When a Social Security Disability claim is denied, it can have an effect on more than just the applicant. Often, families rely on the income that they receive from the Social Security Administration (SSA) and having it taken away can have a serious effect on their economic stability. Howver, a denied application does not necessarily mean that the applicant is not eligible to receive benefits.
For more than 27 years, Phillips Law Group has been helping to provide legal counsel to families throughout Arizona. We have an entire team dedicated to our Social Security Disability clients and welcome the opportunity to review the merits of your benefits claim. Whether you have a new claim that has been denied, existing benefits that have been cancelled or even if you are not sure where to start, we invite you to call us today and speak to a lawyer about your claim.
There are no upfront fees if we take on your case and we only get paid if we successfully obtain benefits on your behalf. To speak with a lawyer, call 602-222-222 for a free, no obligation consultation. You may also fill out and submit the “Free Case Evaluation” form on this page, and a representative from our team will contact you shortly.
Phillips Law Group – No Fees Unless We Win. Ph: 602-222-222 .
What Benefits Am I Eligible To Receive?
As there can be many different reasons why people are in need of disability benefits, the Social Security Administration has developed a range of disability benefit programs that cater to a diverse range of conditions and circumstances. These include:
Social Security Disability Insurance
Also referred to as “SSDI”, these benefits are commonly available to individuals that have lost the ability to work as a result of a disabling condition. In order to qualify for SSDI benefits, applicants must have worked at least five of the past ten years and be able to prove that they can no longer work.
Supplemental Security Income
Also known as “SSI”, this type of financial supplement program provides benefits to disabled children and adults that have a limited financial income. Provided that the application criteria is met, SSI benefits can be paid to applicants from any age group. As with SSDI benefits, it must be proven that a disability is preventing the applicant from working.
Widower Benefits / Disabled Widower Benefits
Applicants that are 50 years or older may be eligible for these benefits, which are provided to those that have lost a spouse within the last seven years before their disability. However, part of the qualification process requires the deceased spouse of the applicant to have worked long enough to have contributed to Social Security, which is commonly determined by the amount of accumulated “work hours”. The Social Security Administration can provide the information to determine that the work hour minimum has been met.
Disabled Adult Child Benefits
Applicants must be over the age of 18 years old, and have become disabled before they turn 22 years of age. Parents of the applicant must be living and eligible for disability benefits. In the event that the parents of the applicant are deceased, they must have contributed to Social Security for a sufficient period of time.
If you are unsure if you are eligible for disability benefits, or perhaps need help with an existing claim, we welcome you to contact us today and allow us to review the details of your application. There are no upfront costs for your consultation.
How Can A Social Security Disability Lawyer Help Me?
Social Security Disability applications are often denied even though the applicant may still be eligible. Unfortunately, when applicants receive their rejection notice, they often do not explore other options that may still be available.
At Phillips Law Group, we have helped numerous clients to successfully obtain benefits and have many years of experience handing SSD applications. In the event that your claim is denied and you reach out to us for help, some of the items we may review include:
Medical Evidence
It is the responsibility of the applicant to prove that they are unable to work. Providing this proof is a core component of a Social Security Disability benefits application.
This proof is often obtained via medical records and Doctor’s notes, that demonstrate the applicant does not have the ability to work in any capacity, due to the applicant’s disability.
Proof of Continued Medical Treatment
Having a track record of consistent medical treatment is also useful when applying for benefits. This history helps to validate the claim – as it demonstrates that the applicant has been disabled for a period of time and is making the effort to receive treatment for that disabling condition.
Income Limits
The Social Security Administration has an allowance threshold, that is known as the “Substantial Gainful Activity” amount. In practice, this means if an applicant is earning more than $1,220 per month (or, up to $2,040 if the applicant has a serious vision impairment), the application will be denied.
Not Cooperating With the SSA
If an applicant does not permit the Social Security Administration to gain access to medical records – or if the applicant does not appear for a medical examination – their application will likely be denied.
The SSA commonly requests a medical examination in the event that the applicant’s medical records are unavailable, or if there is insufficient evidence to support the claim(s) being made by the applicant.
It is also important to ensure that the SSA have your correct and current contact information, as a claim may also be denied if the SSA cannot reach the applicant.
Drug And/Or Alcohol Abuse
In the event that the disability of an applicant is the result of drug or alcohol abuse, a claim may be denied. However, if the applicant has a medical condition that is in addition to a drug or alcohol addiction, the applicant may still be eligible.
An example of this may be an applicant that has seriously impaired vision that prevents them from working, and that impairment affects their ability to work whether they are under the influence of drugs and/or alcohol, or not.
At Phillips Law Group, our experience has shown us that every disability application is unique and that there can be many different factors in each case we handle. As application deadlines and the accuracy of the documentation are very important, our lawyers can also ensure that the details of your application are correctly completed and submitted in an appropriate amount of time.
Phillips Law Group – No Upfront Fees. Ph: 602-222-222 .
Documents That Are Needed for An SSD Application
When attempting to apply for Social Security Disability benefits in Arizona, there are a number of ways that the application can be submitted:
To assist applicants, the Social Security Disability Administration also offers two different “Disability Starter Kits“(one for adult applications and one for children under the age of 18 years old), that help to explain the information that is needed to begin an application. Some of these documents may include:
- Social Security Number of the applicant
- The birth certificate of the applicant (or proof of birth)
- Proof of immigration status (citizenship or lawful resident alien)
- Documents to support earned income
- Documents to support any medical conditions, disabilities and treatment
- Contact information for Doctors and medical facilities that are treating the applicant
- A list of medications that the applicant may be taking
- Recent tax returns – incl. W2 forms and/or self employment tax documents
At Phillips Law Group, we understand that some of this information may be difficult to obtain for many applicants. As part of the service that we provide to our clients, we can help to obtain the information that is needed to ensure your application is completed with the documentation requirements as required by the SSA.
Appealing A Denied Application
In the event that an application is denied, there are commonly four options that may be available. These include:
Requesting Reconsideration
This process involves the claim being reviewed by someone other than the examiner that initially denied the application. Decisions are generally made within two to three months of filing this request.
Requesting A Hearing by An Administrative Law Judge
In the event that your application is denied after being reconsidered, it can be sent to an Administrative Law Judge (ALJ) for review. Commonly, these hearings are held within 75 miles of the applicant’s home and can take over 12 months to receive a date for the hearing.
When that time arrives, the applicant (or legal representative) will have the opportunity to speak with the Administrative Law Judge about the claim and why it should be approved. Once this hearing has taken place, a written decision is usually received within 30 days
Requesting A Review by An Appeals Court
Should the applicant or the applicant’s legal representative not agree with the decision made by the Administrative Law Judge, a request can be submitted to the Social Security Administration’s Appeals Court. If the Appeals Court determines that the decision by the ALJ was correct, they may deny your claim. However, if the Appeals Court decides to review your application, commonly they will either make a decision about your application or, refer it back to a different ALJ.
Requesting A Federal Court Review
If all of the above efforts fail, the final option is to file suit in Federal District Court. In these instances, a Federal judge will review the merits of the case based on the information already submitted (no new information is permitted), along with the transcript provided by the ALJ and make a decision on the case.
While the appeals process can be a time consuming effort, it’s important to note that denied applicants do have a path to appealing a denied claim.
Contact A Mesa Social Security Disability Lawyer
If you are experiencing issues with your Social Security Disability benefits – or with your application for benefits – an experienced Social Security Disability attorney may be able to help. With many years of experience handling Social Security Disability benefits claims, the team at Phillips Law Group are ready to help you today.
There are no upfront costs if we take on your case, an initial consultation with a lawyer at our firm is also free, and we only get paid if your application is accepted. To learn more about the options that may be available for your specific application, speak to a lawyer at our firm today – for free – by calling 602-222-222 or, fill out and send the “Free Case Evaluation” form on this page and a member from our team will contact you shortly.
Phillips Law Group – Free Consultation. Ph: 602-222-222 .
Available 24/7