What if I get denied?

What if I get denied?

By Nicholas Wearne, Attorney

Social Security Department

Snow, Carpio & Weekley

Clients come in to consult with me usually when they have recently been injured or when they have applied for social security disability and been denied.  If you have applied for social security disability benefits and been denied, do not be discouraged.  The application process for social security disability is a three step process and there are steps you can take to appeal the denial.

Initial Application: When most people come in to talk with us they have been denied at the initial level.  When you apply for social security disability benefits you can fill out an application on line at SSA.GOV or in person at the social security administration office.  The application is reviewed by the Department of Economic Security and the majority of applications are denied.

Reconsideration:  If you are denied at the initial level you can do a request for reconsideration.  When filling out the request you will be asked why you want the Department of Economic Services to reconsider your application.  Sometimes there is added information for them to consider and other times we ask them to reconsider purely because we disagree with the decision that was made.  If you were denied at the initial level, chances are you will be denied at the reconsideration level as well.

Hearing: If you are denied at the reconsideration level do not despair, you can request a hearing. At hearing you will go in front of a judge either by yourself or with your attorney and will be asked to make arguments as to why you believe you are disabled under the law.  Your chances of getting approved are much better at the hearing level than they are at the initial or reconsideration levels.  Obviously there is never a guarantee.  If denied at the hearing level there are even higher levels of appeal that I will explain in another blog.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

How old do I have to be to apply for SSD?

How old do I have to be to apply for SSD?

By Nicholas Wearne, Attorney

Social Security Department

Snow, Carpio & Weekley

This is kind of a trick question and difficult to answer.  A person is disabled under under the law if they 1) have a severe injury (injury that takes more than a year to heal from), 2) are not working, and 3) are disabled under the law.  There are three ways to prove that a person is disabled under the law 1) if they meet a listing, 2) if they grid, 3) if their condition is so sever that it is equal in severity to a listing.

Age makes a big difference to a person who wishes to prove that they are disabled using the grid. Social Security Disability has a table or spreadsheet they call the grid.  If you plug things like age, education, previous work experience, and current work restrictions into the grid table a person will come out to be disabled or not disabled. The older you are, the easier it is to use the grid to prove that you are disabled.  Before 50 the grid is very difficult to use to prove that you are disabled.  Before 50 we usually try and show that you meet a listing or that your injuries are so severe they are equal to a listing.

So, if you would like to use the grid to prove that you are disabled the best time to apply is once you are over 50.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Social Security – The Application Process

Blog Written By:

Nicholas Wearne,  SSD Attorney

Snow, Carpio & Weekley

As the firm’s social security disability attorney some of the most common questions I get is how do I apply for social security disability and what do I expect once I have applied.   The application process for social security disability is a lengthy one.   It all starts with an initial application that you fill out online at www.ssa.gov. Once the application is complete it goes off for review.  They will request your medical records and determine whether you are disabled pursuant to the law.  It takes roughly 4-6 months to hear back on the initial application and the vast majority of people who apply get denied.  But do not be discouraged, the denial can be appealed with a request for reconsideration.

When a request for reconsideration is completed your application goes back in for the review process a second time.  Usually if you were denied at the initial level you will be denied at the reconsideration level as well. It takes about 6-8 months to hear back on the request for reconsideration. If you are denied at reconsideration, do not be discouraged, the denial can be appealed with a request for hearing.

If you have not involved an attorney at this point, I would highly recommend it.  It takes roughly a year to get a hearing date.  Unlike the previous phases prior to the hearing you will be expected to submit evidence to the judge regarding your medical condition.  At the hearing you will be expected to present an argument as to why you are disabled under the law.  The hearing lasts about one hour.  After several months of consideration the judge will make a determination as to whether or not you are disabled and qualify for benefits.

If you are denied at the hearing level, and there is an error in the way the judge applied the law you can appeal your case to the Appeals Counsel where a group of judges will review the decision to see if there was any error in the way the judge applied the law.  If you are denied at Appeals Counsel there are select cases you can appeal to Federal Court.  Federal Court cases are not something that we handle at our firm.

In sum, the application process is lengthy.  It can be frustrating and discouraging. If you are at any level of the application process and need help with your claim feel free to contact Snow Carpio and Weekley and just ask to speak with our Social Security Department. 

If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781 or you can visit our website at: www.workinjuryaz.com

How am I supposed to feed my family?

              

  How am I supposed to feed my family? 

by April Snow,

Business Manager

Snow, Carpio & Weekley

One of the hardest parts of running a law firm that helps injured workers and those with disabilities is hearing the heartbreaking stories of what our clients go through when they have no income for up to 2 years if applying for SSD or if they are only receiving a percentage of their income if they have been injured on the job.

The most common questions I get from upset clients when I speak with them as the Business Manager for the firm is "How am I supposed to feed my family" or "How am I going to pay my rent/house payment?" In fact, the only time I really have to speak with an upset client is because of money. They are desperate for it. They need it and every day is a struggle to wait for it. And even when it comes in; its not enough to take care of everything. And I'm not just talking about people who didn't have a "rainy day fund" or savings built up, I am talking about everybody from every economic walk of life!

Imagine for a moment your own household budget. You know what is due every month, what your income is and you probably have a schedule for which bills you pay out of each paycheck. Now imagine that you go to work one day and you are injured. Injured to the point where you are now thrust into the long process of filing a claim, receiving ongoing medical treatment and depending on somebody who views you as a file number to pay you .6667% of your normal salary/pay in a timely manner. And your first compensation check doesn't come on your normally scheduled payday like your paycheck would. You have to wait for the claim to be accepted, a work status to be established by the doctor and oh yeah, you have to be out of work 14 days before they consider you as having a time loss. So from day one your are behind the 8 ball financially. 

I believe that there are three parts to an injury. First, the physical injury. Second the financial injury. Third, the emotional injury.

Have you ever seen a grown man cry? I have. Multiple times actually in my  years here at the firm. They are the ones who take it all the hardest it seems. When a man cannot work, cannot provide for his family and cannot put food on the table, it's his worst nightmare. You can see them change from the beginning of their claim through the end. They are the ones who will call me daily too see if their checks came in, even if they know they aren't even due yet. They are the ones who are yelling one minute and then literally crying on the phone the next minute because they are trying to keep it all together. 

In the time it takes an average SSD application to get approval or for an injured worker who has sustained a severe injury that will keep him out of work for months to get back on their feet and released to full duty; it is not abnormal to hear that our clients have had to move because they can no longer afford their home, have had vehicles repossessed because of non-payment or have had to apply for financial assistance through DES or other State agencies. I once gave a client a list of all the food banks in the East Valley and helped him map out where they were all located so he could go to multiple food banks in one day so he could stock up on food for his family. I started to cry when he left because I felt his despair and knew that even if I was able to help him personally, there are so many more in the same position as he was.

So what do we do to help? Well, the first thing we do is to train our staff to work diligently on client files, stay on task with all their assigned cases and stay on top of adjusters to pay compensation timely. We also train our staff through various Customer Service Training's throughout the year to understand that the person yelling on the phone or in the office is trying to cope with one of the most trying processes they will experience in their lives and that this is most likely not the way the person normally reacts and handles things. We train them not to get frustrated and not to get upset but rather, to be patient and listen. And when we listen, we try to see what it is they need and we try and direct them to outside resources that they may find useful during this sometimes very long and trying ordeal. 

As the support staff here at the firm, we have to be more than the people who shuffle the papers and process the checks; we have to be human and relate to the problems of our clients. Its what right and its what makes us different from other firms. Our attorneys work in these communities, most of them grew up in these communities and I am pretty sure that every single one of us here at SCW has faced financial hardships at one time or another in either their youths or adult lives. 

So, if you or somebody you know is in a financial situation because of an injury, a disability, a job loss or an unexpected life event, below is a list of resources that may be helpful. Nothing is going to make everything perfect when dealing with these issues, but it may be a start to some very much needed help. 

For help applying for Food Stamps:
https://www.azdes.gov/nutrition_assistance/

Various Programs (up to 40!) that you may qualify for:
http://arizonaselfhelp.org/

For help with utilities:
http://www.needhelppayingbills.com/html/arizona_liheap_and_weatherizat.html

To find a food bank near you:
http://www.azfoodbanks.org/index.php/foodbank/

Women, Infant and Children:
http://azdhs.gov/prevention/azwic/

Summer Breakfast and Lunches for Children:
http://www.azsummerfood.gov/

Market on the Move:
http://the3000club.org/wordpress/


To speak with our firm regarding a work injury or applying for Social Security Disbaility, you can call toll-free at 855-325-4781 to schedule a free consultation in person or over the phone. We service the entire State of Arizona and have bilingual staff and attorneys. You can read more about Snow, Carpio & Weekley on our website at: www.workinjuryaz.com.

Is it true that most Social Security Disability applications get denied at first?

Is it true that most Social Security Disability 

applications get denied at first?

by Attorney Allyson Snow

Statistically, yes.

Approximately 70% of applications are denied at the initial level. It generally takes Social Security approximately 4-6 months to evaluate an initial application.  If denied, the reconsideration level takes approximately 6-8 months and the chances of being denied are even greater; approximately 80-90%.

If denied a second time at the reconsideration level, a request for hearing can be filed for the claimant to go in front of an Administrative Law Judge.  It can take approximately 8-12 months to get a hearing.

If you have applied on your own and get a denial from Social Security, it is important to consult with an attorney right away because the deadline for appeal is time sensitive.  If you have yet to start your application for disability, consult with an attorney as there are many things a claimant can do at the outset of a disability claim that will benefit them should they have to appear at a hearing.


If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.

If I am on Workers’ Compensation, does that affect my SSD? By Attorney Allyson Snow

If I am on Workers’ Compensation, does that affect my SSD claim?

by Attorney Allyson Snow

Maybe. It is possible to receive Workers’ Compensation and disability benefits at the same time. Based on past earnings, you have a maximum benefit amount. This is the amount you are entitled to receive between the two benefits.  The theory is that one will not be better off financially if they are disabled than they were when they were working.

If Work Comp benefits and disability benefits exceed the monthly maximum benefit amount, the Social Security benefits will be offset.  It is important to speak to your attorney about the dynamic between your Work Comp benefits and disability benefits to ensure your benefits are maximized.

If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.

How do I pay my SSD Attorney?.

                                                                                     

How do I pay my SSD attorney?

Most every Social Security attorney charges the same way, which is by contingency fee agreement.  A contingency fee agreement means that your attorney does not get paid unless they win your case.  Up to the hearing level, most Social Security attorneys will charge 25% of your past-due benefits or $6,000, whichever is less. If you are approved for benefits, Social Security will generally directly withhold your attorney’s fee and pay your attorney directly



If you or someone you know has been injured on the job or has a disabling condition and will be out of work for 12 months or more, call our toll-free number at 855-325-4781 to set up a free consultation. You may also check out our website at www.workinjuryaz.com

What is an over payment and what can I do?

by Allyson Snow, Associate Attorney

SSD Practice @ Snow, Carpio & Weekley

An over payment occurs when Social Security improperly paid a recipient benefits they were not entitled to for some reason or another.  Unfortunately, it usually takes Social Security months or years to catch their mistake.  A recipient will get a letter in the mail that they owe Social Security a certain amount of money back.  Obviously, receipt of such a letter can cause great distress.

I classify over payments into two categories.  The first category is where Social Security has made a mistake about the over payment and the recipient is actually entitled to that money.  These types of cases are rare.

More often than not, even if Social Security is at fault and has paid benefits they shouldn't have, the recipient will be required to pay back the money. Most Social Security attorneys do not handle over payment cases because they are difficult to win.  Additionally, Social Security will find it hard to believe that one has the money to pay an attorney to fight the over payment, but they don’t have the money to pay Social Security back.  In these cases, I find that Social Security will normally work out very favorable re-payment terms.  The best thing to do is to be proactive and work out a re-payment plan with Social Security that fits within your budget, rather than having Social Security withhold part of your benefits to repay the over payment. 

If you would like to speak with somebody regarding a Social Security or Worker's Compensation matter, please call 855-325-4781 for a free consultation in person or over the phone. You may also find out more about our firm by visiting our website at www.workinjuryaz.com

When should I apply for Social Security Disability?

   

When should I apply for Social Security Disability?

by Allyson Snow, Associate Attorney

Snow, Carpio & Weekley, PLC

Under Social Security’s rules, one has to have a condition that has lasted/is expected to last one year OR result in death.  Technically, there is no perfect answer to this question.  One can apply the day their symptoms force them to stop working or earning below the amount Social Security considers Substantial Gainful Activity ($1090 gross income per month in 2015). 

If one has been out of work for a year, it is important to apply immediately. For SSDI candidates Social Security will only pay past-due benefits back one year, even if they find you became disabled and unable to work prior to that time.  In those cases, a delay in filing your application can cost you past-due benefits that you could be entitled to. It is important to consult with an attorney early in your case. 

If you have further questions about this or other SSD matters, you can call our firm at 855-325-4781 for a free consultation or visit us on the web at www.workinjuryaz.com.

What is the difference between SSDI and SSI?

 What is the difference between SSDI  and SSI?

by Allyson Snow

Associate Attorney

Snow, Carpio & Weekley

SSDI and SSI are the two major programs administrated by the Social Security Administration. Medically, the requirements for qualifying are the same. However, the eligibility requirements for both are different.

SSDI stands for “Social Security Disability Insurance.” Essentially, when you work, you pay federal income taxes.  If work is sustained long enough and is recent enough, these taxes will insure you should you become disabled and unable to work. 

SSI stands for “Supplemental Security Income.” SSI is the fallback for those who do not have enough work history, or their work history is too remote, to qualify for SSDI.  SSI is a needs-based program and there are income and asset limitations for one to qualify.

There are several differences between the two programs including the monthly benefit amount, the health insurance that one will qualify for if approved, and offset potential due to earnings and other income resources.  It is important to consult with an attorney early in your case.

If you would like more information on filing for Social Security benefits, you can call our offices toll-free at 855-325-4781 for a free consultation with Attorney Snow. You can also read more about our firm on our website at www.workinjuryaz.com.

CAN YOU FILE FOR WORKMANS COMP AND SOCIAL SECURITY BENEFITS AT THE SAME TIME?

Yes, you can file a claim for Workman's comp and social security disability benefits simultaneously. The two benefit systems are completely separate and distinct (ssd is a standardized federal program while workers compensation laws may differ state to state).

However, an individual seeking both types of benefits may gain advantage from the input of a workers compensation attorney since "timing issues" (as regards an ssd claim) can, in some cases, affect a workman's comp claim.

Snow, Carpio, and Weekley can handle both your Workers' Compensation and Social Security Disability claims. For a FREE consultation, pleae contact our offices at either 602-532-0700 Phoenix or 520-647-9000 Tucson.

 

 

In the absence of Chad Snow, blog posted by: April Lang, Business Manager @ Snow and Carpio, PLC

Should an Injured Worker Apply for Social Security Disability Benefits?

There is a reason that most Arizona law firms that practice workers' compensation also handle Social Security Disability claims.  The two go hand in hand.  It only took me ten years to realize this.  When I have represented a client in his or her Workers (Workmans) Compensation Claim, I already have all of his medical records, have already obtained reports from his treating doctors, and already know the client's injuries well. 

So which clients qualify for Social Security Disability?  As I mentioned in a previous blog post, Social Security Disability is a program for people who have an impairment or combination of impairments which keep them from working for a period of at least 12 consecutive months.  Unlike workers' compensation, to qualify for disability, anyone under age 50 generally has to prove that they are incapable of any type of work at all.  After age 50, the rules relax somewhat and the burden of proof becomes less. 

To qualify, an applicant needs to have worked a total of at least 40 quarters in their lifetime and 20 out of the last 40 quarters (10 years total and 5 out of the last 10 years).  Of course, the more an applicant has worked, the higher his or her disability benefit will be.  Also, only U.S. Citizens and legal permanent residents can qualify for Social Security Disability or S.S.I.

If I think a client is going to meet the durational requirement (12 months of inability to work) and has sufficient quarters of coverage (5 out of the last 10 years and 10 years total), I always recommend that they apply for SSD benefits.

Chad Snow is an Arizona Attorney who practices Workers' Compensation Law.  He also represents his workers (workmans) comp clients in their applications for Social Security Disability.  With offices in Phoenix and Tucson, Snow & Carpio represents the rights of injured workers throughout Central and Southern Arizona. 

Social Security Disability Benefits

A poll done several years ago showed that almost 60% of American workers had no idea that they have disability insurance in case of a prolonged inability to work due to a physical or mental condition. 

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.

Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.
Supplemental Security Income pays benefits based on financial need.

Social Security Disability Insurance (SSDI) is a payroll tax-funded, federal insurance program. A portion of the FICA taxes you pay are set aside for SSDI (as well as Social Security Retirement and Medicare). SSDI, which was established in 1954, is designed to provide you with income if you are unable to work due to a disability or until your condition improves, and guarantees income if your condition does not improve. Then once you meet your retirement age – 65 or older – you move from SSDI to Social Security retirement income.
The Social Security Administration’s (SSA) definition of disability is different than other programs you may come into contact with through your employer or private insurance. The SSA pays only for total disability. No benefits are payable for partial disability or for short-term disability.
Eligibility for SSDI is based on your inability to work. You are generally considered disabled by the SSA if:

• You cannot do work that you did previously;
• It is determined that you cannot adjust to other work because of your medical condition(s); and
• Your disability has lasted or is expected to last for at least one year or result in death.

According to the SSA, studies show that a 20-year-old worker has a 3-in-10 chance of becoming disabled before reaching retirement age.

Call and Snow and Carpio, and Weekley for a free consultation if you believe that you may be entitled to SSD. Our attorneys are experience in handling your case.