The Ultimate Guide to Arizona Disability Law

arizona disability law

In Arizona, 13 percent of the population is living with some type of disability. A disability can impact your ability to work and earn a sustainable income, but fortunately, Arizona disability law takes that into account when looking at SSI and SSDI.

You can receive benefits in a variety of circumstances; however, getting the disability compensation you deserve can often feel like a struggle. It’s important to understand the different disability benefits and disability law before diving into the process. 

If you’re a person with a disability trying to qualify for SSI or SSDI, this article is for you. Keep reading to learn how you can qualify and how a lawyer can help with the process. 

What’s the Difference Between SSI and SSDI?

Many people use the terms SSI and SSDI interchangeably when discussing disability benefits. However, they are two distinct programs with different eligibility requirements. 

SSI stands for Supplemental Security Income, while SSDI stands for Social Security Disability Insurance. The main difference between the two is that SSI is a needs-based program that provides financial support to low-income individuals who have disabilities or are over 65 years old and have limited income and resources.

On the other hand, SSDI is an insurance program that provides monthly payments to disabled workers who have paid Social Security through their payroll taxes. To be eligible for SSDI, you must meet certain work credit requirements based on your age at the time of your disability.

Another key difference between SSI and SSDI is the amount of benefits you can receive. While both programs provide financial assistance to those in need, SSI payments are generally lower than SSDI payments because they’re based on an individual’s income level and living expenses.

Understanding the differences between these two programs is essential if you’re considering applying for disability benefits in Arizona. An experienced attorney can help guide you through this complex process and ensure that you receive all of the benefits you’re entitled to under the law.

What Requirements Do You Need to Meet to Receive SSI in Arizona? 

Arizona disability law provides important benefits for individuals who are unable to work due to a disability. Whether you qualify for SSDI or SSI depends on your specific circumstances and the severity of your condition.

To receive SSDI in Arizona, you must have worked long enough to earn sufficient credits and meet certain medical requirements. On the other hand, SSI is based on financial needs and has stricter income limits.

This option applies to people who have limited income and very few resources. To qualify for SSI, you need to fall into one of the following categories: 

  • You’re totally or partially blind
  • You’re 65 or older
  • You have a medical condition that will prevent you from working for at least one year or result in death

There are also several factors Social Security will look at to determine if you qualify for SSI. 

Your Income

When you’re on SSI, you can only earn a certain amount of money every month. This number is dependent on where you live. If you earn over the cap, you lose one dollar of benefits for every two dollars you earn over. 

Things You Own

If your belongings are worth a certain amount of money, you don’t qualify. This does not count your house (if you live in it) or cars. It does count your stocks, bonds, savings, cash, and bank accounts. 

Residence and Citizenship 

You can get SSI benefits if you’re not a citizen. However, you must be legally residing in one of the 50 states, the District of Columbia, or the Northern Mariana Islands. 

What About SSI for Children? 

Don’t forget about SSI for children as well! If your child has a qualifying medical condition or disability, they may be eligible for benefits through SSI. It’s important to understand the eligibility criteria outlined by Arizona state law so that you can provide your child with all necessary support.

The qualifications for children are different than the requirements for an adult. Our team of experienced lawyers can help you understand the requirements for your child to receive benefits. 

What Requirements Do You Need to Meet to Receive SSDI in Arizona?

To receive Social Security Disability (SSDI) benefits in Arizona, you must meet specific requirements set forth by the Social Security Administration (SSA). These include the following: 

Length of Time Worked

You must have worked a certain number of years and quarters as outlined by the SSA to qualify. The length of time worked is dependent on your age and two other factors.

  1. Length of time worked
  2. How recently you’ve worked

Medical Eligibility

The next determination for SSDI is your medical determination. You must have a disability that meets social securities standards to receive benefits. 

To determine this, five questions are looked at.

Are You Working at a Level of Substantial Gainful Activity?

This looks at whether you’re working and your income. If you’re working and earning a certain amount of money before taxes are taken out that meets or rises about substantial gainful activity, you don’t qualify. 

Is Your Condition Severe? 

The severity of your condition is determined by whether it meets one of two factors. The first factor is that your disability is expected to limit your ability to work for at least twelve consecutive months. 

The second factor that can qualify you is that your condition is expected to result in death. 

Is Your Condition on Social Security’s List of Impairments?

If you have a condition that’s on the list of impairments, you don’t have to worry about the following two questions. This list means you’re automatically considered to have a disability. 

Can You Do the Same Work You Did Before? 

If you can continue doing the same work you did before, you don’t qualify. Your condition must prevent you from continuing the same type of work you did before. 

Can You Do Any Other Type of Work? 

Social Security will look at your skills and age to see if you can do any other type of work. If you can do another job and earn at a substantial gainful activity level, you don’t qualify for SSDI. 

How to Apply for Benefits in Arizona

If you’re thinking about applying for Social Security in Arizona, it’s important to know the steps involved in the application process. Here are some tips on how to apply and what you can expect during each stage of the process.

Gather Documentation

First, gather all your medical records and documentation that support your disability claim. This includes any doctor’s notes, test results, or treatment plans related to your condition.

Complete an Application

Next, complete an online application or visit a local Social Security office to fill out the necessary paperwork. Be sure to provide as much detail as possible about your disability and its impact on your ability to work.

Submit Your Application

After submitting your application, be prepared for a potential wait time as it goes through a review by the Social Security Administration (SSA). During this time, you may be asked to attend a consultative examination with an SSA-appointed doctor.

If approved for benefits in Arizona, you will receive a notification from the SSA indicating the amount of monthly payments you’ll receive and when they will begin.

Why Should Your Work With a Lawyer Before You’re Denied? 

Navigating the SSD and Arizona disability law system can be a daunting process, but it’s something that you don’t have to do alone. Working with an experienced lawyer who specializes in disability cases can make all the difference in your success.

A lawyer will help ensure that your application is complete, accurate, and submitted on time. They will also know how to effectively appeal any denials or unfavorable decisions throughout the process. In addition, they’ll know what questions to ask medical professionals and vocational experts so that they have all of the necessary information needed to build a strong case for you.

When it comes to applying for SSD in Arizona or dealing with any issues related to disability law, working with a knowledgeable attorney is one of the best things you can do for yourself. Don’t wait until after being denied – find representation as soon as possible so that you increase your chances of success from day one.

What Happens If Your SSDI or SSI Claim Is Denied

If your SSDI or SSI claim is denied, don’t lose hope. You have the right to appeal the decision. However, appealing a denial can be a complex and time-consuming process, which is why it’s important to consider working with an experienced Arizona disability law attorney.

An attorney can help you understand why your claim was denied and how to address any issues with your application. They can also represent you in hearings and provide guidance throughout the appeals process.

In addition, if necessary, an attorney may file a lawsuit on your behalf in federal court if all other avenues for appeal have been exhausted.

Remember that receiving SSDI or SSI benefits can make a significant difference in your life and well-being. Don’t give up on pursuing these benefits if you believe you are eligible.

The Appeal Process

Having your claim denied can be a frustrating and discouraging experience. However, it’s important to remember that a denial doesn’t necessarily mean the end of the road for your disability benefits case.

You have the option to appeal the decision made by Social Security Administration (SSA). The appeals process has four stages:

  • Reconsideration
  • Hearing by an administrative law judge
  • Review by Appeals Council
  • Federal court review

During each stage of the appeals process, you’ll need to provide additional evidence or documentation that supports your claim for disability benefits. This may include medical records from doctors or hospitals that confirm your condition and how it affects your ability to work.

While having your SSDI claim denied is disappointing news, there are still options available for pursuing disability benefits. Don’t lose hope – with persistence and proper legal guidance, you may still receive the support you deserve.

How an Experienced Attorney Can Help You Win Your Claim

Navigating the Social Security process can be overwhelming and confusing, especially if you’re dealing with a disability. That’s why hiring an experienced attorney can significantly increase your chances of winning your claim.

Guidance Through the Application Process

An attorney will guide you through every step of the application process. They will ensure that all necessary paperwork gets filled out accurately and submitted on time. This is crucial because even minor errors or missed deadlines can result in your claim getting denied.

Take Advantage of Extensive Knowledge

The right attorney will have extensive knowledge of Arizona disability law and understands what evidence needs to be provided to support your claim. They will work with medical professionals to gather documentation that demonstrates the severity of your disability and how it affects your ability to work.

Guidance for Your Appeal

If your initial claim is denied, don’t worry! An attorney can help you file an appeal and represent you at any hearings or court proceedings. They know how to present a persuasive argument in front of administrative judges, increasing the likelihood of a favorable decision.

Keeping You Updated on the Progress

Your attorney will stay in contact with you throughout the entire process and keep you updated on the progress of your claim. They will also be available to answer any questions or concerns you may have.

Hiring a disability attorney can make all the difference when it comes to winning your Social Security disability benefits. An experienced attorney has the knowledge and resources needed to help you get the benefits you deserve.

Let Our Experienced Arizona Disability Law Attorney Help You

While it may take time to receive approval for benefits, persistence, and patience are key when applying for any form of government assistance. By staying informed on changes to Arizona disability law and requirements, remaining diligent throughout the application process, and being willing to ask questions every step of the way – individuals living with disabilities in Arizona have every chance at receiving much-needed financial relief.

Are you ready to get started? Our attorneys are waiting for your call. Schedule a free consultation today. 

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