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

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?

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.

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.

How Long Do Arizonans Typically Wait for Social Security Disability Approvals?

Is There Any Waiting Period Before I Can Apply for Social Security Disability in Arizona?

Applying for Social Security Disability benefits is always a challenging and lengthy process. This is why most people attempting to navigate the process alone get incorrect applications returned, must start over, or even are denied.

There is commonly a “waiting period” before you can apply for SSD benefits that lasts for five whole months after the onset of your disability.

However, if your approval for disability benefits lasts more than five months, you may receive a “retroactive payment” for the extra months. For example, if you are approved ten months after your disability began, you could get a retroactive payment for five months all at once. There is also no waiting period if you apply for childhood disability benefits (CDB).

All disability cases have unique circumstances, but as a general rule, if you apply for SSD in Arizona, it usually takes one to five months for your initial application to be reviewed and decided upon.

This is only a general rule, and the process may take longer in many cases. This would depend on your case’s complexity and the Social Security Administration (SSA) workload in your area.

Once the SSA has decided on your case, you will get a disability determination notice. This letter states whether they’ve approved or denied your application. However, these letters can have caveats and be confusing. Even if you’re approved, you should consult with a skilled, experienced Social Security Disability lawyer to ensure you understand it thoroughly. This is especially true if you are initially denied, as you should appeal, as there are deadlines, etc., that must be dealt with professionally.

The only valid way to speed up this usually daunting and lengthy process is to obtain the help of a qualified, thorough, and diligent SSD law team. Mistakes on applications, missing paperwork, etc., will all make this process longer and may even get you denied. Your SSD lawyer will always ensure that your paperwork is handled professionally, no mistakes are made, and you apply for all the benefits you’re entitled to.

What Does The SSA Do When Making a Decision on My Application

When the SSA gets your full application, along with all the documentation and contact information needed, they send it to the state agency that makes disability decisions.

The SSA has medical and vocational experts who will contact all your doctors, physical therapists, etc., and get a complete and detailed report on your condition, your prognosis, and more.

Usually, you will be sent another set of forms to complete or even be asked to have an examination or other medical testing at one of their designated doctors.

It’s vital to note that if the SSA does request additional examinations or testing, you must always follow through and go to any appointment they set up. Commonly, you will not pay out of pocket for any of these further examinations or tests, but taking them is critical to the approval process.

This is another part of the process where the help and guidance of your Social Security Disability lawyer will prove invaluable to your success. The application process can get highly complex, and dealing with the SSA is a skill that your law team has developed over time, and this skill can significantly aid in your SSD approval.

What If, After Five or Ten Months, the SSA Denies My Application?

Going into this application process, be aware that the SSA will often turn down your first application for disability benefits. However, you have options, and you can request a different examiner or medical group to reconsider your claim, among other things.

Also, if initially denied, you and your lawyer can file for a hearing with an SSA administrative judge. The SSA has a singular system formed and operated solely for this purpose.

You must go to a hearing, which is often required, before getting your SSD approval. These hearings commonly result in about twenty-five percent of SSD applicants getting the benefits they deserve.

These hearings usually last about an hour but could last considerably longer, depending on the complexity and circumstances of your case.

Also, Social Security Disability hearings can take place in different places and ways, such as:

  • Both you and your SSDI Lawyer can go to a Social Security Administration (SSA) office in your area.
  • Many hearings are currently held online in your lawyer’s office.
  • Some can be done with a simple phone call.
  • Additionally, teleconferences can be held at an SSA facility if you don’t have the needed tech equipment.

This is just another reason that the help of a skilled, experienced, and knowledgeable SSDI lawyer is mandatory. These hearings are not trials and are much less formal; it is always in your best interests to have your SSDI lawyer by your side.

Are There Ways I Can Speed Up the SSD Application Process?

Yes, there are ways to attempt to speed up this application process, and your experienced SSD lawyer will be able to help you the most in this regard.

For example, the Social Security Administration (SSA) can expedite processing for certain applicants with specific medical conditions, facing challenging circumstances, or serving in the U.S. military. If you aren’t in one of these groups, there still are steps you can take to try to speed up the process.

Your lawyer will explain that if your medical condition qualifies, you may be entitled to expedited processing under two Social Security programs, “Compassionate Allowances” and “Quick Disability Determinations” (QDD). A little over 175,000 claims yearly are fast-tracked, especially if your lawyer files their applications electronically and online.

You don’t have to ask for a Compassionate Allowance or QDD, as the Social Security Administration uses digital means to flag potentially eligible applications. However, your lawyer will usually know if you have a qualifying condition, and all disability experts know that it won’t hurt to note that on your application form.

I Need To File For Social Security Disability and Need My Benefits Fast; How Should I Proceed?

The best advice if you want to expedite the application process for receiving Social Security Disability benefits is not to attempt to navigate this government maze alone. An experienced, knowledgeable, and thorough SSD lawyer will take the time needed to analyze your singular case and its specifics thoroughly, help you process it efficiently and correctly, and cut through as much of the red government tape as possible.

Your lawyer may also know more about what benefits you may be missing and will work tirelessly to help you get all you deserve.

The Social Security Disability lawyers at Roeschke Law LLC are dedicated to giving you informed, empathetic, caring, and efficient means to apply for and receive the SSD you are entitled to.

Call them today at (800) 975-1866 for a complete case evaluation on how to proceed most effectively to obtain the total Social Security Disability benefits you and your family need.

What are the Top Mistakes Made When Applying for Social Security Disability in Arizona?

What Can I Do To Improve My Chances of Getting the Social Security Benefits I Deserve?

You have worked diligently and hard all your life, but now you find yourself in a dire situation where you must apply for Social Security disability benefits. This is a challenging and sometimes emotional decision, but you earned these rights, and they’re meant to be there when you need the

Every year, millions of Americans and their families face this issue, and if you currently have a disability from an accident or illness, you need these benefits now. However, when starting the application process, it can be overwhelming. Even if you make a mistake on any of the numerous documents needed, you could have to start over or just be denied benefits.

Therefore, it’s always prudent and wise to consult with a disability law firm and obtain their professional assistance throughout the process. Your SSD lawyer is experienced and well-versed in knowing how to analyze your case, what to include in the application, and what is required to get the benefits you are entitled to.

Each case is unique, but the items below will improve your chances of getting the needed benefits.

  • File your claim as soon as possible – Never hesitate to start your application, as you need benefits now, which could be a lengthy process.
  • If you must appeal, do it within 60 days – If you are initially rejected, your lawyer will expedite your appeal while your case is still active.
  • Provide full and inclusive disclosure of your medical history and treatment – Thorough and detailed medical information is vital to approve your claim; your SSD lawyer is an expert at gathering what’s necessary.
  • Provide recent proof of your current treatment – This is vital information that helps prove that you are still suffering from your injury or ailment and being actively treated.
  • Report all your symptoms accurately, don’t exaggerateBe accurate in all your information, but do not embellish or lessen it.

Your case is unique, and more may be needed, but these documents, forms, and information must be complete, in-depth, and comprehensive. Ensuring all these forms are filled out correctly is mandatory for your SSD approval, and consulting with your Social Security Disability lawyer will significantly increase your chances of getting the benefits you need.

What Are Some of the Most Common Mistakes When Applying For Social Security Disability Benefits?

Filing for Social Security Disability benefits is always challenging and usually highly frustrating if you try to do it alone. There’s also the chance that you are missing benefits that your lawyer would know about and, therefore, you don’t get what you deserve.

For example, if denied, many people fail to appeal or don’t follow through on the ongoing medical care they need. Although the SSA does outline how to apply for disability benefits, the wise move is never to attempt to apply for these benefits on your own.

The most common mistakes that people make when applying are;

  • Always thoroughly do your researchDo your research and find out all the available benefit options, check to see if you qualify, and get organized.
  • Check the status of your claim regularly – Even minor issues may delay your case, but if you’re aware of them and they are corrected, this will move your case along much more rapidly.
  • Missing appointments or deadlines – Deadlines on all applications are critical. For example, if you are denied, you have 60 days from receiving your denial notice to request an appeal or start over.
  • Never exaggerate your illness or disability – Always be as truthful as possible about your disability and the dire impact it has had on your life. Honesty is critical in your application process.
  • ·Continue to receive your medical treatment – Solid and current evidence must prove that your medical condition doesn’t allow you to work at your current job.

The most common and harmful error you can make is believing you can handle your application and case alone. This is the most common reason your claim may be denied. Therefore, if you want your application done precisely, correctly, and rapidly, you should always enlist the help of a qualified, professional San Diego Social Security Disability lawyer to assist in this process from beginning to end.

If My Application Is Incomplete, Will I Automatically Be Denied Benefits?

Unfortunately, yes, that may be the case. Filling out your application is your first (and possibly last) chance to tell your story to the SSA. So, it would be best if you were specific and detailed in the application and process.

The SSA will only use the information you initially provide to evaluate your claim. You could be denied if you miss or don’t provide enough detail.

The SSA will use the names, dates, and contact information you provide to search your medical records. They will usually order records up to 1 year before you tell them that your disability began. If you omit past medical providers’ contact information, they will not be able to get records in that period; this will almost always hurt your case and impact their final decisions.

Remember, you are entitled to these benefits, but you will only get what you deserve if the SSA has a complete list of your conditions. Applying correctly, with all the proper information, is critical to receiving your benefits, and your skilled, thorough, and experienced SSD lawyer is well-versed in this challenging matter.

What Does the SSA Use To Make Decisions on My Eligibility For SSD Benefits?

Deciding on your benefits is a highly detailed process, as the SSA must determine if you are genuinely disabled and receive benefits.

They usually start with your job and if you still can perform it. They must also know if you learned other skills while doing your recent job. The SSA will not deem you disabled (or provide benefits) unless your illnesses, injuries, or conditions prevent you from doing your job.

All information regarding your education and training is vital to this process. They may feel you can’t do your current job, but you might be suitable for other work due to your age, education, training, and work experience.

Always remember that each SSD case differs, but your skilled disability lawyer is highly familiar with how the SSA makes decisions and will provide all the documents and proof possible to validate and successfully prove your case and receive the benefits you deserve.

I Should Apply For Social Security Disability Benefits; How Should I Proceed?

At any moment, illness or injury can cut you off from earning a living for yourself and your family. This is when Social Security Disability benefits become vitally important to your future. However, this application process is daunting, overwhelming, and complex and involves stacks of documents, medical records, and much more.

Consulting with an experienced, knowledgeable, empathetic, and thorough San Diego Social Security Disability lawyer will help to ensure you file correctly and comprehensively the first time.

The disability lawyers at Roeschke Law, LLC understand how complex this process is, especially while coping with a dire medical condition. But they stand ready to provide you with professional representation in a caring, professional, communicative, and detailed manner.

Call them today at (800) 975-1866, and they will help to ensure you obtain the disability benefits you need and rightfully deserve.

Woman sitting with SSDI attorney

What Medical Conditions Qualify Someone for SSD Benefits?

Nobody wants to be dependent on the government to make ends meet. But when medical conditions prevent you from working, few other options exist. 

Social Security Disability (SSD) exists to provide for those unlucky few who are incapable of making a living due to a medical condition. But because it is a government program, there is a lot of red tape involved with getting SSD benefits.

The first requirement is having a condition that qualifies. Not all medical conditions that limit your ability to work will qualify you for SSD. And some conditions may qualify you only if you put in the extra effort. When navigating SSD, it is best to get advice from a disability attorney.

Social Security Maintains a List of Qualifying Conditions

The Social Security Administration (SSA) maintains a list of conditions that qualify for SSD. This list includes:

  • Immune system disorders
  • Mental disorders such as depression or autism
  • Musculoskeletal problems
  • Impaired vision, speech, or hearing
  • Respiratory dysfunction
  • Neurological disorders like epilepsy
  • Blood disorders
  • Cardiovascular conditions

If you have one of the conditions on this list and it impairs your ability to work, you qualify for SSD. This list is specific to adults. Children can also qualify and have a nearly identical list that also includes growth impairment.

Proving Your Condition Qualifies

Just because you know you have a medical condition that qualifies, that doesn’t mean the SSA is aware. To receive SSD benefits, you need to prove that your condition qualifies.

To prove your condition qualifies, you will need a physical examination from a doctor. An examination from your personal physician is usually sufficient to prove that your condition exists but may not be sufficient to prove it impairs your ability to work. For the latter, you will likely need to be examined by an independent physician.

No matter who is examining you, the more evidence you can provide to the SSA, the better. The best evidence comes from the results of tests like:

  • MRIs
  • CAT scans
  • X-rays
  • Blood work panels

Unlike the opinion of a doctor or therapist, this type of evidence is more difficult to refute.

Medical Conditions Not on the List

If you have a medical condition that isn’t on the approved list, you may still qualify for SSD benefits. However, to do so, you have more work to do.

The main hurdle is that you need to prove that your medical condition significantly limits your ability to work. A doctor will test your capacity to function for extended periods to determine this. 

These tests are both for active work and sedentary work. Thus, if you can effectively sit at a desk for eight hours a day, it doesn’t matter that you can’t perform physical labor for that period.

If the tests reveal that you have minimal or no ability to work for extended periods, then it doesn’t matter if your medical condition is not on the official list. That is all of the proof you need that your medical condition qualifies you to receive SSD benefits.

Appealing a Decision by Social Security

Even if you should qualify, you might be turned down for benefits by the SSA. If this happens, you can appeal the decision. Before you appeal any decision, you should hire an experienced Social Security attorney.

Social Security attorneys are familiar with what evidence is most likely to get you benefits and know how to navigate the system. Your chance of succeeding on an appeal is much higher if you have a Phoenix, AZ, disability attorney from Roeschke Law, LLC, representing you. Get in touch with our office today.

Older woman upset about being scammed

Social Security Scams and How to Avoid Them

Scam artists can strike anyone, young or old. New scams are being reported all of the time and are becoming more sophisticated. Social Security scams are well-documented. With millions of people each year receiving benefits, it’s not surprising that these people become victims.

The most common tactic is for a scammer to impersonate someone who works for the Social Security Administration (SSA). The goal of any contact made by a scammer is to obtain and then exploit legitimate Social Security numbers and personal information. 

Common Ways Scammers Make Contact

There are several ways in which scammers will try to trick you into giving them your information. Most often, they will reach out to you as if they are a government employee. They may even have some of your information that makes them seem to be more legitimate. 

Common ways a scammer will contact you include:

  • Phone calls that warn of improper Social Security activity and threaten jail time or fines
  • Friendly phone calls trying to sell SSA services
  • Phishing emails that appear to be from the SSA
  • Fake letters that purport to be from the SSA

At times, it can be difficult to determine what is fake and what is real when it comes to scammers and their artistry. They set out to be deceptive and are quite adept at seeming legitimate.

Ways to Recognize a Scam

There are certain times the Social Security Administration may reach out to you by phone, but telltale signs can let you know when a caller is not with the SSA. When Social Security makes contact, they will never:

  • Make any kind of threat to you
  • Ask for your Social Security number
  • Suspend your Social Security account or number
  • Require that you make an immediate payment
  • Ask for payment by cash, wire transfer, prepaid debit card, or gift card

Social Security may also contact you by email or text messages to make you aware of certain services. SSA will never ask you to return a phone call to an unknown number. 

What to Do if You Suspect You Are on a Fake Call

Social Security scam artists can sound convincing. They can give themselves fake but official-sounding titles, some of which are authentic. Some things to keep in mind if you receive a fake phone call include:

  • Be skeptical if someone calls claiming to be from the SSA
  • If you feel uneasy, simply hang up the phone
  • Call Social Security customer service at 800-772-1213 to ask if someone was trying to reach you
  • Do not click on any email links in a purported SSA email

You may not always know when you’re giving information to a scammer. Following the above tips can help you avoid the unintended consequences of sharing your information with someone whose intention is to exploit your identity.

What to Do if You’ve Been Scammed

If you think you have been the victim of a Social Security scam, you should report it immediately. Call the customer service line listed above and they can connect you with the SSA Office of Inspector General Fraud. You can also report the scam at oig.ssa.gov.

Other steps to take include:

  • Set up credit monitoring — banks sometimes provide this service for free
  • Place a credit freeze on your account with the all credit reporting agencies
  • Place a fraud alert on your credit report — this requires businesses to contact you if someone tries to open an account
  • Contact a Social Security attorney

Roeschke Law in Phoenix, AZ, handles Social Security disability claims. If you receive SSA benefits and have been the victim of fraud, call today.

Injured Man Filling Insurance Claim Form

How Chronic Pain Is Evaluated in Social Security Disability Claims

Chronic pain can make everything about your life more difficult, from working to taking care of your family and even preparing a meal. Many people with chronic pain may seek disability benefits from the Social Security Administration (SSA), only to be denied. 

If this has happened to you, an experienced legal team may be able to help you get the benefits you’re entitled to. Read on to learn about the process of collecting SSA disability benefits.

Qualifying for SSA Disability Benefits

The SSA has a list of medical conditions and injuries that automatically qualify an individual for benefits, but unfortunately, a state of chronic pain is not one of them. Instead, even if the pain is debilitating enough to impact your ability to work, you must prove that the pain stems from an underlying medical condition that the SSA covers.

Medical conditions that cause chronic pain listed in the SSA Blue Book of qualifying disabilities include:

  • Inflammatory Bowel Disease (IBS)
  • Back and spinal injuries
  • Inflammatory arthritis
  • Neurological disorders
  • Somatoform disorders
  • Chronic renal disease or kidney failure

To support your claim with the SSA, you’ll need to have your medical condition verified, including medical records, X-rays, tests, documented results of a physical exam, and a diagnosis from one or more doctors. If you have a second opinion that diagnoses you with the condition, that will bolster your SSA disability claim.

Can I still get benefits even if I don’t meet the SSA criteria?

Even if you don’t meet all of the criteria in the SSA Blue Book, you may still qualify for partial benefits if you can prove that your condition prevents you from working. The SSA will then assess your highest functioning capacity to determine whether you’re capable of performing any work at all.

The Residual Functional Capacity (RFC) assessment determines the persistence, intensity, and other effects of your pain, including:

  • The location, intensity, and frequency
  • Any factors that make the pain worse
  • Whether your pain management regimen or medications can alleviate pain

The assessment covers work-related tasks, including standing, sitting, walking, and remembering information, as well as the impact of your pain on your ability to complete these tasks. If the assessment indicates that you’re unable to complete essential, basic job functions, then you may qualify for benefits.

Establishing Your SSA Disability Case

Your credibility goes a long way toward the outcome of your case. You’ll be asked about your abilities to complete daily activities, from bathing and grooming to caring for your children, cleaning your home, or preparing meals and shopping for groceries. You’ll also be asked for a list of things that you can accomplish on your own, even if you need modifications, such as a wheelchair or frequent breaks.

Whether you sought medical treatment or not is also important in establishing your eligibility for benefits. The SSA may not believe that you’re suffering from severe pain if you haven’t been to the doctor for help.

A Social Security Disability Lawyer Can Help

Obtaining benefits if you’re living with chronic pain can be difficult. You’ll need plenty of evidence to build your claim if the SSA initially denies it. We can help. 

Roeschke Law, LLC of Phoenix, AZ, is a team of Social Security disability attorneys fighting to protect your rights and get you the benefits you deserve.

We work with you through every step of the process and help you find medical professionals in your area who understand the underlying medical conditions that cause chronic pain. 

Call Roeschke Law today or visit us online to learn more and schedule a free legal consultation.

Man meeting with SSD lawyers

Do You Need a Lawyer to Receive Long-Term Disability Benefits?

Long-term disability (LTD) insurance protects you from losing your income if you become unable to work due to an injury or chronic health condition. You may choose to participate in a group plan offered through your employer or purchase insurance on your own.

While this type of insurance benefits many people, filing a claim can be complicated, and having one denied can make a difference in whether you can pay your bills each month. A long-term disability lawyer may be able to help you in several different ways.

Lawyers Help You Understand Your Policy Better

Insurance policies can be challenging to understand, but a lawyer can help you figure out the terms of your policy and what your long-term disability will qualify you for, as well as any deadlines, restrictions, and conditions the policy contains. 

If they determine that you meet the policy’s conditions for benefits, they can also advise you about what evidence the insurance company will need to support your claim. They’ll also note any potential pitfalls as you file your claim and help you avoid them.

Lawyers Ensure You’re Compliant with Disability Laws

The federal law regulating long-term disability claims, the Employee Retirement Income Security Act (ERISA), applies if you’re claiming your long-term disability benefits through your employer. It’s a complicated system of statutes and often favors insurance companies, making it challenging to navigate on your own.

For example, if your initial claim is denied, a lawyer can examine your case and help you appeal it in court or avoid common mistakes that get a claim denied in the first place. 

You may also need to submit certain paperwork at specific times throughout your filing process, which a lawyer can help you collect and submit before the deadline, keeping your case on track.

Lawyers Hold Insurance Companies Accountable

Insurance companies may try to deny your claim or argue that your disability is more minor than it is in reality. Or, they may drag their feet processing your claim or fail to follow all government regulations. A lawyer who understands the nuances of insurance law will make sure the insurance company is following the rules when processing your claim.

Your disability attorney will document any violations of your rights by the insurance company and may even pursue legal action against them if they don’t comply. Once an insurance company realizes you have a legal advocate on your side, they’ll often process your claim quickly to avoid a lawsuit or going to court.

Long-Term Disability Lawyers Work for You

Handling the long-term disability claims process, especially if you’re recovering from an injury or managing a chronic, painful health condition, can be difficult on your own. The claims process is lengthy, and responses from the insurance company may be filled with legalese that you don’t understand. Your disability lawyer takes the legal burden off your shoulders, allowing you to heal.

At Roeschke Law, LLC, we handle the entire disability claims process for you, from completing the initial filing to gathering the appropriate evidence and hiring expert witnesses to examine you or testify on your behalf. 

We’ll also handle communication with the insurance company, including drafting responses for you and making sure that they’re in complete compliance with federal guidelines. Our legal team is committed to getting you the benefits you’re entitled to.

Living with a long-term disability is difficult, but getting your monthly benefits doesn’t have to be. Call us at Roeschke Law in Phoenix, AZ, today or complete our online contact form to discuss the circumstances of your case or appeal.

Man filling out SSD application

When Should You Reopen an SSDI Claim?

If you’ve applied for Social Security Disability Insurance (SSDI) benefits and had your claim denied, you have only a small window of time to appeal the decision and review your claim. If you miss the deadline or decide that you don’t want your claim reviewed, the Social Security Administration (SSA) closes your case.

However, you may still have a chance to receive your disability benefits, even if your initial claim was denied. An experienced Arizona Social Security and disability lawyer can help you explore your options and ensure that your rights are protected.

What are the reasons to reopen a disability claim?

People who receive disability benefits typically receive back pay to the date of the initial application, so it’s often in your best interests to reopen an existing claim rather than file a new one. Many people who successfully appeal their claim will receive a higher amount of back pay.

When can I reopen my Arizona SSDI claim?

In order to reopen a claim, the SSA requires that any changes be related to the new, current claim. For example, if the condition that prompted you to file the initial claim worsens, then you may reopen the claim. 

However, if you have an entirely new medical condition or disability, then you will need to file a new claim. If the two disabilities aren’t related, the SSA won’t reopen the prior claim.

Your ability to reopen the claim also depends on when you filed the first claim. The onset of the second disability must have occurred within the timeframe covered by the first claim.

Reopening the Claim Within 12 Months of the Decision

If you’re reopening a claim within 12 months, you may reopen it for any reason, including if your initial claim was denied by an administrative law judge or the Disability Determination Services.

It’s more difficult to reopen an SSDI claim after 12 months have passed, and you may benefit from legal representation.

Reopening a Claim Between 12 Months and Four Years Later

These claims can only be reopened if the SSA determines there is reasonable cause. The two chief reasons that a claim in this timeframe will be reopened are if there is new, material evidence not available when the initial claim was filed, or if there was a clerical error that resulted in an incorrect determination.

Reopening a Claim More than Four Years Old

It’s very rare that a claim denied more than four years in the past will be reopened. This would only happen, for example, if a witness made false statements, if the claimant was declared dead and was later found alive (very unusual), or if there was an error on the face of the decision.

How can I reopen my SSDI claim?

You will need to file a new application for disability benefits and request in writing that your old claim be reopened. Your application needs to state that the onset date of the disability fell within the timeframe of the initial claim, which, for SSDI applications, is 17 months.

Your Social Security lawyer may request a hearing before an administrative law judge to appeal reopening your claim. They may have a medical expert testify or bring forth new evidence that supports your claim.

Do you need an SSDI attorney?

The Social Security appeals process and the statutes surrounding it can be confusing. The legal team at Roeschke Law, LLC, in Phoenix, AZ, can help. We’ll explain your options and whether you have a chance for a successful appeal or not. 

We charge attorney’s fees only if your claim is approved, and we offer a free, no-obligation consultation about your case. Get in touch with our office today.