Social Security Disability Lawyer – Dr David Anaise, MD – Tucson

89% Approval Rate in Tucson 

According to data from the SSA only 30% of claimants are approved by the SSA.  Of those denied at the initial level only 40% obtain benefits after a hearing when representing themselves and 63% obtain benefits when assisted by a lawyer.  By 11-01-2007 I represented 240 claimants before the SSA in Tucson. The approval rate of the entire group was 89%.  ( see table) Appeals were taken on behalf of 20 of the 27 claimants denied. The results of the appeals are still pending.  I expect at least 60% success in this group resulting in further improvement in the approval rate of the entire group.

 

	Approved	Denied	Appeal	Total	%
Back injury and disc disease	66	7	7	74	89
Fibromyalgia and chronic fatigue	23	1	1	24	96
Neurological conditions including seizures sight and hearing	19	4	2	23	83
Mental, Depression Bipolar cancer	35	6	3	42	83
Heart diabetes asthma Crohn bladder cancer obesity	44	6	4	53	83
Foot hand hip knee neck & shoulder	22	3	3	24	92
Total as of 11-1-2007	213	27	20	240	89

 

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Do I qualify for social security benefits?

To qualify for benefits, you must first have worked in jobs covered by Social Security. In addition, you must have a medical condition that meets Social Security’s definition of disability. In general, SSA pays monthly cash benefits to people who are unable to work for a year or more because of a disability.

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called “work incentives”, that provide continued benefits and health care coverage to help you make the transition back to work.

If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same  ( READ MORE)

 

ARE YOU DISABLED ?

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

Disability under Social Security is based on your inability to work. SSA considers you disabled under Social Security rules if you cannot do work that you did before and you cannot adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings and investments.

To decide whether you are disabled, SSA uses a step-by-step process involving five questions.

They are:  (READ MORE)

 

 Can I work while receiving SSA or SSI benefits?

If you are getting disability benefits, Social Security’s work incentives program can help you if you are interested in working. Special rules make it possible for people receiving Social Security disability benefits or Supplemental Security Income (SSI) to work and still receive monthly payments until they can work on a regular basis.

And, if you cannot continue working because of your medical condition, your benefits can start again—you may not have to file a new application.

Work incentives include:

* Continued cash benefits for a time while you work;

* Continued Medicare or Medicaid while you work; and

* Help with education, training and rehabilitation to start a new line of work.

The rules are different under Social Security and SSI. (READ MORE)

Can I receive food stamps

The federal, state and local governments provide many programs designed to help meet nutritional needs of low-income people and their families

To get food stamps, you and the other people in your household must meet certain conditions. (Your household includes everyone who buys and prepares food together.)

Everyone in your household must have or apply for a Social Security number and be in one of the following categories:

•citizens or nationals of the United States;

•legally admitted for permanent residence and have a total of 40 qualifying work credits (work credits earned by a spouse or parent may count toward the 40 credits, but only for Supplemental Security Income-SSI-eligibility purposes);

•certain noncitizens who are legally admitted for permanent residence and who are active duty members, or who are honorably discharged veterans of the U.S. armed forces, their spouses and unmarried dependent children; or

•certain American Indians who are born outside the U.S. or who are members of federally recognized Indian tribes. (READ MORE)

 

Can my family receive SSA benefits ?

When you start receiving disability benefits, certain members of your family may also qualify for benefits on your record.

Each family member may be eligible for a monthly benefit that is up to 50 percent of your disability rate. However, there’s a limit to the total amount of money that can be paid to a family on your Social Security record. The limit varies, but is around 150 to 180 percent of your disability benefit. If the sum of the benefits payable on your account is greater than this family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected.  ( READ MORE)

 

What is SSI ?

SSI makes monthly payments to people who have low income and few resources and are:

•Age 65 or older;

•Blind; or

•Disabled.

Disabled or blind children also can receive SSI. The basic SSI amount is the same nationwide. However, many states add money to the basic benefit. Whether you can get SSI depends on your income and resources (the things you own). What Income qualifies me to receive SSI ?  ( read more)