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Focused Exclusively On Social Security Disability Benefits Law in Arizona
Social Security Disability Insurance (SSDI) in Arizona
Social Security Disability Insurance (SSDI), also called Disability Insurance Benefits (DIB) or Title II benefits, pays monthly benefits to workers who paid enough Social Security taxes before becoming disabled. Your work history determines your quarters of coverage, and you need enough quarters to qualify, regardless of how severe your medical condition is.
Your benefit amount is based on your Primary Insurance Amount (PIA), which the Social Security Administration calculates from your earnings record. If you’re approved, a five-month waiting period applies before payments start, and Medicare coverage begins in your 24th month of entitlement. Spouses and children may also qualify for benefits based on your earnings record.
Review SSA’s disability eligibility requirements for the federal rules.
Supplemental Security Income (SSI) in Arizona
Supplemental Security Income (SSI), also called Title 16 benefits, is based on income and resources rather than work history. If you haven’t paid enough into Social Security to qualify for SSDI, you may still qualify for SSI as long as you meet the disability standard and stay under the program’s income and resource limits. The SSA’s income and resource tests set specific dollar thresholds that determine whether you qualify for SSI.
It’s possible to receive both SSDI and SSI at the same time if your SSDI amount is low enough, known as concurrent benefits. Qualifying for SSI also qualifies you for Medicaid, which in Arizona is administered through the Arizona Health Care Cost Containment System (AHCCCS).
Review SSI’s income and resource limits for the current thresholds.
Arizona Disabled Widow(er)’s Insurance Benefits (DWIB)
Disabled Widow(er)’s Insurance Benefits (DWIB) are paid to a surviving spouse based on the deceased spouse’s earnings record, not the surviving spouse’s own work history. You must be between 50 and 60 years old, and your disability generally must begin within seven years of your spouse’s death, with limited exceptions. A surviving divorced spouse may also qualify under certain conditions.
Disabled Adult Child (DAC) Benefits
Disabled Adult Child (DAC) benefits are paid to an adult child based on a parent’s earnings record when that parent is deceased or has started receiving retirement or disability benefits. The disability must have started before age 22, and the same medical disability standard used for SSDI and SSI applies.
SSDI vs. SSI vs. DWIB vs. DAC at a Glance
| Program | Based On | Work History Required | Additional Eligibility Rules | Health Coverage |
|---|---|---|---|---|
| SSDI | Your own earnings record | Yes, enough work credits | Disability is expected to last a year or more | Medicare after 24 months of benefits |
| SSI | Income and resources | No | Must stay under SSI’s income and resource limits | Medicaid (AHCCCS), often immediately |
| DWIB | Deceased spouse’s earnings record | No | Age 50 to 60; disability generally within 7 years of spouse’s death | Medicare after 24 months of benefits |
| DAC | Parent’s earnings record | No | Disability began before age 22; generally unmarried | Medicare after 24 months of benefits |
Disabling Conditions We Handle in Arizona
Whether you qualify for SSDI, SSI, DWIB, or DAC benefits, the same medical disability standard applies.
Pekas Smith brings more than 30 years of combined experience to a wide range of disability cases. The list below covers some of the most common conditions we see. If your condition isn’t listed here and it keeps you from working, contact us anyway.
- PTSD
- Heart disease
- Fibromyalgia
- Depression
- Degenerative joint disease
- Degenerative disc disease
- Cancer
- Autism
- Arthritis
- Anxiety
- Chronic kidney disease
- Gastrointestinal (GI) disorders
- Multiple sclerosis
- Ophthalmic disorders (vision loss)
- Otological disorders (hearing loss)
- Chronic fatigue syndrome (SEID)
- Traumatic brain injuries
Why Should You Hire an Arizona SSD Attorney?
You aren’t required to have an attorney represent you in a Social Security Disability claim, but an attorney can improve your odds. Working with an experienced SSDI attorney in Arizona means working with someone who understands how the Social Security Administration evaluates substantial gainful activity (SGA).
SGA is the earnings threshold that determines whether you’re considered able to work. A 2017 GAO report examining Administrative Law Judge decisions from 2007 to 2015 found that claimants with representation were allowed benefits at nearly three times the rate of those without it.
Hiring an attorney at the application stage gives your case the most time to prepare. However, working with an SSD-focused lawyer at any stage is helpful, particularly when heading into a disability hearing or the appeal process.
An Arizona SSD attorney can help with:
- Understanding the medical and legal standards that the SSA applies, including how medical-vocational grid rules apply to claimants who can no longer do past work
- Gathering the medical records your claim needs
- Documenting how your condition limits your ability to work
- Presenting evidence and testimony at an Administrative Law Judge hearing
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Meet Our Arizona Social Security Disability Lawyers
Pekas Smith is led by co-founders Jeremy D. Pekas and Tye Smith, alongside attorneys Sterling King and Rebecca Gonzales. Pekas earned his J.D. magna cum laude from Florida Coastal School of Law, while Smith holds his from the Sandra Day O’Connor College of Law at Arizona State University, where he graduated in 2010.
King, a former U.S. Marine Corps sergeant, earned his J.D. cum laude from Gonzaga University School of Law. Gonzales rounds out the team with a J.D. from The Ohio State University Moritz College of Law.
Social Security Disability Legal Fees in Arizona
Pekas Smith works on a contingency basis: there’s no attorney fee unless your claim is approved. We also advance the cost of obtaining your medical records from doctors, hospitals, and other treatment providers.
The SSA and Congress regulate attorney fees for SSDI and SSI claims, so the fee structure is the same no matter which attorney you choose. An experienced Arizona SSD attorney costs the same as one fresh out of law school. That is why local, Arizona-based representation is worth choosing over an out-of-state advocacy company. The cost is identical, so experience and local relationships are what set firms apart.
Why Arizona Clients Choose Pekas Smith
Exclusive Focus
Pekas Smith practices exclusively in Social Security Disability law, including SSDI, SSI, and related programs like DWIB and DAC benefits.
Statewide Experience
The firm has represented more than 10,000 disability clients across Arizona, with attorneys who appear at hearing offices throughout the state. Past clients have shared their experiences in the firm’s client reviews.
Federal Court Standing
Pekas Smith attorneys are members of the National Organization of Social Security Claimants’ Representatives (NOSSCR). We are also admitted to practice before the U.S. District Court for the District of Arizona and the Ninth Circuit Court of Appeals.
Full-Process Representation
The firm handles applications, reconsiderations, hearings, and appeals, and continues representation into federal court when a case requires it.
Direct Communication
Pekas Smith communicates with the Social Security Administration on your behalf and keeps you updated on your case status and any documentation you need to provide.
Flexible Meetings
Pekas Smith communicates with the Social Security Administration on your behalf and keeps you updated on your case status and any documentation you need to provide.
Contact Our Arizona Social Security Disability Lawyers
Pekas Smith is based in Phoenix and represents clients throughout Arizona, including those near the Tucson hearing office. Meetings are available by phone, video, or in person, whichever works best for you.
If you’re applying for benefits, appealing a denial, or preparing for a hearing, reach out to discuss your case with an Arizona Social Security Disability lawyer. Consultations are free and confidential, and there’s no fee unless your claim is approved. Call 602.962.2818 or contact us online to get started.
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Frequently Asked Questions
What’s the difference between SSDI and SSI?
The difference between SSDI and SSI is how each program determines eligibility. SSDI is based on your work history and the Social Security taxes you paid, while SSI is based on financial need and doesn’t require a work history. Both programs use the same medical disability standard, so you qualify financially in different ways, not by being more or less disabled.
Can I receive both SSDI and SSI at the same time?
Yes, some claimants receive both SSDI and SSI at the same time, when their SSDI benefit is too low to cover basic needs on its own. Meeting SSI’s income and resource limits on top of a small SSDI payment, called concurrent benefits, adds a supplemental payment and Medicaid coverage through Arizona’s AHCCCS program to fill the gap.
Does Pekas Smith charge a fee if my claim is denied?
Pekas Smith doesn’t charge a fee if your claim is denied. Because the firm works on a contingency basis, you don’t owe an attorney’s fee if your case isn’t approved. The firm also covers the upfront cost of gathering your medical records, so pursuing a claim doesn’t require any out-of-pocket payment, regardless of the outcome.
What happens if my Social Security Disability claim is denied?
If your Social Security Disability claim is denied, you can request reconsideration, and if you’re denied again, request a disability hearing before an Administrative Law Judge. Most SSDI and SSI claims are denied at the initial application stage, so this is a common next step. Each stage has a strict filing deadline, usually 60 days from the denial notice, so it helps to act quickly and get legal advice early.
What disqualifies someone from Social Security Disability benefits?
Common reasons that disqualify someone from Social Security Disability benefits include earning above the SSA’s substantial gainful activity limit, not having enough work credits for SSDI, having income or resources above SSI’s limits, or a condition that isn’t expected to last at least a year. Insufficient medical documentation is one of the most common reasons claims are denied, even when the underlying condition qualifies. If your claim is already denied, the appeal process has strict deadlines at every stage.
Can I work part-time while receiving SSDI or SSI?
You can work part-time while receiving SSDI or SSI, but your earnings determine whether it affects your benefits. For SSDI, earning above the SSA’s substantial gainful activity limit can end your benefits. For SSI, income above the program’s limit reduces or ends your payment. An attorney can help you understand how work income affects your specific case.
Which SSA hearing office handles my Arizona case?
The SSA hearing office that handles your Arizona case is generally either the Phoenix or the Tucson hearing office, depending on where you live. Pekas Smith attorneys appear at both, along with other Office of Hearings Operations locations across the state, so your location doesn’t limit which attorney can represent you.
Do I need a lawyer if I haven’t been denied yet?
You aren’t required to have a lawyer at any stage, including the initial application. Many people bring in an attorney only after a denial, but starting with legal help from the beginning gives your case more time to gather strong medical evidence. That also reduces the chance of an early, avoidable denial.
How long does a disability claim take in Arizona?
How long a disability claim takes in Arizona varies by stage and by how backlogged your local hearing office is. Initial applications, reconsiderations, and hearings each add months to the timeline, and a hearing request can take over a year to be scheduled. An attorney familiar with your local hearing office can give you a more specific estimate for your case.
What happens at a Social Security disability hearing?
At a Social Security disability hearing, an Administrative Law Judge reviews your medical evidence, may question you directly about your condition and work history, and sometimes hears testimony from a vocational or medical expert. What to expect at a disability hearing walks through how to prepare for each stage.
