Law Offices Of Arthur V. Gage

"We are dedicated to providing the members of our community with a safe place to live by holding the guilty accountable, protecting the innocent, and preserving the dignity of victims and their families."

Social Security Disability:

The definition of disability is a government program that entitles you to disability benefits if you are unable to do any job within the National Economy. Generally what you must prove is that you are or expect to be disabled for at least a year. In addition, you have to meet the criteria of the 5 part sequential evaluation test. The 5 part sequential evaluation test is as follows:

Can you perform substantial gainful employment? Generally substantial gainful employment is being able to earn up to $880.00 per month.
Whether you have a severe impairment?
Does the claimant meet the Listings? Generally it is very difficult to get Social Security Disability under the listings. They are listed in the Code of Federal Registry and defined certain degree of limitations or problems related to various conditions. If you are able to meet the listings then you are qualified for Disability.
Can you return to your injury date work? If it is determined that you are not able to return to your onset date work, then you move on to Step 5.
Is there any other job in the National Economy that you can do? They will consider your age, education, and background and training as well as your past job experience along with your limitations.

How to start a claim:
Generally you request an initial application you can do this by directly contacting Social Security Disability. The number is (520) 670-5880. If the case is turned down then you will receive a Notice from Social Security indicating that you will have 60 days in which to file a Protest. It is important that you file that protest prior to the 60 days otherwise you may have to start all over and you may have lost any entitlement to any back due benefits. It is always best to contact an attorney as soon as possible so that you can give them the time to do some investigation if necessary to determine whether or not you should proceed forward or modify the claim in some manner.

Supplemental Security Income:
Supplemental Security Income is a welfare based system which provides benefits for individuals who do not qualify for Social Security Disability. Generally you qualify for Social Security Disability by establishing enough earnings by working and paying your FICA taxes. Generally if you have not been able to work 20 of the past 40 quarters (that would be 5 of the last 10 years) and earned enough money in that work to qualify with quarters then you would not be eligible for Social Security Disability. Your only avenue then would be Supplemental Security Income. SSI will entitle you to benefits and AHCCCS medical coverage. It is a welfare system and therefore any other money that you earn either through your spouse working or other benefits may disqualify you or limit your amount of benefits.

FEES & COSTS:

Generally my fees and costs vary depending on the types of cases. For Social Security Disability claims my fee is 25% of the past due benefits not to exceed $5,300.00. All the future checks after the date of the decision will be sent directly to the disabled person and there are no fees on any of that money. 2 ½ years after the onset date of disability the applicant is then eligible for Medicare through Social Security Disability.

If you are on Social Security Supplemental Income then you would automatically qualify for AHCCCS. There are also some costs involved with these cases which generally are less than $200 to $300 however; they might be higher if additional medical reports are necessary from the various doctors. Costs are in addition to the fee. If we do not win your case then there is no fee.

**Please understand that what I have told you above is general information concerning the law of Social Security. You are best served to consult an attorney about the individual specifics of your case versus relying on general information concerning the Personal Injury Law. Please contact me and I would be happy to talk to you over the phone about your case.**