Category: Social Security Disability

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There are also many rare diseases that qualify for SSDI.

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

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

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

Q: Can the government garnish social security benefits if I default on a federal student loan?

Are you racking up large federal student loan debt for your own education or for your children’s college educations? If so, your Social Security benefits could be in jeopardy if you fall behind in your loan payments.

Social Security Disability Insurance (“SSDI”) is government benefits paid to people under 65 with a qualifying physical or mental “disability” that “prevents them from engaging in substantial gainful activities and that has lasted, or is expected to last, for 12 months or more or result in death”. The recipient must also satisfy the minimum required work credits and must have paid into the Social Security system through taxes on their income for a number of years prior to becoming disabled. The amount such benefits is not based on financial need but rather on a formula that considers their average lifetime income prior to their disability.

Social Security retirement income benefits are also based on a formula which factors in a worker’s average lifetime income and the age they choose to retire from working and begin collecting their retirement benefits.  If the worker becomes disabled before retirement age and qualifies for SSDI benefits, those benefits are generally automatically converted to regular Social Security retirement benefits once they reach retirement age.

Both Social Security retirement benefits and Social Security disability insurance benefits can be subject to garnishment by the government if the beneficiary defaults on the repayment of a federal student loan. That includes loans for their own educations (often taken later in life and not paid-off before retirement or disability hits), as well as loans they took on to finance their children’s college educations.

The good news is that recipients of Social Security disability benefits may be eligible for student loan forgiveness–which would stop the garnishment of their Social Security benefits. The bad news is that garnishment of Social Security benefits to repay loans not subject to loan forgiveness is not as easy to get around.

If you are already receiving Social Security benefits but are having difficulty keeping up with student loan repayment obligations, you can consider the following actions to avoid garnishment of your Social Security benefits:

• check on qualifications for a loan cancellation for disabled individuals;
• pursue an income-based repayment plan with a lower monthly payment;
• seek a forbearance which might buy you some time without payments;
• explore a loan consolidation which can result in more manageable payments.

If you take no action, you increase the chances of your Social Security benefits being garnished. Once your loan remains unpaid for nine months, the government can start taking15% off your monthly benefits check– without having to take you to court first.

In addition to the defaulted loan negatively affecting your credit rating, the amount garnished is generally applied to interest and penalties rather than principal, so the student loan debt is not getting paid down quickly, if at all. Further, those whose Social Security benefits are their primary or sole income source often cannot afford any reduction in their monthly check. Garnishment of benefits can cause severe financial hardship to many and if it continues at its current rate, it’ll result in “hundreds of thousands of American seniors living in poverty”.

Once garnishment happens, you have two options. First, request a hearing within 30 days which can hold the garnishment off temporarily and gives you a chance to show why your check should not be garnished. Another option is to negotiate a loan rehabilitation agreement with your lender under which you pay an agreed-upon marginally-increased monthly amount for a certain period of time after which the garnishment eventually ends and the loan default gets removed from your credit report.

If you need assistance in the SSDI application or appeal process for benefits or have any questions regarding Social Security benefits, the Arizona disability attorneys at Roeschke Law, LLC are dedicated exclusively to SSDI and SSI disability law and can help you. Call 800-975-1866 for a free consultation. We represent clients in all cities and counties in Arizona. 

Q: Can I count on Social Security Disability Insurance Benefits alone to support me and my family or should I get private disability insurance?

They say the only sure things are death and taxes.

Maybe that kind of thinking is why most Americans have– or at least acknowledge– the importance of life insurance. Sadly, most people don’t place the same value on disability insurance. And the reality is you’re more likely to become disabled than you are to die before reaching retirement age. Just ask an experienced Social Security Disability law attorney.

So what are you thinking?

Perhaps you are relying on taking advantage of Social Security Disability Insurance (“SSDI”) if you become physically or mentally disabled. But will you qualify for those benefits and if so, will that income be enough to sustain you and your family?

SSDI is a benefit where the government provides financial compensation if you become “disabled” before age 65 and are no longer able to work. As long as you fall within the criteria of “disabled” and have the requisite number of work credits, you may be eligible to receive SSDI. It’s a work-based system that examines how long– not how much– you paid into the system through income tax contributions while you were able to work. Unlike another government-sponsored disability benefits program known as Supplemental Security Income or (“SSI”), SSDI is not based on your financial situation.  

A qualifying “disability” for SSDI is defined as “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”. There are many health problems that may qualify as disabling conditions and can be either physical or mental impairments.

The SSDI application process can be daunting and denials of benefits are common. Hiring an experienced SSDI attorney from the outset or at any point along the SSDI appeals process, may increase the likelihood of obtaining benefits.

SSDI payments are not connected to the severity of your disability or your current income or need, but rather are based on your average lifetime income before you became disabled, with the majority of people receiving $700-$1,700 in SSDI benefits per month. The 2017 average monthly disability benefit is $1,171 and the maximum monthly benefit this year is $2,687 for those on the higher end of the average lifetime income spectrum.

Would your SSDI entitlement be sufficient for your family to live on and can you wait the many months it may take for approval and receipt of the first check?

Some people, generally those whose employers offer it, purchase private disability insurance. Such private policies differ vastly in their cost, terms, definitions, and how claims are submitted and paid. Policies may cover either short-term disability STD or long-term disability LTD and sometimes will cover both. Some important terms to check out when considering private insurance include elimination periods, length of payout limitations, and in the case of an employer-based plan the percentage of the employee’s income contribution that is required. It is a personal decision.

It’s also important to note that while you can generally collect both SSDI benefits and private disability insurance benefits simultaneously, if there is a Social Security benefits offset clause in your private policy, the benefits paid from your private insurance plan will be reduced (off-set) if you are simultaneously collecting SSDI benefits.

If you are disabled and think you may be entitled to SSDI benefits, or need more information about disability-related matters, contact the Arizona disability attorneys of Roeschke Law, LLC at 800-975-1866 for a free consultation. We regularly represent clients from all Arizona counties and in all of Arizona’s local hearing offices, including Phoenix, north Phoenix, and Tucson.

Can I obtain social security benefits for my illness?

The media has been filled with reports of fraud in the Social Security Disability Insurance Program, but these cases are greatly overstated. In fact, qualifying for and obtaining SSDI or SSI (Supplemental Security Income) benefits can be quite complicated and certain conditions must be met.

In short you must have an illness or injury that is expected to last at least a year or more or lead to death. Moreover, the Social Security Administration has a list of specific medical impairments that automatically qualify for disability benefits.

The SSA Blue Book

The list of impairments is maintained in the SSA blue book, and there are lists for both children and adults. While these lists contain similar conditions, qualifying medical conditions include:

• Musculoskeletal problems
• Vision and hearing loss
• Respiratory illnesses
• Cardiovascular conditions
• Digestive tract problems
• Neurological disorders
• Blood disorders
• Mental disorders
• Immune system disorders

In particular some of the specific illnesses that qualify for SSDI and SSI include back and joint injuries, cystic fibrosis, multiple sclerosis, cerebral palsy, depression, anxiety, schizophrenia, HIV/AIDS, lupus, rheumatoid arthritis, and kidney disease. There are many other illnesses that qualify. In short, if a medical condition or its equivalent is included in the blue book, an individual is considered disabled and eligible for benefits.

In addition, medical conditions that are not found in the blue book may still qualify provided that certain conditions are met. First, the impairment must “medically determinable.” This means that condition has been subjected to clinical and laboratory testing and is supported by medical reports. Further, residual functional capacity (RFC) must be limited.  RFC is an analysis of activities that can be performed despite the impairment, such as lifting, carrying, climbing, bending, the use of hands, and the capacity to handle emotional distress and environmental limitations.

Medical Evidence

An application for SSDI or SSI benefits must be supported by medical evidence including a physical exam, treatment notes and reports, radiological tests, blood work, mental health records. This must be recent evidence that covers the period from the time the disability occurred to the present.

The Takeaway

Navigating the SSA system can be complicated, there are confusing forms to complete and an benefits application requires significant support documentation. If mistakes are made on the application or the information is inaccurate or incomplete, the claim will be denied. Moreover, many illnesses and injuries may not rise to the level of a qualifying medical condition. In fact, nearly two-thirds of benefit claims are denied. In order to avoid these pitfalls and improve the likelihood of being approved, it is essential to engaged the service of an experienced social security disability attorney.

What are work credits and how do they affect Social Security benefits?

As you move through your working career, you earn work credits for each year during which you earn wages and pay FICA taxes into the Social Security system. These credits are being banked so that you will be able to receive Social Security Disability Insurance (SSDI) benefits should you become unable to continue earning a living. These credits are required for you to be entitled to receive SSDI, Social Security, Retirement, and Medicare benefits. Work credits, like other aspects of Social Security Disability, can be complicated and confusing, especially to those simultaneously dealing with the trauma of becoming disabled. This is why it is critical to engage the services of an experienced, highly competent disability attorney to help you apply and receive the benefits to which you are entitled.

What is a common number of work credits to receive over one’s working years?

The maximum number of work credits an individual worker can receive is four per year. The precise number of work credits you earn during a particular year depends on your employment activity and the amount you earn. As of 2016, a worker is required to earn $1260 for each single work credit. In order to qualify for Social Security Disability benefits, you will typically need to have accumulated a total of 20 work credits; there are, however, age exceptions to this rule.

How many work credits do you have to accrue to be able to qualify for Social Security Disability benefits?

While in general, adults over the age of 31 years much have accumulated 20 work credits within the past 15 years of work, if you are younger, you may be able to qualify for benefits with fewer work credits.

Disability applicants who are under 24 years of age, for example, may be able to qualify for Social Security Disability benefits if they have earned a total of six work credits in the 3 years prior to the onset of the disability. If you apply for Social Security Disability benefits between the ages of 24 and 30, you must have worked half of the time between age 21 and the time you became disabled. As you age, the years of work necessary to qualify you for SSD increase incrementally; as your age increases from 30 to 62+, your work years gradually increase to 10 and your work credits to 40.

When Work Credits Do Not Apply

It should be remembered that work credits only apply to SSDI benefits. They do not apply if you suffer from long-term or lifetime disability in which case you do not have to have earned work credits to apply for Social Security assistance. Since Social Security Insurance is a needs-based program, instead of meeting work credit requirements, you will have meet household income and asset restrictions in order to be approved for SSI payments.

Clarifying the Difference between SSDI and SSI

The SSDI program typically bases your benefits on your work credits, or the numbers of years you have invested in your own potential inability to work; it is in no way based on your financial need. You can qualify for SSDI regardless of your household income as long as you meet the SSA’s disability criteria and have sufficient work credits.

SSI, on the other hand, is entirely need-based and does not require that the individual receiving benefits has a work record, only that he or she be long-term or permanently disabled and has insufficient income or assets to maintain sustenance.

What should I do if my disability application is rejected?

For those who have severe ongoing disabilities that render them unable to work, the Social Security Disability Insurance Program (SSDI) provides much-needed benefits; however, nearly two-thirds of disability applications are rejected. Let’s take a look at the leading reasons benefit claims are rejected.

The Social Security Administration considers a number of factors when determining benefit eligibility, including the applicant’s age, the number years worked – and paid into the social security system, and when you became disabled. You must have worked for a certain amount of time to qualify. Generally, you must have 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. If you have not acquired the needed credits, your application will be rejected.

There is a limit on the amount of income you earn from to be eligible for benefits. If you exceed this amount you are considered to be engaging in “substantial gainful activity” and therefore ineligible for benefits. Currently, the amount is $1,130 for disabled applicants and $1,820 for blind applicants. 

In order to qualify for disability benefits, you must have an impairment that is expected to last a year or result in death, and your condition must be on the SSA’s list of impairments. If your condition is not listed, you will need to provide additional details about your condition and possibly undergo a special examination with an SSA approved physician. 

If the SSA determines that you a capable of performing a different but related job, your application will be rejected. It is necessary for you to demonstrate that the severity of your condition makes you unable to perform any kind of work-related activity. 

Applying for benefits can be a difficult process and requires a significant amount of documentation about your work history, your income, medical history, other benefit applications. In particular, you must provide details about your medical condition or injury, the doctors, hospitals or clinics that treated you as well as test results, treatments, and medicines that have been prescribed.

If your application is denied, you can appeal the decision, but this requires an extra effort to ensure that all the documentation is in order. Because of the facts that applying for benefits is a difficult process and nearly two-thirds of applications are denied, you are well advised to engage the services of an experienced disability attorney.

How much of what I’ve heard about SSDI is actually true?

Many people who have become disabled wonder if they are qualified to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and whether it is worth applying for benefits. The best person to answer this and other related questions is a thoroughly knowledgeable disability attorney. Here is a list of fact-checking replies to some of the myths you may have heard. Of course, it is essential that you actually meet with a lawyer who specializes in the field to explore your unique situation and personal options.

Not many people actually become disabled during their working years

Actually, according to the Social Security Administration, one in every four 20-year-old workers will become disabled before they arrive at retirement age.

I’ve heard that the rate of denial of claims is so high that I shouldn’t even bother applying

Although there is a high rate of denial, approximately 33 percent of those who apply for benefits receive them the first time around. In addition, many more applicants receive relief on appeal, particularly when they have the support of a capable lawyer.

I’ve been told that if I receive SSDI I will be receiving an income similar to what I earned while working

This is a blatant falsehood unless you were grossly underpaid at your last job. As of 2015, the Social Security benefit paid an average monthly benefit of about $1100 per month or about $13,000 annually. This payment is meant to help you meet basic living needs, but for most people it will barely cover housing costs.

I understand that once I begin receiving benefits I will not be able to work anymore

In fact you can return to work while collecting SSDI benefits. Your attorney will be able to guide you through the process of testing your work capabilities during a 9 month trial period.

If my doctor affirms that I’m disabled, I will definitely qualify for benefits, right?

No. The SSDI decision is legal rather than medical, though if you are applying for benefits your treating physician will have to provide the government with detailed information about your health.

Once I’m awarded SSDI benefits, I will have them for the rest of my life

Not necessarily. Your medical condition will be periodically reviewed. Your first review will be 6 to 18 months after the date you became disabled. Depending upon whether your condition is expected to improve, future reviews may occur once every 3 to 7 years.

Now that I’m unable to work, if I apply for benefits quickly, I will receive payments promptly.

Don’t kid yourself. The Social Security Department, like other government agencies, is cumbersome and bureaucratic, so don’t expect that a check will be in the mail any time soon. Processing usually takes up to 6 months, but SSDI payments will be retroactive to the date of your disability onset.

Does my medical condition qualify for a fast track disability review?

While Social Security Disability Insurance is designed to provide benefits to those who are unable to work, the system is plagued by delays and inefficiencies. However, the Social Security Administration has procedures in place to fast track review certain cases. Let’s take a brief look at some of these programs.

Quick Disability Determinations (QDD)

This process utilizes a predictive model to screen initial applications and analyze specific elements of data. Cases selected for QDD processing are forwarded to a Disability Determination Services (DDS) within 24 hours of receipt. By sorting through vast electronic files, this process helps to quickly identify cases that have readily available medical evidence and are highly likely to receive a favorable determination.

Compassionate Allowances Program (CAL)

This program has been in place since 2008 that helps claim examiners identify over 100 diseases (a number of cancers and other medical conditions) based on the claimants allegations alone. CAL relies on sophisticated software to target illnesses that normally qualify under the SSA’s Blue Book listing of impairments. This program differs from QDD in that it only requires minimal, but sufficient, medical information that trained professionals rely on when determining this evidence confirms a medical diagnosis. In these cases, decisions can be made in a matter of weeks, rather than months or years.

Terminal Illness (TERI) cases

This program is designed to expedite applications of individuals who have untreatable impairments – those which cannot be reversed and are expected to result in death. There are specific protocols in place to label, flag and continuously monitor these cases to ensure fast processing. In addition these claims must be supported by a credible claim from the applicant, a friend, family member, personal physician or other medical source. At the same time, these cases can also be identified during DDS processing. Qualifying claims include diagnoses such as amyotrophic later sclerosis (ALS), any stage IV malignancy, small cell or throat cell lung cancer, or a statement that the claimant is receiving in-patient hospice care.

Other Fast Track SSDI Cases

The SSA also fast tracks processing of disability claims for Military Service Casualty Cases (MSCC). This process, in conjunctions with the Veterans Administration (VA) and the Department of Defense (DOD) is designed for members of the military who were seriously injured while on active duty on or after October 1, 2001. To qualify, military personnel must be unable to do substantial work due to their physical or mental medical condition(s) that must have lasted or be expected to last at least one year, or is expected to result in death.

Lastly, there is also a fast track process for Presumptive Disability (PD) and Presumptive Blindness (PB) cases that provide claimants with payments in advance of a formal DDS determination if there is a high degree of probability of approval.

The Takeaway

Even though wait times and delays continue to grow, and are even longer for disability appeals, fast track processes are specifically designed for people with serious health conditions. It has been reported that about 6.9  percent of claims (or more than 181,000) received fast-track status in fiscal year 2015. The best way to navigate the SSA and ensure your application is put on the fast track is to engage the services of an experienced disability benefits attorney.