Category: Social Security Disability

Q: Should I divorce to get disability benefits for my child?

Qualifying for disability benefits in Arizona is a very confusing process.

That’s why many people choose to hire a skilled Social Security disability benefits attorney to help them navigate the process.

In order to qualify for disability benefits, and an applicant must satisfy the government’s definition of “disabled”. The Social Security Administration requires the individual to suffer 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.

There are two federal disability benefits programs and people may qualify for one, the other, both, or neither. If an initial application for benefits is not granted, applicants can appeal a denial of benefits, but the process and backlog is complicated and time-consuming. Appeals are taking up to two years for a hearing date.

Social Security disability benefits (“SSDI”) may be awarded to those who, prior to becoming disabled, were employed and paid into the social security system through payroll deductions for the requisite number of work credits and years. SSDI is merit based and awarded based on these work credits regardless of the applicant’s financial situation. But Supplemental Security Income (“SSI”) benefits are different– – it is only available to qualified disabled people with extremely limited financial resources.

Sadly, some couples with disabled children who have been denied disability benefits because they earn too much to qualify are considering getting divorce – – not because the legitimate stress of caring for their disabled child may have taken a toll on their marriage, but because they believe it may be the only way to obtain needed benefits for their disabled child.

Some couples divorce, others leave jobs or move to another state, and others divest assets or impoverish themselves to qualify for aid. As state laws differ, divorcing for this purpose may cause a couple legal trouble. Seeking the guidance of a skilled disability benefits attorney prior to taking such drastic action is encouraged.

If you are disabled, or have a disabled child, and need assistance applying for disability benefits or appealing a denial of benefits, the disability attorneys of Arizona at Roeschke Law can help you apply for the appropriate benefits, appeal a denial, and navigate the bureaucracy. Contact us today to request a free consultation.

With offices in Phoenix, Tucson, and Tempe, we represent clients throughout Arizona.

Q: Do I have to repay disability benefits Social Security paid in error?

Applying for disability benefits is more complex than the public is led to believe.  Unfortunately, this leads many people to apply without legal counsel and is likely the reason that two-thirds of all initial disability benefit applications are denied.

Hiring a skilled Social Security disability benefits attorney with experience in the process may increase the odds of a faster and or more favorable decision. And with disability benefits appeals taking as long as two years before for a hearing, anything that could expedite the process is worth consideration. Especially when the consultation is free.

Sometimes, additional personal circumstances exist that further complicate receiving Social Security disability benefits. One little boy learned that the hard way.

Federal government workers who process disability benefits paperwork aren’t perfect, but their mistakes can, unfortunately, result in red tape, delays, and significant financial hardship for innocent benefits recipients. That’s because in instances where Social Security pays benefits to people by mistake–even if it’s entirely their mistake– it’s treated as the recipient’s mistake and the benefits must generally be returned.

Social Security disability benefits do not only benefit the recipient whose work record they are based on. Sometimes, the recipient’s child can receive a child benefit based on their parent’s disability benefits.

In one unfortunate case, a young boy who was reportedly receiving child benefits based on his living father’s Social Security disability benefits also started receiving child survivor benefit checks based on his deceased mother’s work record shortly after her death and while he was being cared for by his mother’s cousin. After about a year, Social Security apparently noticed the mistake and demanded repayment of the overpayment claiming the boy was only entitled to receive “the larger of the child benefit and the child survivor benefit” but not both. The cousin is attempting to challenge the repayment demand.

Whenever a change of circumstances can impact Social Security disability benefits in any manner, hiring a Social Security disability attorney can help prevent and/or resolve potentially costly mistakes.

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

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

Q: WHAT POSITIVE CHANGES ARE IMPACTING THE SSDI PROGRAM?

No one knows when a disability that will impact your ability to work may strike and for the majority of Americans who don’t likely have long-term disability insurance benefits, the fear of being disabled and financially-vulnerable is real.

Experienced Social Security Disability benefits attorneys can help the disabled through the initial Social Security Disability Insurance (“SSDI”) application process as well as the more-lengthy appeals process if the initial application was denied.

Even when everything goes as well as can be expected, and benefits are granted, they will still be less than the recipient was used to living on. Financial pressures, coupled with the stress and possible pain associated with the disability can be difficult. Coupling all of that with the grim statistics that approximately two-thirds of initial applications for SSDI benefits are denied– and that the wait for an appeals hearing is approximately two years—it’s easy to get discouraged.

But there is finally some good news for those who need Social Security Disability Insurance benefits.

The number of applicants for SSDI benefits in 2017 “plunged” significantly – – to the lowest levels since 2002. And this year’s numbers are projected to be even lower.

Why has the number of applications dropped so drastically and what does the plunge mean? For one thing, it means a dramatic improvement in the projected future solvency of the Social Security disability benefits program.

A “much stronger economy”, has reportedly caused a “startling reversal of a decades-old trend that threatened the [SSDI] program’s solvency”. Only two years ago analysts warned that the program could be insolvent by 2023, but just pushed the date back to 2032.

Evidence of a stronger economy has reportedly drawn more workers back to the workplace as hiring on many levels is up—including various areas of work that might be suitable even for those with disabilities. In addition, disabled baby-boomers’ disability benefits are converting to regular Social Security retirement benefits in larger numbers they hit retirement age.

Another reason for the drop is that Social Security Administration has “tightened the approval process” by:

• making qualifying for Social Security disability insurance benefits more difficult
• making the application process more arduous and
• making the appeals process for rejected applications harder as well.

While these reasons unfortunately penalize legitimately needy applicants, they may help root out the deceitful and fraudulent applicants.

Still, the dramatically improved financial solvency of the program can only benefit those fortunate enough to be receiving benefits now and those who qualify for benefits in the future.

If you need assistance applying for disability Social Security disability benefits, or appealing 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 Phoenix, Tempe, and Tucson, we represent disabled people and their families throughout Arizona.

Q: What is disability discrimination?

As disability attorneys in Arizona, our practice is exclusively devoted to helping the disabled get the benefits they deserve.

The first step is qualifying for disability benefits from one or both disability benefits programs administered by the federal government. With respect to disability insurance, both programs define being “disabled “as suffering from a physical or mental impairment that prevents engaging in substantial gainful activities and that his lasted or is expected to last for 12 months or more or result in death.

There are multiple disabilities and combinations of disabilities that satisfy this definition. Some of the qualifying disabilities include physical diseases such as heart, liver, and kidney disease, Chrohn’s disease, COPD, multiple sclerosis, blindness, cancer, and more. Some of the mental impairments include anxiety disorders, PTSD, bipolar disorder, intellectual disability, and more.

Applying for disability benefits is a complicated process best left to attorneys with experience. This is because two-thirds of initial applications are denied. While an applicant can appeal a denial of disability benefits, the backlog of cases waiting for an appeals hearing is continually worsening and is pushing a two-year wait.

Waiting on disability benefits when you are disabled and unable to work is understandably frustrating. But those able to work despite a disability often face a different kind of frustration– and even discrimination– based on their disability.

Recently, an obese woman in California with a stellar 20-year employment history as a manager in a fitness center filed a lawsuit claiming she was fired by a new supervisor as a result of disability discrimination. In support, she claimed her obesity was a disability with a physiological cause as it was genetically predetermined.

In the context of employment discrimination under her state’s Fair Employment and Housing Act, obesity may be a disability if it is proven to have a physiological cause. Employers cannot discriminate based on any worker’s physical disability. To prevail, the employee needs to prove the following:

• she suffered from a disability
• she was able to perform the job’s essential duties (with or without reasonable accommodations) and
• she suffered an “adverse employment action” due to her disability.

If an employee can prove those three things, the burden shifts to the employer to demonstrate a “legitimate nondiscriminatory reason” for the adverse action which the employee can then refute.

Clearly, disabled workers and those no longer able to work can benefit from the assistance of attorneys dedicated to protecting their rights.

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

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

Q: Does physician-assisted suicide devalue disabled people’s lives?

Arizona Social security disability attorneys are devoted to helping disabled people obtain benefits when a physical or mental disability strikes through unexpected illness or injury.

Qualifying for disability benefits is the first step in accessing them. The federal government offers two different disability benefits programs that, while different in many ways, are similar in recognizing that those who meet the government’s definition of “disabled” are entitled to benefits to ease the financial burden their disability may bring. The government considers a person disabled if they are suffering from a physical or mental impairment that prevents engaging in substantial gainful activity and the impairment has lasted or is expected to last a year or more or result in death.

Applying for disability benefits can be a complicated process with denials and appeals dragging it out further. For that reason, many people seek the help of a Social Security disability attorney whose experience may help avoid pitfalls and expedite the process. The whole philosophy behind disability benefits is to help support those with disabilities and contribute to a better quality of life through this government safety net.

Currently, there are only a handful of states that allow physician-assisted suicide. New York is currently considering legalizing the practice. Disability rights activists are understandably, strongly opposed to the idea.

The major arguments against physician-assisted suicide range from philosophical to practical. First, the suggestion that acquiring a disability at some point in life is a reason to end your life “devalues” disabled people’s lives.

In addition, there is the worry of “external influences” that might pressure disabled people or their caretakers into physician-assisted suicide. Many so-called “able-bodied” people fear that an illness or injury may make them have to rely on others for their basic care or they worry about the financial impact their long-term care may have on their loved ones, especially in the absence of long-term disability insurance.

So far, at least in New York’s debate, the current law against physician-assisted suicide seems safe with its highest court ruling that legalizing physician-assisted suicide “would induce undue pressure on terminal patients to end their lives”.

Disability rights advocates say the focus should be on making support and services more accessible so disabled people can live a better quality, dignified life, rather than providing an option to end it that’s based on fear and financial pressures.

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 you. Contact us today for a free consultation.

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

Q: Are changes coming to improve flying conditions for disabled passengers?

One of the ways that the federal government assists people with disabilities is financially–by offering two different federal disability benefits programs. One is Social Security Disability Insurance (“SSDI”) and the other is Supplemental Security Income (“SSI”). Qualifying for disability benefits in either program requires meeting the government’s definition of being “disabled” and satisfying other qualifying factors that differ for each program.

Many people seek help from a skilled Social Security disability attorney benefits attorney when applying for disability benefits because approximately 2/3 of all applications are initially denied and the appeals process is extensively backlogged.

In addition to financial assistance, there are other ways that the government tries to improve the lives of people with disabilities.

In 2016, an Access Advisory Committee was assembled by the U.S. Department of Transportation for the purpose of “ensuring that air travelers with disabilities have equal access to air transportation”. The committee recommended changes to onboard entertainment policies including “adding captioning and audio descriptions” so blind and deaf people can enjoy the entertainment.

In addition, the committee recommended “incremental improvements and an eventual requirement that single-aisle planes include accessible lavatories” for those in wheelchairs– since they were only mandated in double-aisle planes. With many longer domestic flights utilizing single-aisle planes, a significant and unfair burden is placed on disabled people who need accessible bathrooms but have had to fly without the ability to use the bathroom if needed.

In 2016, the committee couldn’t decide what changes, if any, should be made regarding service animals on flights. Now, the U.S. Department of Transportation is asking for the public’s feedback in order to shape possible amendments to airline service animal regulations under the Air Carrier Access Act.

People interested have approximately 45 days to weigh in on issues such as whether airlines can or should be:

• treating different types of service animals (emotional support animals, psychiatric service animals and other types) differently when flying

• limiting the species of service animals that can fly

• limiting the size of service animals that can fly

• limiting the number of service animals that can fly

• requiring proof of a service animal’s training

• requiring that service animals be leashed or harnessed.

Seeing-eye dogs are no longer the only service animals around. A “significant uptick” in the use of various types of service animals coupled with problems with “biting, urination, and other misbehavior” have led several airlines to seek ways to “deter the fraudulent use” of unqualified service animals while maintaining “seamless access” to air travel for people with disabilities and their qualified service animals.

If you have any questions regarding applying for Social Security disability benefits or appealing the denial of your application, or any other disability law matter, the disability attorneys of Arizona at Roeschke Law can help you. Contact us today to schedule a consultation.

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

Q: Is there a way to expedite my SSDI application decision?

Qualifying for Social Security disability insurance (“SSDI”) benefits requires an applicant to satisfy the government’s definition of “disabled” which, according to the Social Security Administration, means “suffering from a physical or mental impairment that prevents engaging in substantial gainful activities and which has lasted or is expected to last for 12 months or more or resulting in death”. There is an extensive list of disorders and diseases that qualify including heart disease, multiple sclerosis, blindness, post-traumatic stress disorder (“PTSD”), cancer, and many more. One may think it’s easy to check off a condition and quickly qualify for benefits.

But applying for Social Security disability benefits isn’t as easy as it seems and as we’ve previously reported on this blog, approximately two-thirds– or 66%– of all initial disability benefits applications are denied. While applicants can appeal a denial of benefits, the backlog in cases pending an appeal hearing can be in the two-year wait range. People are literally becoming homeless and/or dying while they wait for their appeal.

Is there a way to expedite the process? Well, yes, and no.

For those applicants unfortunate enough to be suffering from particularly apparent and devastating diseases or disorders that obviously meet the qualification of “disabled”, there may well be a faster path to approval. It’s called the Compassionate Allowance List (“CAL”). Its purpose is to quickly flag and process the applications of the very sickest applicants on a priority basis.

The CAL can fast-track SSDI applications for intended recipients with a disability that is “patently obvious and from a medical condition or disease already appearing on the Compassionate Allowance List”.  Many are surprised to learn that there’s over 200 CAL diseases and disorders including certain cancers, ALS, and acute leukemia, to name a few.

No one can afford to wait when it comes to disability benefits, so many people choose to hire a skilled disability benefits attorney to assist with the initial application or appeal particularly for CAL-based applications.

If you need help with an initial application for SSDI or Supplemental Security Income (“SSI”) disability benefits or appealing a denial of benefits, the disability attorneys of Arizona at Roeschke Law help you. Contact us today for a free consultation.

From our offices in Phoenix, Tempe, and Tucson, Arizona, we represent disabled clients throughout Arizona in all phases of the disability benefits process.

Q: Are the numbers of employable disabled people rising?

It doesn’t matter whether you were born with a disability or acquired it as an unanticipated illness or injury at some point during your lifetime. In either instance, Social Security disability benefits attorneys can help you or a loved one apply for appropriate government benefits.

The Social Security Administration oversees two different federal disability benefits programs. Both require applicants to be suffering from a mental or physical medical condition that satisfies the federal government’s definition of “disabled”. A “disability” 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”. Except for the similar definition, the two programs each have different eligibility requirements and purposes.

In a nutshell, Social Security Disability Insurance benefits (“SSDI”) is available to people with sufficient years of work credits during which they paid into the Social Security system through their FICA income taxes. The second disability program, Supplemental Security Income (“SSI”) is available only to those with extremely limited financial assets, and does not require an applicant to ever have worked at all.

Many people trying to live on the disability benefits from either of these programs find it difficult to make ends meet and even cover the basic necessities of life. For many, especially those who took pride in their previous ability to work and earn a paycheck, they would prefer to work but are either unable to work or, if they can work they are unable to find an employer that will hire them.

Fortunately, there is good news for the disabled who are willing and able to work.

Thanks in part to popular TV shows like The Good Doctor and movies like Wonder which focus on the inclusion, high expectations, and success of people with disabilities, real strides are being made in real life nationwide in hiring patterns impacting the disabled. Specifically, “new statistics show 343,483 more people with disabilities joined the American workforce in 2016… four times the rate of the previous year. “

Large corporations have made a commitment to employing people with disabilities and have found they can possess valuable skill sets and be successful employees. Hopefully this positive trend will allow many of those barely subsisting on disability benefits to join or re-join the workforce and lead a better quality of life.

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

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

Q: Can a homeowner’s association foreclose for nonpayment of a homeowner’s single month of dues?

When a life-altering disability unexpectedly strikes you or a loved one, it will disrupt your life regardless of whether you planned well for it or not.

A skilled Arizona disability benefits attorney can help you in applying for disability benefits like Social Security disability insurance (“SSDI”).

They can also help you appeal a denial of benefits which is very common since almost 2/3 of initial applications for Social Security disability insurance benefits are initially denied.

Long-term disability insurance attorneys can help with filing initial claims, pursuing appeals, and providing ongoing advice regarding long-term disability and public benefit programs.

Even in the best-case scenario, when either long-term disability insurance benefits or SSDI benefits are awarded, there is still a gap between what was earned prior to the disability and what fraction the applicant and their family have to live on afterwards. It’s not uncommon for disabled people to fall behind on their bills, even if only for a few months while waiting for their benefits and spending down their nest eggs.

And for people in Arizona, there is a serious and not well-known problem that’s impacting countless disabled folks on fixed incomes which in some cases is rendering them homeless. It’s the Homeowners Association (“HOA”).

Across the state, approximately half of all homeowners—able-bodied or disabled– live in communities that are managed by HOAs. Most people know that the HOAs handle trivial matters like enforcing landscaping requirements, but they don’t realize that the HOA may also foreclose on homeowners as soon as they fall behind in paying their dues.

HOAs and management companies are unregulated and those running them are not required to be specifically trained or licensed. Often there is corruption and embezzlement. Frustrated homeowners who fall behind on a maintenance payment often find themselves unable to catch up due to exorbitant late fees, penalties, and interest and the prompt referral of their accounts to foreclosure firms, where attorney’s fees get added as well.

Obviously, someone who has become disabled and is awaiting benefits, might lose their home if they fall behind during this waiting process.  Arizona advocacy groups are “pushing for legislation that would clarify the HOA-initiated foreclosure process and add protections for homeowners”. Until then, the disabled and others living on fixed incomes remain in danger of being foreclosed upon quickly if they fall behind on their dues.

If you are disabled and need assistance figuring out which benefits you may qualify for, or with filing an initial application or appealing a denial of benefits, the disability lawyers of Arizona at Roeschke Law can help you. And there’s no fee unless you win. Contact us today for a free consultation.

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

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.