physical or mental limitations.

This is a vital area that your experienced and skilled SSD attorney will help you prepare for and ensure you inadvertently don’t say or do anything that may jeopardize the chances of getting SSD benefits.

The consultative examination (CE) is a critical and vital part of the SSD application and evaluation process.

The primary reason for this exam is to provide substantial medical evidence to the Social Security Administration (SSA) so they can make an informed and correct decision on your case. Some of the most important reasons for this exam are;

  • Confirm your disability and medical condition fully.
  • Assess the severity of your condition and evaluate your functional limitations.
  • Assess your mental health.
  • Verify claims your medical team has made.
  • Assist significantly in the approval process.
  • Addressing other specific questions, if needed, and more.

I Must Take a Medical Exam For My SSD Application; How Should I Proceed?

Every day in the U.S., injuries and illness stop hard-working Americans from earning a living. When this occurs in your life, Social Security Disability benefits become vitally important to you and your family.

Consulting with an experienced and knowledgeable San Diego Social Security disability law firm will help to ensure you file correctly and comprehensively the first time. Your Social Security Disability lawyer will always give you the best legal advice on applying, especially what to expect if you must take a physical exam to get approved for your SSD benefits.

The best advice is: Do not try this alone. The San Diego-based Roeschke Law, LLC has a long and winning history of representing SSD clients get the benefits they need and deserve.

Call them today at (800) 975-1866 for a consultation on your case and the informed, knowledgeable, and empathetic representation you and your family deserve.

Can You Receive Both Social Security Disability and Long-Term Disability Insurance Simultaneously?

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If I am Injured or a Disabled Person, Should I File for Social Security Disability
Benefits if I Have Long Term Disability Insurance?

First, it’s vital to understand that if you have long-term disability insurance, you can still apply for and receive SSDI simultaneously. There are caveats to doing this, but it may be in your best interests.

Certain benefit programs can conflict with each other (such as unemployment benefits and disability benefits). Still, if you now receive long-term disability, it commonly won’t affect your chances of receiving SSDI.

If you now receive long-term disability and file for SSDI, there might be some offsets, but it could overall be beneficial as you could have a higher net disability income if you file for both.

The Long-Term Disability (LTD) benefit is usually more significant than the SSDI benefit you may receive. However, in some cases, to qualify for LTD benefits, you will probably be required to file for Social Security Disability benefits.

Indeed, most employer-provided LTD policies obligate you to file for SSD benefits as part of the LTD eligibility requirements. Let’s say you get your LTD benefits through your employer; their insurer can invoke the offset provisions by having you file for SSDI, thereby offsetting the LTD insurer’s liability.

The good news is that you usually will have a higher total net benefit income by filing for both. Also, your SSD benefits commonly get COLA increases, while most LTD benefits do not. The LTD benefits you receive will, most likely, remain unchanged until you reach full retirement age. So, by filing for both SSDI and LTD, you are providing yourself and your family with a solid disability “safety net.”

Admittedly, all cases differ, and this can be complex, and filing for both can be challenging and cumbersome, so the help and guidance of a skilled, experienced SSD lawyer is mandatory if you want to obtain the total number of benefits you rightfully deserve.

If I File for SSD and LTD Benefits, How Will “Offsets” Affect My Benefits?

Since the application and approval process is much faster for getting LTD, most LTD benefits are calculated retroactively and for the future. Many applicants can receive an LTD decision in one to three months, but their SSD application may take six months to a year or more to process, and they begin to see benefits.

However, when you get your SSD benefits, you may receive a lump sum award for retroactive benefits while already receiving your LTD payments for many months.

When this occurs, your LTD insurance company will commonly invoke the policy’s “offset provision.” This provision states that you must “reimburse” the LTD insurer for the SSD benefits paid during the same eligibility period for retroactive benefits.

Usually, when you receive LTD and SSDI benefits, a monthly offset will also be applied going forward.

For example, if you file for SSD and LTD benefits simultaneously, your LTD application may be quickly approved, and you begin receiving $5,000 in monthly LTD benefits.

Ten months have passed, and your SSD claim has been approved. You could receive an SSDI retroactive payment of $20,000 plus an ongoing monthly SSD benefit. You have received $50,000 in LTD benefits ($5k/month for ten months = $50,000).

According to your LTD policy terms, you must reimburse the retroactive payment of $20,000 to your LTD insurer because your benefits for retroactive SSDI and LTD eligibility overlap. Also, your LTD benefit will usually be adjusted monthly due to the SSD payments made; all in all, however, by having both benefits, you still will be receiving more each month,

Are There Major Differences Between LTD and SSDI Insurance Benefits,

All disability All types of disability insurance are designed to lessen your financial hardship if you cannot work due to a disability.

SSDI coverage provides essential financial protection to workers, but you must have contributed to Social Security for a significant time.

Usually, all private disability insurance offers more extensive and liberal coverage and possibly more significant benefits.

To qualify for SSDI benefits, you must meet Social Security’s strict definition of having a disability.

For example, to get SSDI, you must show that:

  • You can no longer work in your current job.
  • You cannot work or adjust to another job.
  • Your disability prevents you from returning to work for at least a full year.

The most valuable benefit of private disability plans is that they have less restrictive definitions of disability. While SSDI requires total disability, many LTD insurers will pay benefits without requiring individuals to prove they can do no work.

However, LTD plans can be very costly, and definitions of coverage vary, but most have the following three in common:

  • They have “Own occupation” coverage – This insures you against disabilities that prevent you from performing the duties of your job.
  • They will cover “Own occupation” with time limits – So they will help you when you cannot perform your occupational duties for a limited amount of time.
  • They include “Any occupation” coverage – When your disability prevents you from performing any job.

Also, each situation differs, and LTD and SSD plans can be confusing and challenging. It’s always in your best interests to get the professional advice, knowledge, and guidance of a skilled Social Security Disability lawyer to know you’re doing what’s best for you and your family’s future.

Can I Qualify for SSDI If I Have Multiple Disability Conditions?

This is sometimes an overlooked situation, and if you are a disabled person suffering from multiple conditions, the total effect on you may be enough to qualify for SSDI benefits.

However, although you can apply for SSDI benefits if you have multiple disabling conditions, this process can be highly challenging. Many questions arise, and how you present your case to the SSA will often make all the difference in whether you are approved.

When you apply for SSDI benefits, you should list all of your physical and mental impairments that prevent you from doing your job.

Even if you think it is relatively minor, every impairment must be on your application. The analyst who reviews your SSDI application will combine their effects and evaluate your entire level of disability. They then will consider how your conditions work together to affect your ability to do your current job.

So, if you do have multiple conditions, you can be covered, but it is highly recommended that you work with an experienced disability lawyer who will ensure you submit a thorough, detailed, and correct application; applying with multiple conditions is complex, and if not done precisely, you most likely will be denied.

I Must Apply for LTD and SSDI Benefits; How Should I Proceed?

For LTD and SSDI insurance, you must prove that you suffer from a severe enough disability that you can no longer perform your current job or, in some cases, any substantial work.

Gathering all the documentation needed to demonstrate the severity of your disability is a time-consuming and challenging process. Yes, you can submit your application independently, but the likelihood of success will significantly increase when you work with an experienced, empathetic, and knowledgeable Social Security Disability lawyer.

The skilled and experienced Social Security Disability lawyers at Roeschke Law LLC are proficient and thorough in analyzing your case, gathering all pertinent data, and filling out all parts of these detailed applications correctly the first time.

Call them today at (800) 975-1866, and be assured that they are committed to getting you and your family all the benefits you now need and rightfully deserve.

How Arizona Businesses Comply with Disability Laws Online.

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Must My Arizona Business Website Have To Comply With the ADA Requirements?

The Americans with Disabilities Act (ADA) is broad in scope. Although the new world of digital media can be confusing, most states, including Arizona, are instituting laws that help make websites (and other digital media) more ADA-friendly and compliant.

Thousands of businesses face lawsuits that cite violations under the ADA and other nondiscrimination laws. To avoid these ever-increasing issues, your website needs to be ADA-compliant.

So, as an Arizona business owner, you must ensure that your digital media follows the state’s guidelines and is in line with all ADA requirements. This state commitment covers websites and all digital media so that their websites and all digital media are fully accessible to people with disabilities. These mandates help to ensure inclusivity for all users with disabilities. Arizona strictly enforces website ADA compliance through strict regulations and will apply fines and other consequences for any non-compliance.

The ADA law in Arizona is linked directly to the Americans with Disabilities Act, which is the federal law that prohibits discrimination against individuals with disabilities. This law ensures that all citizens with disabilities are treated fairly and provides reasonable accommodations so that disabled citizens can work with digital media and more.

You should be aware that the most critical reason your websites must be accessible is the growing number of people with disabilities. The World Health Organization and CDC have compiled statistics that show that nearly 26% of America’s population has a disability.

By having an accessible website, you are following state laws and reaching a much broader audience and a vast, mostly overlooked, new market.

The most valid reason is that making your website more accessible for disabled people is the right thing to do. However, digital media is an ever-evolving platform, and to ensure your business is compliant or register a complaint as a disabled person, you should enlist the professional help of a knowledgeable disability law firm.

What Is WCAG and How Does It Affect the Standards For ADA Website Compliance?

As a business owner or a disabled American, it can be challenging to know exactly how the Americans with Disabilities Act (ADA) applies to websites amidst all the legal changes and jargon. Still, the simple answer is that your website must be compliant.

The ADA itself does not have technical standards for web accessibility, and it is recommended that you refer to the Web Content Accessibility Guidelines (WCAG) to evaluate your website and all your digital content. Although WCAG guidelines may not be in Arizona law, past legal rulings and disability claims against businesses have set WCAG 2.0 Level AA as the benchmark for full web accessibility for people with disabilities.

The standards outlined by the WCAG are the benchmark for web and digital accessibility. Recently, the most up-to-date guidelines were published and include 61 criteria for web access that will ensure compliance. These features make your website more accessible, including a screen reader, assistive technology compatibility, clear contrast, the ability to enlarge print, and much more.

If you are a business looking to comply with the WCAG standards, there are four essential accessibility items to always be mindful of they are;

  • Perceivability – All your website content must be detectable to disabled users. This includes users with hearing, visual, or additional sensory impairments.
  • Operability – Your website should be comfortable to navigate for people with disabilities, and its interface should be user-friendly.
  • Understandability – Disabled users must understand web content and navigate the various pages easily.
  • It Should Be Robust – Content for all, including people with disabilities, must be available if your website changes.

Admittedly, this can be challenging to understand, and professional legal and technical help should always be used if you are attempting to ensure ADA compliance and stay out of expensive lawsuits.

How Do I Know My Business Must Comply With the ADA or WCAG Guidelines?

Admittedly, this area is still a bit vague, but based on how the Arizona courts have interpreted the ADA and WCAG standards, ADA web compliance must be followed for businesses with digital media in two significant categories these are;

  • All websites for state or local governments or funded by them – The ADA requires organizations and businesses in these categories to ensure their web content is accessible to those with disabilities.
  • Websites for businesses – Any businesses open to the public must provide complete and equal access to all their web content and digital media to all users, including users with disabilities.

This is a tricky legal area, but over the past 15-20 years, numerous lawsuits and substantial settlements have been filed due to website accessibility barriers for people with disabilities. From 2021 to 2022, there was over a 12% increase in website accessibility lawsuits.

Also, remember that this increase does not include demand letters sent by disabled persons related to web accessibility; that number was over 1,500 per week. These letters typically listed web accessibility problems that disabled Americans found on business sites, and if the proper legal circumstances exist, they may all seek monetary compensation.

What is Arizona’s Current Stance on Website Accessibility?

Arizona’s Website Accessibility Policy and current legislation are trying to establish a statewide policy that provides full accessibility to disabled persons by developing and implementing these features in its Arizona State government websites. Laws and guidelines are being instituted to minimize the technical barriers to accessibility for individuals with disabilities.

For example, all websites covered by Arizona’s accessibility standards must;

  • Use highly contrasting colors.
  • They must-have text for all images.
  • Thorough and properly tagged lists and tables.
  • Have transcripts or captions for all audio and video content.
  • And the websites must provide text-only and downloadable PDF versions of other web content, etc.

This is a lot to keep up with, but every day, more and more lawsuits and valid complaints are being filed by disabled Arizona citizens who cannot use outdated or non-compliant websites. If your business has been exposed to these possibly significant lawsuits, the help of a qualified Arizona disability lawyer is mandatory

I’m An Arizona Business Owner and Must Comply With Arizona’s Website Compliance Guidelines; What Should I Do?

First, understand that the ever-evolving world of digital media is moving forward rapidly, and trying to keep up with constant new legislation requires professional legal and professional help, especially with the current increase in noncompliance lawsuits.

You probably have technical support, but you also need the professional advice of a skilled and experienced Social Security Disability lawyer to stay ahead of issues and expensive lawsuits.

The Social Security Disability Lawyers at Roeschke Law know the ins and outs of disability law and can help you avoid possible fines by the state or, worse, the impact of significant lawsuits. Call them today at (800) 975-1866, as they have the resources and lengthy experience to keep your business’s online platform legal and compliant.