Category: Social Security Disability

Q: Does every disabled person dream of escaping their disability?

As disability attorneys of Arizona, we fill our days helping the disabled obtain benefits. Sometimes people are born with disabilities and other times the onset of the disability happens gradually or suddenly at some point later in life.

Applying for disability benefits can be a stressful and time-consuming process. For that reason, many people choose to hire a skilled disability benefits law firm to handle the initial application.

While it is possible to appeal the denial of disability benefits, the appeals process is so backlogged and has an average waiting time of over two years. People are literally becoming homeless and even dying waiting to have their disability benefits approved.

For many who are disabled or who are caretakers for loved ones suffering from a disability, there are very real financial burdens in obtaining available government benefits necessary for survival. Even in the best-case scenario, when hard to come by benefits have been approved on the initial application, it can be difficult to survive or lead a minimalist lifestyle on disability benefits alone. That’s one of the reasons why many disabled people, if they are able to do so, work or return to work.

We’ve previously discussed on this blog the social stigma that those who stopped working due to a disability are just lazy freeloaders who would rather collect benefits than return to work.

But the recent death of Stephen Hawking forces us to reflect on other possible social stigmas or improper assumptions–that all disabled people wish they could shed their disability and that all disabilities are a burden. The theoretical physicist is arguably the most famous face of the disabled of our time. Nearly everyone has seen this brilliant mind trapped in an ALS-ridden, progressively deteriorating body. He used the most sophisticated and supportive wheelchair and spoke with a robotic voice through the use of modern technological devices. He reportedly was stricken with ALS at the age of 20 but had a brilliant career and the world has benefited through his scientific contributions over the past 50 years.

Since his recent death, however, images and comments on social media and elsewhere depicting him “walking among the stars” and finally “free of the burden” of both his wheelchair and physical disability sparked an unintended backlash from the disabled community nationwide. Disability advocates, of which Hawking himself who was one, argue that society needs to stop assuming a disability is negative or undesirable and needs to embrace the disabled, accept them as able, and provide them the tools they need for inclusion so they can reach their full potential.

If you or a loved one is suffering from a disability and needs assistance applying for benefits or appealing a denial of benefits, the disability attorneys at Roeschke Law can help you. Contact us today for a free consultation.

From our offices in Phoenix, Tempe, and Tucson, we help the disabled and their families in all aspects of disability law throughout Arizona and nationwide.

Q: Are the disabled at risk in emergency situations?

The idea of becoming disabled and applying for Social Security disability benefits is frightening. 
The federal government offers two different disability benefits programs through the Social Security Administration. One is Social Security disability insurance (“SSDI”) and the other is supplemental security income (“SSI”).  Both programs require an applicant to satisfy the federal government definition of being “disabled”– the inability to engage in substantial gainful activity due to a medically determinable impairment that has lasted or is expected to last a minimum of 12 months or result in death. 
In addition to suffering from one of the government’s many approved physical or mental conditions– which include blindness and hearing loss and many others– qualifying for disability benefits also requires meeting the other criteria of the program to which you are applying.
Under the best circumstances, in which disability benefits are awarded quickly, many applicants still struggle financially because their check is only a portion of their prior income and they’ve fallen behind in their bills while waiting for benefits to kick in. 
But there is another problem that many disabled people fear—it’s the stress of how to survive in an emergency situation.
Recent devastating hurricanes, wildfires, and similar disasters nationwide have put a spotlight on the problem that emergency broadcasts for disabled people whose vision or hearing are compromised are dangerously inadequate. Deaf people may not hear audible notices and blind people can’t see visual cues or flashing lights. Untrained or unqualified sign language interpreters compound the problem. 
An example of this was last year in a Florida press conference on Hurricane Irma when an “unqualified interpreter” reportedly signed to area residents to “Need be bear monster” and “Toys for who Mexican” instead of properly advising them of the need to evacuate to higher ground. 
Imagine the fear of not being able to access effective emergency communications and services during a disaster as a result of your disability? 
A Phoenix senator recently introduced a bill to compel state and local governments “to ensure that emergency communications for people with disabilities are equally as effective as communications for those without”. The bill would also establish “a system for securing licensed interpreters”. Hopefully reform will follow.
If you think that you might be entitled to government benefits due to a disability, the disability attorneys of Arizona at Roeschke Law can help you. We can handle your initial application or help you appeal a denial at any phase of the process. There is no fee to you unless you win.  Contact us today for a free consultation.
From our offices in Phoenix, Tempe, and Tucson, we represent the disabled throughout Arizona. It is all we do.

Q: Are Social Security disability benefits recipients really disabled or just lazy?

Qualifying for Social Security disability insurance (“SSDI”) is not always easy. Even those who are ultimately approved, often wait months or even years for that approval, especially since 2/3 of initial applications are denied.

Since much news regarding Social Security disability benefits is focused on how long and hard a process applying for disability benefits can be, many people – – including those fortunate enough to eventually be approved – – look at Social Security disability benefits recipients as being “lucky”.

Sure, recipients may feel “lucky” to have finally been approved for benefits before losing their homes or dying from complications of their injuries or illnesses–something that happens far too often. And while recipients may feel “lucky” to have some bit of financial compensation, it’s generally a far cry from the salary and benefits they were earning prior to becoming disabled. Even with benefits, many recipients live just above or below the poverty level. So, are they really “lucky”?

But in our work-obsessed society, many able-bodied people stigmatize SSDI benefits recipients as being lazy, freeloaders, or even frauds who aren’t as sick or injured as they claim and just want to collect a government check for doing nothing or next to nothing forever.

For many SSDI benefits recipients, nothing could be farther from the truth.

First of all, those applying for disability benefits through SSDI have to have worked and paid into the Social Security system for the requisite number of hours and years in order to be eligible for benefits. Then, they must qualify under the government’s stringent definition of “disabled” by proving they are suffering from one or more of the recognized physical or mental disabilities.

With the serious delays and intense scrutiny that goes into the review of SSDI applications and appeals, the amount of proof required for an approval surely weeds out the vast majority of would-be fraudulent claims. The idea that one would choose to suffer daily from the mental or physical disability so severe that they can no longer provide for themselves or their families– but would rather subsist on a meager government subsidy– is mind-boggling.

Many people who receive SSDI benefits want to work but are either no longer able to (SSDI).

No longer being able to work is a blow to the pride of many benefit recipients. So much so, that those who are able to will often attempt a return to the workforce so they can get off SSDI government assistance. And those who can’t return, often look for ways to give back and feel useful like doing volunteer work when they are able.

When you are faced with a physical or psychologically disabling condition, your whole life can be turned upside down. If you are unable to work, the financial burden, when added to your physical or mental pain, can be overwhelming. Trying to navigate the complicated process of applying for disability benefits on top of all that you’re already dealing with could result in delays and mistakes in your application.

If your application is denied, the appeals process is lengthy—and you continue to wait for money to pay the bills. Hiring a skilled Social Security disability benefits attorney who knows the procedures may increase the chances of your application being granted the first time around or a subsequent appeal being successful.

If you or a loved one needs help applying for disability benefits or appealing the denial of benefits, the disability attorneys of Arizona at Roeschke Law can help. Contact us today for a free consultation.

From our offices in Phoenix, Tempe, and Tucson, we represent the disabled in all Arizona counties and cities.

Do I qualify for Social Security Disability Insurance?

Helping the disabled navigate the complicated process of applying for Social Security Disability Insurance benefits (“SSDI”) is what Arizona disability attorneys do best.

And considering that approximately 2/3 of all initial applications for SSDI are denied, trusting your application to an Arizona disability law attorney could mean the difference between an application or appeal being granted or denied.

You might be wondering: Do I qualify for SSDI benefits?

Eligibility is tough and presents several obstacles to applicants. First, SSDI benefits are only available to people who have worked the requisite number of hours and years and paid into the Social Security system through withheld FICA taxes. Even if you satisfy that requirement, your eligibility will have expired if you haven’t worked for at least five of the last 10 years in “Social Security-covered employment”.

In addition, you must meet the government’s definition of “disabled” and be suffering from one or more of the Social Security Administration’s approved list of qualifying physical and/or mental conditions. Further, the medical condition must prevent you from engaging in “substantial gainful activities” and be a health problem that has lasted or is expected to last for 12 months or more will result in death.

You also must be younger than your full retirement age in order to apply for SSDI benefits. And SSDI benefits recipients will automatically have their disability benefits converted to Social Security retirement benefits upon reaching full retirement age.

Time is not a friend of the disabled.

Even those 33% of applicants who are fortunate enough to have their initial SSDI application granted have often waited several months for that decision. For the majority – – the 2/3 of applicants who got initially denied– the waiting time for an appeals hearing is pushing two years.

Who can afford to live without disability benefits for several years?

Sadly, many of those appealing a denial of Social Security disability benefits become homeless or die while waiting for their hearing.

If you are unable to work as a result of a disability, the disability attorneys of Arizona at Roeschke Law can help you navigate the difficult disability application disability benefits application and appeals process. It’s all we do. Contact us today for a free consultation.

From our offices in Phoenix, Tempe, and Tucson, we represent the disabled in all levels of Social Security disability and Supplemental Security Income claims throughout Arizona.

Q: How might income tax reform impact disability benefits?

If you thought applying for Social Security disability benefits in Arizona was confusing, understanding the various programs administered through the Social Security Administration can be just as challenging.

For example, the federal government agency oversees two different disability benefits programs: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”).

Although both disability benefits programs require recipients to satisfy the federal government’s definition of mentally or physically “disabled”, both programs have more differences than similarities. SSDI is based on work credits, which means that in order to qualify for benefits, the disabled person must have worked the minimum number of hours and years and must have paid into the Social Security system through payroll tax deductions prior to becoming disabled. SSI on the other hand is a means based program where applicants must have extremely limited financial resources in order to qualify–work history, if any, is irrelevant.

In addition to the disability benefits programs above, the Social Security Administration is probably best known for administering the Social Security retirement benefits program.  

Like SSDI, Social Security retirement benefits are paid from a fund that is comprised of payroll tax deductions paid over the course of the worker’s life. For retirement benefits, as long as they meet the minimum qualifications, they can begin collecting benefits upon reaching the minimum retirement age. Workers who become disabled prior to retirement age and qualify for SSDI benefits will have those benefits converted to retirement benefits upon reaching the minimum retirement age.

Because proposed upcoming tax reform will likely impact income tax, disability benefits attorneys are watching closely to see what if any impact the new legislation will have on Social Security. Will income tax cuts jeopardize not only the Social Security retirement program –reportedly rumored to be exhausted by 2034 if measures aren’t taken to save it–but also “safety net” programs like Medicare and SSDI? Will proposed privatization options allowing young workers to privately invest a portion of what would be their payroll tax deduction divert needed funds from the Social Security coffer?  Will proposed cost-of-living adjustment reform hurt those living exclusively on Social Security benefits?

Will the decline in disability awards continue as a result of changes in the tax reform bill? Reportedly, “the number of disability applications and award amounts have declined for six straight years”. People are literally dying waiting for disability appeals hearings due to delays in some cases of almost 2 years.

If you or a loved one is applying for disability benefits or appealing a denial of benefits, it’s more important than ever to have a skilled disability benefits attorney on your side throughout the process. The disability attorneys of Arizona at Roeschke Law can help you. Contact us today for a free consultation.

From our offices in Tucson, Phoenix, and Tempe, we represent disabled individuals and their families throughout Arizona.

Q: What is the penalty if I’m caught working while receiving Social Security disability benefits?

One of the advantages of living in America is the availability of federal government programs that provide assistance when hard times unexpectedly hit. At some point during their lifetimes, many working Americans may become physically or mentally disabled and unable to continue to work. When this happens, Social Security Disability benefits “SSDI” may be the lifeline you and your family need to financially survive the crisis. But applying for Social Security disability benefits (“SSDI”) is a time-consuming and often frustrating process.

An Arizona Social Security disability benefits attorney can not only increase the chances of an initial application for benefits being granted, but can also help appeal a denial of benefits at any point in the appeals process. Since about 60% of initial applications are denied, and the waiting time for an appeals hearing can take as long as nearly two years now, can you afford not to have an attorney on your side?

The SSDI system is designed to help those who need assistance—for only as long as they need it. Some people will need it permanently because their condition is not expected to improve or is expected to worsen. Other people–because of rest, rehabilitation, new medication, or other reasons– recover enough to try a return to the workforce. As expected, the government encourages and supports disability recipients’ attempts to return to work– provided they are done in accordance with established government regulations.

When benefit recipients who are legitimately disabled return to work in violation of these guidelines—or when benefit recipients engage in fraud—they can find themselves in very hot water legally.

A woman who reportedly filed paperwork stating that she was not working, was recently “indicted on federal charges of collecting nearly $100,000 in disability benefits while she was working.” She also allegedly used a church’s credit card for her personal use.

According to the indictment, her boss agreed to issue her paychecks in her husband’s name.  Each of the three was charged with one count of Social Security fraud and one count of theft of government funds. In addition, the woman was charged with two counts of making false statements and one count of wire fraud.

The potential maximum punishments for convictions for the above counts are:

• Social Security fraud: 5 years in federal prison and a $250,000 fine
• Theft of government funds: 5 years in federal prison and a $250,000 fine
• Making a false statement: 5 years in federal prison and a $250,000 fine
• Wire Fraud: 20 Years in federal prison and a $250,000 fine.

It’s never too late to get a skilled benefits attorney on your side to help you avoid costly mistakes and delays regarding applying for or appealing a denial of disability benefits—or properly returning to the workforce after a legitimate disability.

If you have questions regarding any aspect of Social Security disability benefits or need help with an application or appeal, the Disability Attorneys of Arizona at Roeschke Law can help. Contact us today for a free consultation.

From our offices in Phoenix, Tucson, and Tempe, we help disabled individuals and their families throughout Arizona.

Q: How much of an increase in their disability benefits can recipients expect?

If you are lucky enough to have been approved after applying for disability benefits, you will be happy to know that more money is coming your way in 2018.

The application process is difficult and time-consuming. To make matters worse, approximately two-thirds of initial disability claims get denied, necessitating an even more lengthy disability application appeal—making your waiting time for benefits approval stretch into many months and even years.

Hiring a skilled Arizona disability benefits attorney from the outset to handle your application can be the difference between your initial application being stronger and more likely to be approved the first time around or it being denied.

If your initial application is denied, hiring a disability appeals attorney is more important than ever to strengthen the chances of approval. Why suffer additional financial and other stress and delay in trying to figure out how to get the benefits you are entitled to?

The federal government offers two different types of disability benefits programs: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). Both require applicants to meet the program’s definition of “disabled”, but the other eligibility requirements are different.

SSDI is a work-based benefit so the applicant’s financial status is irrelevant. It’s available to disabled workers between 18 and 65 years of age who have paid into the Social Security system through payroll income tax deductions for a certain number of years prior to becoming disabled.

SSI is a means-based benefit available only to those who are disabled, blind, or are over 65 years and whose income is below an extremely limited set threshold of $2,000 for an individual/$3,000 for a couple.

Regardless of which benefits you get, you can expect a 2% cost-of-living adjustment (“COLA”) in 2018.

“The 2% increase is the highest since 2012 when retirees got a 3.6% raise. At the start of 2017, recipients saw an increase of just 0.3%. In 2016, there was no increase. Over the summer, the Social Security trustees had projected a 2.2% increase in benefits.” Those receiving Social Security retirement benefits and veteran’s disability benefits will also get the raise.

If you or loved one is applying for or appealing a denial of Social Security disability benefits, the disability attorneys at Roeschke Law can help you at any stage of the process. Contact us for a free consultation.

From our offices in Phoenix, Tempe and Tucson, we serve clients throughout Arizona.

Q: Is the wait for a Social Security disability insurance benefits (“SSDI”) appeal nearly two years?

People are literally dying while waiting for a decision on their Social Security disability benefits applications.

An initial application for Social Security disability benefits can take about 8 months—a hardship in itself as most Americans’ “rainy day funds” may not last that long. Appealing a disability benefits denial is far worse.

The ever-increasing backlog of appeals awaiting a hearing by a judge has pushed the waiting time for a decision on appeal from the “unacceptable” to the “incredibly unacceptable”. So long, that people are losing their homes and even dying while waiting.

Here are some frightening statistics on the current state of the disability benefits application and appeals process:

• an initial application for disability benefits decision can take up to eight months
• the average processing time for an appeal is 602 days—some close to 2 years
• 7,400 people died while waiting for their disability cases to be heard in 2016
• about 2/3 of disability applications are initially denied
• the average payment for disability recipients is only $1,171 per month
• more than 1 million Americans are awaiting an appeal hearing
• 38% of claims heard by a judge were denied in 2016.

How have things gotten to this point and what can be done to fix it?

Almost all problems with government programs are connected to a lack of funding, and the Social Security disability benefits system is no exception. Congress needs to “appropriately fund Social Security so it can hire more administrative staff and judges” to tackle the backlog and streamline the process for future applicants.

In addition, the position of Social Security Commissioner has been and continues to be unfilled for several years, leaving the program the adrift on a stormy sea without a captain. To continue the analogy, the ship is sinking and people are drowning.

Now more than ever, it’s important to give your initial Social Security disability benefits application its best shot. Hiring a Social Security disability benefits attorney to handle your initial application could be the difference between an approval and a denial. In light of the current backlog and the unacceptable waiting time for an appeal hearing, letting an experienced disability law attorney navigate the process for you may not only improve your outcome but will allow you to focus on healing rather than the stressful appeals process.

If you need help applying for disability benefits or appealing the denial of your application for benefits, the Social Security disability attorneys at Roeschke Law, LLC can help you. There’s no fee unless we win your case, so contact us today for a free consultation.

From our offices in Phoenix, Tempe, and Tucson, we represent disabled individuals in all Arizona cities and counties.

Q: How would work requirements for Medicaid impact disabled Arizonans?

Anyone who has gone through the process of applying for Social Security disability insurance benefits in Arizona (“SSDI”) knows how difficult and time-consuming the application process is– – especially if the initial application is denied. Some people take months and even years to get through the appeals process as their personal, financial, and medical situation worsens. In one month alone recently, 63% of initial disability claims nationwide were rejected.

If the sobering statistic above is not enough incentive to seek the advice of the skilled Arizona Social Security disability law firm to increase the odds that an application could be stronger and the process could be streamlined and the approval rate may be greater, then the potential impact of some recent proposed changes in Arizona Medicaid guidelines might change your mind.

Arizona’s Medicaid system –known as the Arizona Health Care Cost Containment System (“AHCCCS”) –has been generally seen as an effective model for other states. However, the alarming statistic that “one in four Arizonans is on our AHCCCS program” has stretched resources and caused critics too call for change.

Arizona is one of the first states proposing to add work requirements and a five-year lifetime limit on “able-bodied” adult enrollees in Medicaid. While no state has yet to obtain federal approval of work requirements for Medicaid, “clear signals” reportedly exist that the current administration may look favorably on the reform–and that prospect has disabled people understandably worried.

The term “able-bodied” is defined as “anyone over age 19 who is mentally and physically capable of working”. Exceptions reportedly include:

• high school students over age 19
• sole caregivers of children under 6
• those qualified for the Arizona Long-Term Care system ALTCS
• long-term disability insurance recipients.

While proponents insist that the most vulnerable people will be protected, there is reportedly troubling language in the proposal which critics argue “does not specifically exempt people with disabilities and mental health issues”. That language– another exception to the “able-bodied” definition–reportedly excludes those “determined to be physically or mentally unfit for employment by a healthcare professional in accordance with rules adopted by the administration”.

As previously noted, long-term disability is an exception to the work requirement, however many people with chronic health issues don’t qualify for long-term disability at all, while others wait for what could be years to qualify.

The alleged intention behind work requirements is to generally make Medicaid more of the temporary safety net and “bridge out of poverty “it was originally intended to be and to stop most able-bodied people from choosing not to work so they can maintain free health insurance. This change will thereby make the program more efficient and contain costs—which is literally incorporated into the name of the AHCCCS. Disability advocates are understandably concerned.

If you or a loved one is disabled and need assistance applying for Social Security disability benefits for appealing a denial of benefits, the disability attorneys of Arizona at Roeschke Law, can help you any step of the way. Contact us for a free consultation.

From our offices in Phoenix, Tempe, and Tucson, we fight for the rights of the disabled throughout Arizona.

What Are Work Credits?

Social Security Disability benefits are distributed, with very few exceptions, to adults who have had a working career before they became disabled. The recipient has to have worked for a minimal amount of time in order to be eligible; the time period is measured in blocks called “work credits.” The number of work credits you need in order to receive benefits depends on the age at which you became disabled. This system is based on the fact that each paycheck you have received has been tapped for a FICA (Federal Insurance Contributions Act) contribution which funds Social Security and Medicare.

Typically, you need 40 work credits, 20 or which you’ve earned during the last 10 years before you became disabled. Some younger workers, however, may qualify with fewer credits. The system is a complicated one and complications are the last thing you need when you have recently become disabled and lost income. At such a time it is essential to consult with a skilled and knowledgeable disability attorney, one who will be able to guide you through the process of obtaining disability benefits as quickly and painlessly as possible.

In the event that you stop working before you have accumulated enough credits to qualify for benefits, your existing credits will remain on your record so they will be added to later credits if you return to work in the future. In spite of this flexibility, no benefits will be paid to you if you don’t have enough credits at the time you become disabled.

How Work Credits Are Recorded

During periods when you work and pay Social Security taxes, you earn up to a maximum of four “credits” annually, though the way credits are earned has evolved over recent decades. Prior to 1978, employers reported earnings quarterly. At that time, the credits were called “quarters of coverages (QCs). You were credited with a QC if you earned at least $50 during a calendar quarter.

In 1978, employers started reporting workers’ earnings just once annually. Now, credits are based on your total wages and self-employment income over the course of the year; it is not consequential during which part of the year you have earned that income. What this means is that it is possible to earn four credits in only a few months if your income is high enough. As one would expect, during the nearly 40 years that have elapsed since the way of recording has changed, the amount of money necessary to earn a credit has increased a good deal. Now, in 2017, for example, you earn one credit for each $1,300 of wages or self-employment income. When you’ve earned $5,200, you’ve earned your maximum of four credits for the year.

Are you likely to accumulate all the credits you may need?

The chances are that you will earn more than the minimum number of credits you will need in order to be eligible for benefits. Unfortunately, these extra credits will not increase your benefit amount; that amount will be determined by your average earning over the entire period of your working years.

The number of work credits you must accrue to get disability benefits depends on the age at which you became disabled. Typically, you need 40 credits, 20 or which must have been earned during the last 10 years before you became disabled. If you are a younger individual, however, you may qualify with fewer credits. If you become disabled before age 24, for example, you need only have earned 6 credits in the 3 years prior to the onset of your disability.

By the Numbers…

If you are only 24 years of age when you apply, you can qualify for benefits if you earned 6 credits in the 3-year period ending at the time you became disabled. If you are between the ages of 24 and 31, you may qualify if you have credits for working half the time between the age of 21 and the time you became disabled.

If you are between 31 and 42 years old, you need the 20 work credits. Between the ages of 44 and 60 years, you will require two more work credits for every two years of age until you turn 62. Once you are 62 years or older, you will need 40 work credits no matter how old you are. Unless one of your disabilities is blindness, you have to have earned at least 20 work credits in the 10 years immediately before you became disabled.

Having an experienced and compassionate disability attorney is invaluable when you are seeking benefits to help you and your family recover from the trauma of your disability. Your disability attorney will help you regain your footing and help you to get your cash flowing again.