Avondale Social Security Disability Attorney
Many applicants for Social Security Disability are denied, leaving them unable to obtain the benefits they need. If this has happened to you, you want a licensed attorney on your side protecting your interests.
For almost three decades, our attorneys at Phillips Law Group have been representing residents in the Avondale area and across Arizona. If you have a valid claim, we are prepared to help you apply for disability benefits or appeal a denied application. We have obtained millions in compensation for clients.
An Avondale Social Security Disability attorney is ready to review your situation in a free consultation. There are no upfront costs involved and you are under no obligation to hire us. Our firm only receives payment if we are successful in helping you obtain disability benefits.
Contact our office anytime, 24/7, at 1-800-706-3000.
Who is Eligible for Disability Benefits?
Your disability or medical condition must meet the Social Security Administration (SSA) definition of a disability. Someone is deemed disabled if:
- He or she is unable to due to work previously done because of his or her condition
- He or she is unable to adapt to other types of work because of his or her disability
- He or she has a condition that will last a minimum of one year or cause death
- He or she has a condition that meets the criteria in one of the listings in the SSA book of qualifying conditions
- He or she is not earning more than the substantial gainful activity limit for the year he or she is applying
- He or she is under the age of 18 with a qualifying medical condition that causes severe functional limitations
A detailed listing of impairments that may qualify for disability benefits can be found on the SSA website. If you are not sure if your disability meets the criteria for one of the listing, we encourage reaching out to an experienced Avondale Social Security Disability lawyer from our firm to see if you may qualify.
Free Consultation. Zero risks or obligations. Ph: 1-800-706-3000.
Social Security Disability Programs Available
Applicants in need of disability benefits may be able to qualify for one of the following SSD programs:
Social Security Disability Insurance (SSDI)
These benefits help those with a disability or medical condition that prevents them from being able to work. Usually, applicants must have no less than 40 work credits and have worked no less than five out of the last ten years before being disabled and unable to work.
Supplemental Security Income (SSI)
These benefits help children and adults who are disabled and have little to no work history and very limited assets. Single applicants cannot have more than $2,000 in assets and couples cannot have more than $3,000.
Disabled Widow and Widower Benefits
These benefits are available to those over 60 years old who could receive their deceased spouse’s benefits. Those who already have a qualifying disability can apply when they turn 50 years of age. Applicants must submit their spouse’s birth and death certificates, among other items.
Disabled Adult Child Benefits
These benefits are available to those over 18 years old, but not 22 years old yet, who have a qualifying disability or medical condition. His or her parents must be alive and eligible for disability benefits. If the parents have passed away, they must have contributed to Social Security for a number of years in order to qualify.
Ways to Apply for Disability Benefits
There are three ways to apply for disability benefits in Avondale if you are not able to work because of a disability or medical condition. These options include:
- Submitting your application online for SSD benefits
- Talking on the phone with an SSA representative
- Going to your local Social Security field office
It is important that you prepare the following information and documentation before applying:
- Social Security number
- Birth certificate
- Proof of U.S. citizenship
- Contact information from doctor and/or hospitals who have treated your condition
- Medical evidence, such as medical records, doctors’ notes and test results
- History of employment, which may include pay stubs
- List of medications that you are currently taking
- Recent tax details, such as W-2 forms or self-employed tax returns
How Phillips Law Group Could Help You
Our attorneys at Phillips Law Group are ready to help you with your application for disability benefits. We have handled many disability claims for our clients and know the common reasons why an applicant is denied.
Insufficient Medical Evidence
An applicant could be denied disability benefits due to insufficient medical evidence. You need to prove that your disability or medical condition will last for at least 12 months and prevents you from working. If we represent you, our legal team is prepared to collect medical records and doctor’s notes to prove this point.
Not Following Treatment Plan
An applicant who does not follow his or her doctor’s recommended treatment plan could be denied disability benefits. A history of medical treatment could help validate a claim because it will show that you are suffering from a disability or medical condition and are doing everything possible to try to recover and get back to work.
Income Exceeds Limits Allowed
Applicants who earn more than the substantial gainful activity allowance will be denied disability benefits. For 2020, you cannot be earning more than $1,260 every month or more than $2,110 if blind.
The Use of Drugs or Alcohol
An applicant may be denied disability benefits if his or her disability or medical condition was caused by use of drugs or alcohol. A claim may be approved by the SSA if you have stopped using these substances, but if you are caught in a lie about having already quit, you could lose any credibility and be denied benefits.
Not Cooperating With the SSA
An applicant who does not cooperate with the SSA while trying to obtain disability benefits may have his or her claim denied. This includes not keeping in touch with the claims examiner, failing to provide requested documentation, or not making an appearance to a scheduled medical exam.
If you have a valid claim, our Avondale Social Security Disability lawyers are here to help make sure that your application is filled in properly and submitted to the SSA within a timely manner to try to avoid any mistakes.
My Claim for Disability Has Been Denied – What Now?
You have the right to appeal a denied disability claim. A written request must be sent to the SSA within 60 days from the initial date of the decision letter. Our legal team at Phillips Law Group is prepared to assist you throughout the appeals process.
- Step one: reconsideration – A request for reconsideration means that your claim will be reviewed by a different examiner than previously. This examiner will look at anything already submitted and any new documents. A decision is generally made within two to three months after the request is filed.
- Step two: hearing – If your disability claim is denied, you could request a hearing before an Administrative Law Judge (ALJ). The ALJ will review your application, including documents submitted and any new information provided. He or she will ask you certain questions about your disability or medical condition to make a decision. A decision is typically made within 30 days from the hearing.
- Step three: appeals council – If you disagree with the ALJ, you may then request for the SSA Appeals Council to review your claim for disability benefits. The Appeals Council will make a decision on its own to approve or deny your application or ask another ALJ to review it.
- Step four: federal court – Should you still not agree with the outcome, the last thing you can do is file a lawsuit in federal court. The SSA is no longer involved and no new information can be submitted. A federal judge will review everything and make a final decision.
The appeals process can be challenging and a long endeavor. This is why it is in your best interest to retain the services of an Avondale Social Security Disability lawyer to help improve your chances at being approved.
Read some of reviews by our satisfied clients.
Can I Work and Receive Disability Benefits?
It is possible to continue working and receive Social Security Disability benefits, however, this is something to discuss with a licensed attorney.
As mentioned above, you cannot earn more than the substantial gainful activity limit in the year you are applying. There are different limits for SSDI benefits and SSI benefits.
However, it is important to note that disability applicants who work are generally only able to obtain benefits if they are working part-time. That said, there is no limit on the number of hours you can work and claims examiners usually do not look at hours worked, unless you are self-employed.
Call a Avondale Social Security Disability attorney to set up a free consultation. 1-800-706-3000
Why Were My Disability Benefits Cancelled?
Unless you have a medical condition that will result in death, or one that is very unlikely to improve, you will need to have continuing disability reviews every few years after your application is approved.
Your benefits could be cancelled if your disability improves to the point where you do not meet the criteria in a disability listing or if you earn more than the substantial gainful activity limit.
If your benefits are cancelled, you can appeal the decision. IF you do so within 10 days of receiving the benefits termination notice, you can continue to receive benefits while your appeal is processed.
When Should I Receive Benefits?
You should expect to start receiving benefits within one or two months of receiving notice your application has been approved. Check your bank account if you signed up for direct deposit. However, if more than 90 days pass before you receive a check, you should ask your lawyer to talk to the SSA about what is going on.
Speak with An Avondale Social Security Disability Lawyer
If you are having a hard time obtaining disability benefits or attempting to appeal a denied claim, a dedicated Avondale Social Security Disability lawyer is here to help. We have many decades of combined experience helping applicants obtain the benefits they need, recovering more than $750 million in compensation for our clients.
Our initial consultations are completely free and there are no upfront fees to retain our services. You only pay us at the very end if we help obtain disability benefits for you. There is no risk in calling us.
Our phone lines are open anytime, day or night. 1-800-706-3000.