Category: Social Security Disability

Q: Do websites have to accommodate disabled users?

Disability attorneys of Arizona understand the many barriers that the disabled face on a daily basis and work to help them access Federal Social Security disability benefits.  

Applying for disability benefits is a complex process and two-thirds of initial applications are denied. Trusting your application for benefits or your appeal of a denial benefits to a skilled attorney may increase the chances of success and allow you to focus on your health or other matters. 

Whether you were born with a disability or became disabled during your lifetime as a result of an illness, condition, or injury, you may unfortunately encounter accessibility, prejudice, discrimination, and other challenges as a member of the disabled community.

What types of discrimination do disabled people face online?

One form of discrimination against the disabled is a business website that is non-ADA compliant. Websites and all of the content thereon must be accessible to all visitors. Many blind and deaf people use screen-readers to allow them to shop or access information from business websites, but if the website lacks the necessary HTML coding to communicate with the screen-reader software, the screen-reader cannot relay the information to the disabled viewer.

For example, those who are blind or visually impaired must be able to access the information they can’t see through audio functionality. Similarly, those portions of the website which offer audio or video, must have text and/or subtitles so the deaf or hard of hearing visitors can access that information. 

Unfortunately, there are many websites that are non-ADA compliant whether intentionally or unintentionally. Recently, there have been multiple lawsuits nationwide against large and small businesses by disability advocates. These suits—often brought by the hundreds by a single attorney– seek attorney’s fees and compliance within a certain time frame and are generally not for monetary damages (though money may sometimes be paid to the plaintiff in exchange for keeping settlement details private). 

Many business owners question the motives of the handful of attorneys bringing hundreds of such suits and are frustrated by three things: (1) not knowing their websites needed to be ADA-compliant in the first place, (2) not being given a warning and chance to become compliant before commencement of litigation, and (3) the lack of clear federal regulations on how websites can become ADA-compliant.

What are businesses doing to avoid making their websites non-ADA compliant?

Despite the lack of definitive regulations, “courts have recognized web accessibility standards called Web Content Accessibility Guidelines 2.0 (WCAG), created by an international consortium of volunteers”. Among the recommended requirements are that:

• “Content must be coded for audio translation by screen-reader software.
• There must be on-screen captions in videos for screen-reader software to read to the blind and descriptions for the deaf.
• Sites must include accessible drop-down menus for those who use a keyboard as an alternative to a mouse.”

Business owners should not rely on the above recommendations, but rather should always consult their web developer and their attorney for guidance on the compliance issues of their particular websites.

If you need assistance applying for Social Security disability benefits or appealing the denial of benefits, the disability attorneys of Arizona at Roeschke Law can help you. Contact us today for a free consultation. 

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

Q: What service animals can I bring on a plane?

Getting through the arduous process of applying for disability benefits is faster and easier with the assistance of a skilled Arizona disability benefits attorney.

Qualifying for Social Security disability benefits means meeting the federal government’s definition of being “disabled” which is “suffering from a physical or mental impairment that prevents engaging in substantial gainful activities and that has lasted, or is expected to last, for 12 months or more or result in death”. The Social Security Administration maintains a “Blue Book”—a list of many recognized qualifying physical and mental impairments, though the list is not exclusive. 

What disabilities warrant service animals?

Some disability recipients suffer from impairments that require support from service animals, such as guide/service dogs for the blind or deaf, and for those with other disabling conditions like PTSD, seizures/epilepsy, and more. Unlike typical pets, these service dogs receive specialized training to perform specific tasks to support their disabled owners. 

It used to be that properly-trained canines were the only service animals allowed inside airplane cabins to support the needs of their legitimately-disabled owners. In recent years, standards have loosened so significantly that airplane cabins look like “flying barns” –complete with pigs, iguanas, ducks, turkeys, and even a peacock—who boarded under the guise of being “emotional support animals”. In reality, most are family pets of non-disabled owners who are attempting to skip out of the fees of flying the family pet. 

Having a wide variety of apparently untrained animals loose in a cabin not only mocks legitimate service animals but also causes the potential for dangerous interactions between these animals and other passengers. In some cases, passengers have been bitten by these animals. 

Narrowing the definition of a “service animal”

Disability advocates are hailing a recent proposal by several airlines to adopt rules that would narrow and redefine what a “service animal” is and restrict airplane cabin access “to only a canine that has been specifically trained to help a person with a physical, sensory, psychiatric, intellectual, or mental disability”. Any animal that doesn’t fit the new definition of a “service animal” would be subject to size and species restrictions, would require carriers and would be subject to an additional charge.

The proposed rule – which has been endorsed by more than 80 veterans and disability groups – is expected to take effect after the period for public commenting on the proposal expires. 

If you need assistance applying for Social Security disability benefits, or appealing the denial of benefits, the disability attorneys of Arizona at Roeschke Law can help you. Contact us today for a free consultation. 

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

The Social Security Administration (SSA) reviews applications for disability benefits under SSI and SSDI. SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) provide benefits for disabled individuals in the United States. Denials of Social Security disability claims are common. An Arizona disability benefits attorney can help you appeal your denial of disability benefits to help you secure the disability income you need to provide for yourself and your family.

Appealing Social Security Disability Claims

An SSDI or SSI claim can be denied for many reasons. Both programs have certain requirements for eligibility, including income restrictions, work history, and medical requirements. 

You can request a reconsideration of a denial of your original application for Social Security disability benefits. Generally, you have 60 days to request reconsideration after you receive a notice of the denial of disability benefits.

During a reconsideration, another individual with the SSA reviews your complete claim. The person looks at all evidence submitted during the review of the original application and any information you provide when you request the reconsideration. If the claim is approved, you may receive back pay for benefits from the date of disability through the date of approval of your Social Security disability claim.

Appealing a Denial After Reconsideration 

There are three additional levels of appeal after a request for reconsideration. Your next step is to request a hearing before an Administrative Law Judge. At this level of appeal, an actual judge hears your case and makes a decision regarding your SSDI or SSI benefits.

Appealing to an Administrative Law Judge involves appearing at a hearing. You are not required to appear at the hearing, but it is strongly recommended. Hearings are typically held within 75 miles of your home. It is also helpful to retain a Social Security disability attorney if you have not done so at this time. An attorney understands the hearing process and how to present the case to the judge. Witnesses, including your doctors and others, may appear at the hearing to testify as to your disability.

If the Administrative Law Judge denies your disability claim, the third level of appeal is before the Appeals Council. The Appeals Council could deny your request for review if it believes that the evidence, laws, and regulations support the Administrative Law Judge’s decision. If the Appeals Council denies your appeal, your final option is to file a lawsuit in federal district court. You will want to seek advice from an attorney before proceeding with a civil lawsuit in federal court.

Contact an Arizona Disability Benefits Attorney for Help

The time to appeal a Social Security disability claim is limited. If you do not file your appeal before the deadline, you must start the process from the beginning if you wish to pursue disability benefits.

Before beginning the disability claims process, you may want to talk to our Arizona disability benefits attorney about Social Security disability benefits. Contact us today.  We can help you file your initial claim and take care of any issues and problems that might arise during your case, including filing appeals if your Social Security disability claim is denied.

Q: Is Down Syndrome a qualifying impairment for disability benefits?

The federal government offers two different disability benefits programs, both administered through the Social Security Administration “SSA”. The first program, Social Security Disability Insurance or “SSDI”, is available to disabled people who can satisfy the work history requirements, regardless of their financial status. The second program, Supplemental Security Income or “SSI” does not require a prior work history but rather is a means-based program for qualified disabled people who do not exceed the extremely limited income and assets threshold. 

Qualifying for disability benefits for either program requires the applicant meet the federal government’s definition of “disabled” which is “suffering from a physical or mental impairment that prevents engaging in substantial gainful activities and that has lasted or is expected to last for 12 months or more or result in death”.

The SSA has a list of qualifying physical and mental conditions, called the Blue Book. While it would seem straightforward to qualify for benefits based on a diagnosis of one of these conditions, that isn’t always the case. When the impairment is mental in nature, symptoms can be difficult to evaluate which can open the door for a denial of benefits. The majority of initial applications for benefits are denied.

What are some reasons a disability claim based on mental illness might be denied?

Some reasons why disability claims for mental illness may be denied include but are not limited to: 

• vague treatment notes by mental health professionals 
• failure to take prescribed medication
• failure to follow doctor’s orders
• “lack of duration” –  if the condition hasn’t lasted or isn’t expected to last for at least a year. 

How are Down Syndrome cases approached?

Generally, in 98%of cases, Down Syndrome applicants will qualify for disability benefits as far as the definition of being “disabled” goes, under the statute’s Blue Book section 10.00 Congenital disorders that affect multiple body systems and more specifically subsection 10.06 Non-mosaic down syndrome. For the 2% who have mosaic Down Syndrome, it’s harder to qualify for benefits, but qualifying may be possible using commonly accompanying conditions like cardiac issues, communication problems, vision or hearing loss, and more.

Parents of children with Down Syndrome may be able to apply for SSI benefits at a young age, depending on their income. If they exceed the income and assets threshold they may need to wait or reapply once the child reaches the age of 18. A disability benefits attorney can provide more specific guidance.

Interestingly, the new study shows that “three out of five people with Down Syndrome will be diagnosed with Alzheimer’s disease and other types of dementia by age 55”. Alzheimer’s is another impairment recognized as a qualifying disability by the SSA. So those with Down Syndrome who may be able to work in their youth despite their Down Syndrome symptoms may find they qualify for disability benefits if and when Alzheimer’s symptoms appear later in life. 

Contact Our Social Security Disability Attorney Today to Learn More

If you have questions regarding applying for Social Security disability benefits for yourself or your child, or need assistance appealing the denial of benefits, the disability attorneys of Arizona at Roeschke Law can help you. Contact us today for a free consultation. 

With offices in Tempe, Tucson, and Phoenix, we represent disabled people and their families throughout Arizona in all aspects of disability law. 

Q: How can disabled people get to and from job interviews or work?

Disability attorneys of Arizona help disabled individuals and their family members access the disability benefits they deserve. 

The federal government offers two different disability benefits programs – Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). The former is available to disabled individuals who satisfy the work credits requirement of having worked a certain number of years while also paying into the Social Security system through payroll deductions prior to becoming disabled. SSI does not require any prior work history, but is a means-tested program where disabled applicants must not exceed the extremely limited income and assets threshold in order to qualify. 

Qualifying for disability benefits for both programs, also requires that applicants meet the government’s definition of being “disabled” which means suffering from a physical or mental impairment that prevents engaging in substantial gainful activities and that has lasted, or is expected to last, for 12 months or more or result in death.

Regardless of whether you are an SSI recipient with no work history or an SSDI recipient hoping to attempt a return to the workforce, the odds are transportation is a challenge. Reportedly, of the 2 million Americans living with disabilities, approximately 30% have transportation barriers that render them unable to leave their homes. Obviously, this impacts their ability to get to and from a job. 

How can the Lyft Jobs Access Program help the disabled?

Recently, rideshare giant, Lyft, announced plans to offer free or discounted rides to help disabled people “access job training and get hired”. Through its Jobs Access Program, Lyft will provide riders with rides “to or from job training programs, interviews and to get back-and-forth from work for the first three weeks of employment” carrying them over until their first paycheck. Lyft has partnered with other organizations to connect with disabled people who could benefit from this transferred transportation program. 

If you have questions regarding applying for Social Security disability benefits or appealing the denial of benefits, the Social Security disability attorneys at Roeschke Law can help you. Contact us today for a free consultation. 

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

Q: How would legally-assisted suicide impact the disabled?

Arizona disability benefits attorneys help a wide range of suffering people and their families access available government benefits. 

The two federal government disability benefits programs are Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). While the former requires a certain work history and work credits prior to becoming disabled in order to qualify for benefits, the latter requires no work history but mandates the applicant not exceed its severely restricted income and assets threshold.

Qualifying for disability benefits requires meeting the “disability” definition of suffering from a physical or mental impairment that prevents engaging in substantial gainful activities, which has lasted, or is expected to last, for 12 months or more or result in death. The government even has an extensive list of impairments that would qualify for benefits, but the list is not all-inclusive. 

We all know society is not always kind to the disabled. We’ve seen headlines where people with so-called “invisible” disabilities are confronted by angry strangers when using handicapped parking. In addition to ignorant and hateful backlash questioning the legitimacy of people’s disabilities, there is often stereotyping of this disabled as lazy and not wanting to work, and more. 

While these above situations are upsetting, the disabled are also targets of a more dangerous threat – the euthanasia movement. Legally-assisted suicide is a threat to those with disabilities. Opponents fear that any guidelines imposed in such legislation as safeguards would still fall short in protecting against abuse as it applies to people with disabilities. Those against permitting people with terminal illnesses to access lethal prescription medication fear that “society is coming to accept the noxious idea that life with disabilities is not worth living”.

What makes the disabled vulnerable to legalized euthanasia?

Depression, financial and emotional pressures, misdiagnosis of terminal diseases, and insurance companies offering to subsidize lethal drugs while denying costly life-sustaining medical treatment are some reasons assisted suicide laws can be dangerous when applied to the disabled. 

If you need assistance applying for Social Security disability benefits or appealing the denial of benefits, the Disability Attorneys of Arizona at Roeschke Law can help you. Contact us today for a free consultation. 

From our offices in Tempe, Tucson, and Phoenix, we help disabled individuals and their families throughout Arizona access the disability benefits to which they’re entitled. It’s all we do. 

Q: Do disability access passes and policies provide reasonable accommodations for the disabled?

Disability benefits attorneys of Arizona understand that living with a disability is difficult on a daily basis. Whether the disability is a physical impairment or a mental one—or both—the pain and/or other symptoms associated with it may present the disabled child or adult (and their family) with significant daily challenges. For financial or other reasons, vacations and respite opportunities may be limited and may also present challenges to the disabled—even in the most magical places.

If you thought that qualifying for Social Security disability benefits was difficult—and it is—try navigating a crowded theme park with a disabled child or adult if reasonable accommodations to address the disability are not in place or are insufficient. 

Theme Park Accommodations for Physical Disabilities

For those with physical disabilities, accommodations like ramps, elevators, easy access to the entrances and exits of attractions and bathrooms and restaurants are often made. But meeting the needs of the intellectually-disabled can be more difficult. Particularly for the autistic population. 

Theme Park Accommodations for Autism and Intellectual Disabilities

Autism is a spectrum disorder that impacts each person differently but generally is diagnosed based on serious deficits in areas including social skills and communication. Hallmarks of autism include the inability to grasp the concept of time, inability to easily transition from one enjoyable thing to something else upon demand, inability to wait long, and inability to control what may be frequent daily meltdowns especially in overstimulating environments. Many autistic people never outgrow their love of childish things like Disney and Marvel characters, movies, and toys and other similar interests. 

The Original Disney Disability Pass

Prior to 2014, accommodations for disabled guests at Walt Disney World and Disneyland in California reportedly included a disability pass that allowed the disabled person along with a small number of their friends or family to ride any ride without waiting on the notoriously long lines. The disability pass functioned as an unlimited fast pass. To use it, the disabled person and their party would go from ride to ride and use the fast pass entrance at each ride or in the absence of one, the exit of each ride. But that all changed in 2014 as a result of immoral, healthy, and wealthy people reportedly hiring “disabled guides” to take advantage of Disney’s generous system and allowing their healthy families to bypass the lines.

The 2014 Disney Access Service Card 

Reportedly in response, Disney amended its disability pass system, resulting in a much more restricted access program that many people with autism, or with autistic children, allege is not accommodating enough for their disabilities and special needs. 

The current Disability Access Service Card “allows people with disabilities to reserve a ride in advance, like a fast pass” which means not automatically getting immediate access to the ride, but rather waiting for the fast pass window of time and then returning to ride the ride during that window. In addition, disabled patrons are now not able to ride other rides (without waiting in the regular and usually long lines with the general population) until after their fast pass ride is completed–severely reducing the total number of rides per day that a disabled patron could access in comparison to the old disability pass system. 

Many lawsuits have reportedly been filed and, after about five years, are finally starting to come to trial where the issue of the reasonableness of the disability access service card system will be decided. 

If you or a loved one needs assistance applying for Social Security disability benefits or appealing the denial of benefits, or have any questions regarding disability benefits, the disability attorneys at Roeschke Law can you. Contact our office for a free consultation. 

From our offices in Tempe, Tucson, and Phoenix, we represent disabled individuals and their families throughout Arizona in all aspects of disability benefits law. 

Q: What changes are proposed by the Supplemental Security Income Restoration Act?

Most people know that changes to government programs rarely happen quickly and often offer only minor incremental financial increases, if any. This is evident in minimum wage hikes and cost of living increases over the years.

But a new proposed law has Arizona disability benefits attorneys cautiously optimistic that big change could be coming to the Supplemental Security Income program, known as “SSI”.

SSI is one of two federal disability benefits programs administered by the Social Security Administration. The other program, Social Security Disability Insurance “SSDI” requires that applicants satisfy the prior “work credits” history, having been employed and paid into the Social Security system through payroll taxes withheld over a certain amount of years prior to becoming disabled.

Applying for SSI benefits has no such work history requirement, but rather it is a “means-tested” program for those who are disabled, blind, or over the age of 65 who have extremely limited financial resources. Both programs require applicants to meet the government’s definition of “disabled”. 

Proposed changes to the SSI program

There hasn’t been much change to the SSI program since the 1970s. Currently, applicants must have income and resources which fall below the government-mandated threshold of $2000 for an individual or $3000 for a married couple. While $2000 may have been considered a reasonable nest egg decades ago, it’s far from the case today due to inflation. 

Fortunately, the House of Representatives apparently noticed and is attempting to rectify the woefully low income and asset limits by reportedly proposing the following amendments to the Supplemental Security Income program: 

• increasing the $2000 ceiling for individuals to $10,000 (a 5x increase);
• increasing the $3000 ceiling for married couples to $20,000 (a nearly 7x increase);
• repealing penalties for marrying; 
• repealing penalties for receiving “financial, food and housing assistance from family members”;
• increasing the amount of “disregarded income the beneficiaries can take in each month”. 

The benefits of this proposed and sorely needed legislation known as the Supplemental Security Income Restoration Act, or H.R. 4280, will help parents of disabled children transition them into adulthood, will ease the financial limitation problem for those applying for or trying to retain SSI benefits, and will remove the obstacle to marriage. 

Contact our Arizona disability benefits attorney

If you need help applying for Social Security disability benefits or appealing the denial of benefits, the Disability Attorneys of Arizona at Roeschke Law can help you. Contact us today for a free consultation. 

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

Q: Should I file my own Social Security disability benefits application?

Just as most people hire an electrician or plumber rather than attempting those dangerous jobs without the proper training, many people seek help from a skilled Arizona disability benefits attorney when filing for benefits—because being approved is of critical importance. 

But unlike plumbers and electricians who are paid on the spot, Disability Attorneys of Arizona doesn’t collect a fee unless your application is approved. And even then, the fee structure is reasonable and regulated by the Social Security Administration.

A quick internet search on how to file for disability benefits reveals three options that make it look deceptively simple: 

• applying online, 
• applying by phone, and 
• applying in person at your local Social Security office. 

The reality is that the process of applying for social security benefits is lengthy and complex with many pitfalls for those trying to navigate the system alone. It is also the likely reason that approximately 2/3 of all initial Social Security disability benefits applications are denied. 

What happens when an initial application is denied?

If an initial application is denied, there are steps to appeal the denial of disability benefits. Seeking an attorney’s input at this point, if not initially, is highly recommended because you have now cost yourself additional time – time you’re not getting paid for while you might be in pain and struggling financially. 

Regardless of whether you file on your own or with the help of a skilled attorney, you need to determine which of the two federal disability benefits programs you are going to apply for and whether you qualify for disability benefits. For example, Social Security Disability Insurance (“SSDI”) requires applicants to have worked for the requisite number of years and hours (work credits) prior to becoming disabled and have paid into the Social Security system through payroll taxes. You need to be suffering from a qualifying mental or physical disability expected to last a year or longer or result in death. In addition, Social Security will consider whether the disabling medical condition precludes an applicant from adjusting to other forms of work. 

The second federal program, Supplemental Security Income (“SSI”), is not based on work credits but rather on a qualifying disability accompanied by extremely limited income and assets. 

According to the Social Security Administration, the information and documentation needed when applying for disability benefits includes the following:

• “your Social Security number and proof of your age; 
• names, addresses, and phone numbers of doctors, caseworkers, hospitals, and clinics that took care of you and the dates of your visits;
• names and dosages of all the medications you are taking; 
• medical records from your doctors, therapists, hospitals, clinics, and caseworkers, that you already have in your possession; 
• laboratory and test results; 
• a summary of where you worked and the kind of work you did; and 
• your most recent W-2 form or, if you were self-employed, a copy of your federal tax return.”

While it isn’t guaranteed, the likelihood of a successful initial disability benefits application is significantly increased when handled by an experienced disability benefits attorney who is knowledgeable in submitting complete and strong applications. 

Contact Our Phoenix Disability Benefits Attorney

If you need help with a Social Security disability benefits application or need assistance with an appeal of a denial of benefits, the disability attorneys of Arizona at Roeschke Law can help you. Contact us today for a free consultation. 

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