Focused Exclusively On Social Security Disability Benefits Law in Arizona
why us?
We Work Hard To Secure Your Life
When a disabling condition takes away your ability to work, you rely on disability insurance to make ends meet. You pay into the government disability insurance program through Social Security. It promises to be there when you need it, yet so many Social Security Disability face denial or termination. It is nearly impossible for you or your health providers to know how to successfully navigate the process without the guidance of an experienced Social Security Disability attorney.
“Amazing lawyers, amazing staff and amazing results!
I would highly recommend Pekas Smith: Arizona Disability Attorneys for their excellent customer service and follow up on urgent matters. Always so pleasant to speak to and remained professional always.”
Get in touch with our Arizona social security disability lawyers today to discuss your case.
Social Security Disability Insurance (SSDI), which is also called Disability Insurance Benefits (DIB) and Title II benefits, are benefits based on what you have paid into the Social Security system. When you work, you pay taxes, which gives you quarters of coverage. If you have paid in for enough quarters of coverage, you can be paid Social Security Disability Insurance if you meet the other disability requirements. Even if you meet the Social Security Administration’s definition of disability, you cannot get SSDI if you do not have enough quarters of coverage.
The amount of SSDI payable to you depends on how much you have earned and paid in taxes. The Social Security Administration has a complicated formula for calculating your Primary Insurance Amount (PIA), which is the amount that you can be paid as your monthly SSDI benefit.
If you obtain SSDI, your spouse and children may also be entitled to receive benefits based upon your earnings record. These benefits are known as auxiliary or dependents benefits.
When you apply for SSDI, you claim an onset date of disability, which is the date you were no longer able to perform substantial gainful occupation on a sustained basis. If you are found to be disabled, the Social Security Administration will establish your onset date of disability.
When your SSD benefits are calculated, there is always a five-month waiting period, which begins on the first of the following month. For example, if you are found to be disabled as of March 5, 2017, the five-month waiting period would be April – August, meaning September 2017 would be the first month you would be entitled to receive SSDI benefits. Past due or back Social Security Disability Insurance benefits are payable for up to one year prior to the date of application.
Medicare benefits are payable to the claimant on the 24th month of entitlement to receive SSDI. If September 2017 is the first month of entitlement to receive SSDI, September 2019 is the first month of entitlement to Medicare coverage.
Arizona Supplemental Security Income (SSI)
Supplemental Security Income (SSI), also called Title 16 benefits, are benefits based on income and resources. If you have not paid enough into the system to qualify to receive SSDI, you may qualify to receive SSI.
SSI is intended to provide monthly income to US citizens and legal permanent residents with limited income and resources. You do not need to have a history of working to receive SSI. To qualify, you must meet the disability requirements and be under the income and resource limits for the program.
The disability test is the same for both SSDI and SSI. It is possible to receive both SSDI and SSI if your monthly SSDI amount is very small. When you receive both SSDI and SSI, you are said to be receiving concurrent benefits. Unlike SSDI, SSI does not result in any past due benefits prior to the date of application. If you are found to be disabled as of the date of application, SSI is payable as of the first full month after the date of application. Also, unlike SSDI, SSI does not result in any benefits to spouses and children. Benefits are only payable to the claimant.
If you qualify to receive SSI by meeting both the disability and income and resource requirements, you automatically qualify to receive Medicaid. In Arizona, the Medicaid program is the Arizona Health Care Cost Containment System (AHCCCS).
Disabled Widow(er)s Insurance Benefits (DWIB) are payable to a widow or widower and are paid on the earnings record of the deceased spouse. The disability test for DWIB is the same as it is for SSDI and SSI. There are additional requirements that must be met for DWIB. You must be between 50 and 60 years old.
Also, your disability must start either before or within seven years of the deceased spouse’s date of death, with limited exceptions. This is known as the prescribed period. DWIB are not based on your earnings record. The benefits are payable based on the deceased spouse’s earnings record. There are special rules that allow a surviving divorced spouse to get benefits based upon the record of a deceased former spouse.
Disabled Adult Child (DAC) Benefits
Disabled Adult Child (DAC) benefits are payable to an adult child and are paid on the earnings record of a parent. The disability test for DAC benefits is the same as it is for SSDI and SSI. There are additional requirements that must be met to be eligible for DAC benefits. Disability must be established before age 22. You are eligible for DAC benefits if a parent is deceased or starts receiving retirement or disability benefits.
Disabling Conditions In Arizona
If you have suffered a serious condition that has left you disabled and unable to work, you may qualify for disability benefits. But going up against large insurance companies and getting through all the government red tape with Social Security is complex and difficult to prevail without the right legal team representing you.
With more than 30 years focused exclusively on disability benefits law, we have significant experience with a wide range of disability cases involving insurance companies, Social Security and often both. We’ve helped tens of thousands of clients with various disabling conditions and have vast understanding of what Social Security and insurance carriers consider disabling and how to best secure disability benefits.
Disability insurance companies are not focused on your best interest and Social Security staff, although well-meaning, do not have the time or ability to provide thorough, individualized assistance.
Pekas Smith Disability Attorneys is 100% committed to our clients’ best interests and we have the largest staff of all Arizona Disability Attorneys to support you. Our entire law firm is dedicated to fighting for disability insurance benefits.
While this list does not include all disabling conditions, it covers some of the most common. We do strive to continuously add helpful information about more conditions. If you’re unable to work and don’t see the condition that is disabling you listed here, please don’t hesitate to contact us.
You are not required to have an attorney represent you in your Social Security disability claim. However, your chance of getting (and maintaining) benefits is significantly better when you have an experienced Social Security Disability Insurance attorney navigating the process for you and your medical providers. To win benefits as quickly as possible, it is optimal to hire an attorney from application, but working with an SSD focused lawyer at any stage in the process is beneficial, particularly at the hearing level.
In December 2017, the United States Government Accounting Office (GAO) presented a detailed report to the House Of Representatives Committee and Ways and Means Subcommittee on Social Security titled “Additional Measures and Evaluation Needed to Enhance Accuracy and Consistency of Social Security Disability Hearing Decisions.” The report analyzed cases from 2007 – 2015 and concluded that disability insurance claimants who had representation were approved SSDI benefits at a rate of nearly 3 times higher than those without representation.
Here are some of the key reasons why it’s important to hire an Arizona SSD attorney:
Knowledge of the law
Knowledge of medical record requirements
Documentation of functional limitations
Abilities to present evidence at a hearing
Meet Our Arizona Social Security Disability Lawyers
To put it simply, we know what we’re doing. Our Arizona disability lawyers have more than 30 years of combined experience handling disability benefits cases, exclusively. With more than 10,000 satisfied clients, we have a track record of success.
Attorneys Jeremy D. Pekas, Tye Smith and Sterling King lead a team of experienced support professionals. We’re licensed in the State of Arizona. Plus, our team also has United States District Court and Court of Appeals for the Ninth Circuit admissions, so you have representation wherever your case takes you.
Our team believes that nothing substitutes for hard work. That’s why we know the Social Security laws and procedures in depth. That’s why we get to know you and your situation. It’s this attention to detail that has helped us navigate the disability system for thousands of people. Our team of professionals is here to help you, too.
We are experienced and compassionate. It’s a winning combination.
Meet our team. Come get to know us and discuss your situation.
SSD legal fees In Arizona
We understand you are unable to work and don’t have an income without the disability benefits you deserve. The financial and emotional stress of that while also dealing with your disabling condition is difficult.
We want to do all we can to make the process as easy on you as possible. That’s why we don’t charge a fee for our legal services unless we win your case. We also advance the cost your doctors, hospitals, and other treatment providers charge for providing your medical records. Other firms don’t do this.
The fee for representation in Social Security Disability Insurance (SSDI) or in Supplemental Security Income (SSI) claims is regulated by the Social Security Administration and by Congress. Therefore, there is no negotiation. This means the best and most experienced SSD attorney doesn’t cost any more than an attorney fresh out of law school.
Social Security Disability Advocate companies charge the same fees but are non-attorney representatives handling your case. While they may provide an attorney at the hearing level, it is typically one they contract with out-of-state.
These national companies cannot provide the experience or benefits our local Arizona disability attorneys can. Also, many advocate companies are funded by large disability insurance carriers where sharing of information could be detrimental if you’re also filing for Disability benefits through your employer or private disability insurance policy.
When choosing who to trust and fight for you to get the disability benefits you need to re-secure your life, focus on quality, local SSD attorney representation to ensure you get the best, since the cost is the same for all options.
Contact our Arizona Social Security Disability Lawyers
Statewide presence, localized service
Our social security disability lawyers serve people throughout Arizona and beyond. We are a full-service firm with offices in Phoenix, Tucson and a presence throughout the state. We even handle cases out of state with ease, using phone and video calls.
Wherever you need us, we can help you. We know that when you’re injured, mobility is an issue. That’s why we can talk by phone, video call or another way that works for you.
To see how convenient our services are and how we can represent you, we invite you to contact us to talk about your situation.
CONCENTRATION
Our firm has been focused exclusively on disability benefits law for more than 30 years. Social Security laws and regulations are extremely complicated and the process to get and keep disability benefits isn’t easy. That’s why denial and termination rates without the guidance of an SSD attorney are so high. When it comes to protecting benefits you rely on, working with a firm concentrated in Social Security Disability is your best defense.
EXPERIENCE
Our attorneys have represented over ten thousand clients in of Social Security Disability claims. With decades of combined experience, we know what we are doing. We also have a highly experienced support team. Much of our staff previously worked for the Social Security Administration or insurance companies. So they know what it takes to handle claims right. Experience matters. You have a much better chance of winning your claim if you are represented by an experienced attorney and legal team on your side.
LOCAL ADVANTAGE
There are many regional and national firms who provide representation in Social Security Disability claims. Some have attorneys and many have non-attorney representatives. At Pekas Smith: Arizona Disability Attorneys, you are always represented by an experienced Arizona attorney. We travel around the state to represent our clients and have extensive experience in front of the judges in Phoenix and Tucson. We can tell you exactly what to expect when you go to court and know how to prepare your case for the best possible outcome. An attorney or non-attorney advocate who flies in from across the country cannot provide that level of local ability or the rapport we have with Arizona SSA staff and doctors that make decisions and provide evidence for your case.
COMMITMENT
We are committed to helping you every step of the way. We will file your application or appeal and communicate with the agency so you don’t have to. We will work to get the medical records and assessments from your treating doctors to support your claim at hearing. Many attorneys and national advocates do not continue representation to the next levels of adjudication after a hearing, but we continue representation to the highest levels and have an excellent record and long history of success in the federal court system. We know what has to be proven to establish your entitlement to disability benefits. So many of our clients have expressed that dealing with the process of trying to get benefits without an attorney chips away at their dignity. Let us deal with the Social Security system for you so you can concentrate on your health and surviving this difficult time.
COMPASSION
The hardest part of being disability benefits lawyers is that we and our support staff see so much suffering. Our clients are in pain and struggling to survive. When our clients can no longer work, it is not only a financial hardship, but a psychological burden as well. We understand that winning your case not only helps you obtain benefits and health care coverage, it also provides much needed validation. Finally, someone believes you. We care to work as hard as possible to help our clients win as early in the process as possible.
CONVENIENCE
Not only is our initial consultation free, but you pay nothing unless we win your case. We understand getting around may be difficult for you. We’re happy to meet in person or by phone – whatever works best for you. Our staff will diligently keep you informed about your case and provide convenient reminders for appointments and documentation to support your case. After your case, we stay with you to ensure you actually receive your benefits, that they are correct and help you maintain them. Many other firms do not provide such comprehensive and convenient follow through.
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Frequently Asked Questions
Can a disability lawyer help me win my case?
A disability lawyer can significantly increase your chances of winning your case. Their expertise in navigating the complex application process and understanding of disability law ensures that your claim is presented effectively.
How much do disability lawyers typically charge?
The typical charges for disability lawyers often include a contingency fee, which is usually around 25% of the back pay awarded to the client. Many firms, including Pekas Smith, offer free consultations to discuss fees and services.
Can disability lawyers handle Social Security disability claims?
Disability lawyers can indeed handle Social Security disability claims. They specialize in navigating the complex application process, ensuring that clients receive the benefits they deserve.
How does a disability attorney prepare for a hearing?
A disability attorney prepares for a hearing by thoroughly reviewing the case file, gathering relevant medical documentation, and developing a strategic argument to present before the judge, ensuring all key points are addressed effectively.
What does a disability attorney do for their clients?
A disability attorney assists clients by navigating the complex application process for Social Security Disability benefits, ensuring all necessary documentation is submitted, representing them in hearings, and advocating for their rights throughout the claims process.
Can a disability lawyer help with SSD benefits?
A disability lawyer can significantly assist with SSD benefits. They provide expert guidance throughout the application process, help gather necessary documentation, and represent clients in appeals, increasing the chances of a successful claim.
Do disability lawyers handle both SSD and SSI claims?
Disability lawyers handle both SSD and SSI claims. They are equipped to assist clients with the complexities of both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) applications and appeals.
Can a disability attorney help with SSDI claims?
A disability attorney can significantly assist with SSDI claims by navigating the complex application process, ensuring all necessary documentation is submitted, and representing clients in appeals if needed, ultimately increasing the chances of a successful outcome.
How do I find a qualified disability attorney near me?
Finding a qualified disability attorney near you involves researching local law firms specializing in disability benefits, checking online reviews, and seeking recommendations from trusted sources. Consider scheduling consultations to assess their expertise and approach.
How long does it take to resolve a disability case?
The duration to resolve a disability case can vary significantly. Typically, it may take several months to over a year, depending on the complexity of the case and the backlog of the Social Security Administration.
What are the benefits of hiring a disability lawyer?
The benefits of hiring a disability lawyer include expert guidance through the complex application process, increased chances of approval for Social Security Disability claims, and the ability to navigate appeals effectively, ensuring your rights are protected.
What is the role of a disability lawyer in court?
The role of a disability lawyer in court is to advocate for clients seeking disability benefits, presenting evidence, navigating legal procedures, and ensuring that their rights are protected throughout the hearing process.
What is the average settlement for disability cases?
The average settlement for disability cases varies significantly based on individual circumstances, but it typically ranges from $10,000 to $50,000, depending on the complexity of the case and the severity of the disability.
What is the disability lawyers strategy for winning cases?
The strategy of disability lawyers for winning cases involves thorough preparation, including gathering medical evidence, understanding the legal criteria for disability benefits, and effectively presenting the case to demonstrate the client's eligibility for Social Security Disability benefits.
How does a disability lawyer prove disability?
A disability lawyer proves disability by gathering medical evidence, documentation of daily limitations, and expert testimonies to establish that the client meets the Social Security Administration's criteria for disability benefits.
Can I appeal a denied disability claim with a lawyer?
You can appeal a denied disability claim with a lawyer. Having legal representation can significantly enhance your chances of success in navigating the complex appeals process and presenting a strong case.
What qualifications should I look for in a lawyer?
The qualifications to look for in a lawyer include relevant experience in disability law, a strong track record of successful claims, and a commitment to client advocacy. Additionally, ensure they have proper licensing and positive client reviews.
How can a lawyer assist with claims process?
A lawyer can assist with the claims process by navigating the complexities of Social Security Disability applications, ensuring all necessary documentation is submitted, and representing clients in hearings, ultimately increasing the chances of a successful outcome.
What are common mistakes in disability applications?
Common mistakes in disability applications include incomplete forms, insufficient medical evidence, missing deadlines, and failing to follow up on claims. These errors can significantly delay or jeopardize the approval of benefits.
How do I prepare for a consultation with a lawyer?
Preparing for a consultation with a lawyer involves gathering relevant documents, outlining your case details, and preparing questions to discuss. This ensures a productive meeting and helps the lawyer understand your situation better.
What documents are needed for a disability claim?
The documents needed for a disability claim include your Social Security number, medical records, work history, and any relevant financial information. These documents help establish your eligibility for benefits.
How often do lawyers update clients on cases?
Lawyers typically update clients on their cases regularly, depending on the case's progress and developments. Clients can expect updates at key milestones or whenever significant changes occur to ensure they stay informed throughout the process.
What should I ask a potential disability attorney?
When considering a potential disability attorney, you should ask about their experience with Social Security Disability claims, their success rates, the fees they charge, and how they will communicate with you throughout the process.
Are there specific strategies for appeal hearings?
Specific strategies for appeal hearings include thoroughly preparing your case, gathering supporting medical evidence, and presenting clear, compelling testimony. Working with an experienced attorney can significantly improve your chances of a successful outcome.
How can I check my case status with a lawyer?
Checking your case status with a lawyer can be done by directly contacting their office via phone or email. You can also schedule a meeting to discuss updates and any questions you may have about your case.
What types of evidence support a disability claim?
The types of evidence that support a disability claim include medical records, treatment history, statements from healthcare providers, and documentation of how the disability affects daily activities and work capabilities.
What happens if my claim is denied initially?
If your claim is denied initially, you have the option to appeal the decision. This process involves reviewing the reasons for denial and submitting additional evidence to support your case.
Can a lawyer expedite my disability claim?
A lawyer can help expedite your disability claim by ensuring that all necessary documentation is submitted accurately and promptly, and by effectively navigating the complexities of the application process on your behalf.
What role does medical documentation play in claims?
Medical documentation plays a crucial role in disability claims by providing evidence of a claimant's medical condition and its impact on their ability to work. This documentation is essential for substantiating claims and ensuring a successful outcome.
How does my age affect disability claims success?
Your age can significantly impact the success of your disability claims. Generally, older applicants may find it easier to qualify for benefits due to the Social Security Administration's recognition of age-related difficulties in securing employment.
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Frequently Asked Questions
Can a disability lawyer help me win my case?
A disability lawyer can significantly increase your chances of winning your case. Their expertise in navigating the complex application process and understanding of disability law ensures that your claim is presented effectively.
How much do disability lawyers typically charge?
The typical charges for disability lawyers often include a contingency fee, which is usually around 25% of the back pay awarded to the client. Many firms, including Pekas Smith, offer free consultations to discuss fees and services.
Can disability lawyers handle Social Security disability claims?
Disability lawyers can indeed handle Social Security disability claims. They specialize in navigating the complex application process, ensuring that clients receive the benefits they deserve.
How does a disability attorney prepare for a hearing?
A disability attorney prepares for a hearing by thoroughly reviewing the case file, gathering relevant medical documentation, and developing a strategic argument to present before the judge, ensuring all key points are addressed effectively.
What does a disability attorney do for their clients?
A disability attorney assists clients by navigating the complex application process for Social Security Disability benefits, ensuring all necessary documentation is submitted, representing them in hearings, and advocating for their rights throughout the claims process.
Can a disability lawyer help with SSD benefits?
A disability lawyer can significantly assist with SSD benefits. They provide expert guidance throughout the application process, help gather necessary documentation, and represent clients in appeals, increasing the chances of a successful claim.
Do disability lawyers handle both SSD and SSI claims?
Disability lawyers handle both SSD and SSI claims. They are equipped to assist clients with the complexities of both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) applications and appeals.
Can a disability attorney help with SSDI claims?
A disability attorney can significantly assist with SSDI claims by navigating the complex application process, ensuring all necessary documentation is submitted, and representing clients in appeals if needed, ultimately increasing the chances of a successful outcome.
How do I find a qualified disability attorney near me?
Finding a qualified disability attorney near you involves researching local law firms specializing in disability benefits, checking online reviews, and seeking recommendations from trusted sources. Consider scheduling consultations to assess their expertise and approach.
How long does it take to resolve a disability case?
The duration to resolve a disability case can vary significantly. Typically, it may take several months to over a year, depending on the complexity of the case and the backlog of the Social Security Administration.
What are the benefits of hiring a disability lawyer?
The benefits of hiring a disability lawyer include expert guidance through the complex application process, increased chances of approval for Social Security Disability claims, and the ability to navigate appeals effectively, ensuring your rights are protected.
What is the role of a disability lawyer in court?
The role of a disability lawyer in court is to advocate for clients seeking disability benefits, presenting evidence, navigating legal procedures, and ensuring that their rights are protected throughout the hearing process.
What is the average settlement for disability cases?
The average settlement for disability cases varies significantly based on individual circumstances, but it typically ranges from $10,000 to $50,000, depending on the complexity of the case and the severity of the disability.
What is the disability lawyers strategy for winning cases?
The strategy of disability lawyers for winning cases involves thorough preparation, including gathering medical evidence, understanding the legal criteria for disability benefits, and effectively presenting the case to demonstrate the client's eligibility for Social Security Disability benefits.
How does a disability lawyer prove disability?
A disability lawyer proves disability by gathering medical evidence, documentation of daily limitations, and expert testimonies to establish that the client meets the Social Security Administration's criteria for disability benefits.
Can I appeal a denied disability claim with a lawyer?
You can appeal a denied disability claim with a lawyer. Having legal representation can significantly enhance your chances of success in navigating the complex appeals process and presenting a strong case.
What qualifications should I look for in a lawyer?
The qualifications to look for in a lawyer include relevant experience in disability law, a strong track record of successful claims, and a commitment to client advocacy. Additionally, ensure they have proper licensing and positive client reviews.
How can a lawyer assist with claims process?
A lawyer can assist with the claims process by navigating the complexities of Social Security Disability applications, ensuring all necessary documentation is submitted, and representing clients in hearings, ultimately increasing the chances of a successful outcome.
What are common mistakes in disability applications?
Common mistakes in disability applications include incomplete forms, insufficient medical evidence, missing deadlines, and failing to follow up on claims. These errors can significantly delay or jeopardize the approval of benefits.
How do I prepare for a consultation with a lawyer?
Preparing for a consultation with a lawyer involves gathering relevant documents, outlining your case details, and preparing questions to discuss. This ensures a productive meeting and helps the lawyer understand your situation better.
What documents are needed for a disability claim?
The documents needed for a disability claim include your Social Security number, medical records, work history, and any relevant financial information. These documents help establish your eligibility for benefits.
How often do lawyers update clients on cases?
Lawyers typically update clients on their cases regularly, depending on the case's progress and developments. Clients can expect updates at key milestones or whenever significant changes occur to ensure they stay informed throughout the process.
What should I ask a potential disability attorney?
When considering a potential disability attorney, you should ask about their experience with Social Security Disability claims, their success rates, the fees they charge, and how they will communicate with you throughout the process.
Are there specific strategies for appeal hearings?
Specific strategies for appeal hearings include thoroughly preparing your case, gathering supporting medical evidence, and presenting clear, compelling testimony. Working with an experienced attorney can significantly improve your chances of a successful outcome.
How can I check my case status with a lawyer?
Checking your case status with a lawyer can be done by directly contacting their office via phone or email. You can also schedule a meeting to discuss updates and any questions you may have about your case.
What types of evidence support a disability claim?
The types of evidence that support a disability claim include medical records, treatment history, statements from healthcare providers, and documentation of how the disability affects daily activities and work capabilities.
What happens if my claim is denied initially?
If your claim is denied initially, you have the option to appeal the decision. This process involves reviewing the reasons for denial and submitting additional evidence to support your case.
Can a lawyer expedite my disability claim?
A lawyer can help expedite your disability claim by ensuring that all necessary documentation is submitted accurately and promptly, and by effectively navigating the complexities of the application process on your behalf.
What role does medical documentation play in claims?
Medical documentation plays a crucial role in disability claims by providing evidence of a claimant's medical condition and its impact on their ability to work. This documentation is essential for substantiating claims and ensuring a successful outcome.
How does my age affect disability claims success?
Your age can significantly impact the success of your disability claims. Generally, older applicants may find it easier to qualify for benefits due to the Social Security Administration's recognition of age-related difficulties in securing employment.
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Focused Exclusively On Social Security Disability Benefits Law in Arizona
