Who Can Apply for SSD?

SCW Firm Partner Nick Wearne speaks about the application and hearing process for SSD. For more information or assistance with your workers' compensation claim or Social Security Disability claim, visit our website at www.workinjuryaz.com or call 602-532-4985 to set up a free consultation by phone, video or in person. SCW services the entire Stats of Arizona and has offices in Phoenix, Tucson, Lake Havasu City, Yuma and Flagstaff. We have bilingual and Certified Workers' Compensation Specialists on staff and ready to help you! Call today!

SSD Process and Hearing. What to expect.

SCW Firm Partner Nick Wearne speaks about the application and hearing process for SSD. For more information or assistance with your workers' compensation claim or Social Security Disability claim, visit our website at www.workinjuryaz.com or call 602-532-4985 to set up a free consultation by phone, video or in person. SCW services the entire Stats of Arizona and has offices in Phoenix, Tucson, Lake Havasu City, Yuma and Flagstaff. We have bilingual and Certified Workers' Compensation Specialists on staff and ready to help you! Call today!

SSD and SSI - What is the difference?

SCW Firm Partner Nick Wearne speaks about the differences between SSD and SSI. For more information or assistance with your workers' compensation claim or Social Security Disability claim, visit our website at www.workinjuryaz.com or call 602-532-4985 to set up a free consultation by phone, video or in person. SCW services the entire Stats of Arizona and has offices in Phoenix, Tucson, Lake Havasu City, Yuma and Flagstaff. We have bilingual and Certified Workers' Compensation Specialists on staff and ready to help you! Call today!

Social Security Disability en Espanol

SCW Partner Nick Wearne speaks to Spanish speaking clients about the application process for SSD. For more information or assistance with your workers' compensation claim or Social Security Disability claim, visit our website at www.workinjuryaz.com or call 602-532-4985 to set up a free consultation by phone, video or in person. SCW services the entire Stats of Arizona and has offices in Phoenix, Tucson, Lake Havasu City, Yuma and Flagstaff. We have bilingual and Certified Workers' Compensation Specialists on staff and ready to help you! Call today!

Social Security Disability en Espanol

Medical Source Statements

Medical Source Statements

By Attorney Nicholas Wearne

Snow, Carpio & Weekley

As important as it is to have a good lawyer, it is equally as important to your social security case to have a supportive doctor.  To qualify for social security benefits you must prove that you are unable to work or, in some cases, that you can only do light work.  While there is an occasional outlier, the only way I have seen people successfully prove this, is with supporting medical opinion. 

One of the first things I do when a person comes in is give them a Medical Source Statement form.  It is a form that asks your doctors what your restrictions are.  It specifically asks about sitting and standing limitations, lifting limitations, percentage of time you will be off task, number of days you will be absent from work in a given month, etc.  These forms are the primary evidence I use at hearing in order show that someone is disabled.  Your word alone, albeit convincing, is usually not sufficient to convince the judge that you should receive benefits. 

Whether you represent yourself or have an attorney represent you I recommend having your doctor fill out one of these forms.  The more specialized your doctor is, the more convincing the restrictions will be.  If they are not willing to fill out the form, try finding a doctor who will, or see if they are willing to write a letter that states your restrictions in their own words.  Some doctors do not like being limited to a form.  Versions of this form may be found online.  

If you believe you would qualify for social security disability and need a medical source statement form, feel free to contact our office for a free consultation.

For more information on Workers' Compensation or Social Security Disability, please contact Snow, Carpio & Weekley toll-free at 855-325-4781 or visit our website at www.workinjuryaz.com. We serve the entire State of Arizona and have offices located in Phoenix, Tucson, Yuma and Lake Havasu City.

Social Security Disability and Marijuana

Social Security Disability and Marijuana

By Attorney Nicholas Wearne

Snow, Carpio & Weekley

A question some of my clients have asked me is how smoking marijuana could potentially affect their application for social security disability benefits.  I wish I had a hard and fast answer but unfortunately the law is unclear.  When deciding whether you should qualify for benefits an administrative law judge must take into consideration whether the use of drugs and/or alcohol is a contributing factor to why you are disabled.  They must determine whether your condition would continue to exist if you were not consuming drugs or alcohol.  If drugs and alcohol are a contributing factor could lead to a denial.

I recommend that all my clients remain off any drugs that are not prescribed by a doctor including alcohol, nicotine, and marijuana.  Better to be safe than sorry as far as recreational drug use is concerned.  However, if marijuana has been medically prescribed, the law becomes less clear.  In many states medical marijuana use has been legalized even though all use of marijuana is illegal under federal law.  I have seen it used for treating progressive diseases as well as terminal ones like an advanced cancer.

A social security applicant who is considering using medical marijuana should take several things into consideration although my advice is ultimately proceed if you are comfortable with the risk. First, consider the fact that under federal law marijuana is illegal and social security disability is a federal program.  Second, remember that every social security judge is different.  They each have their own opinions and biases.  If the judge does not believe that the medical use of marijuana should be legal it may affect the judge’s decision.  Some judges are fine with it, some aren’t.  Finally, if you are going to use medical marijuana consider ways that you can show its use is for legitimate medical purposes.  For example, make sure you have a medical marijuana card, that you get it from a dispensary, and that its consumption is being prescribed by a doctor. Some doctors are even willing to write letters explaining why the use of marijuana is appropriate.  Make sure that all your doctors know about it.  Many pain management doctors for example will not allow you to be on both narcotics and marijuana.  If you are on both marijuana and narcotics and your doctor gets you in trouble for it, it could really hurt your credibility and ultimately whether you are approved for benefits.   In, sum proceed carefully and at your own risk.

For more information on Workers' Compensation or Social Security Disability, please contact Snow, Carpio & Weekley toll-free at 855-325-4781 or visit our website at www.workinjuryaz.com. We serve the entire State of Arizona and have offices located in Phoenix, Tucson, Yuma and Lake Havasu City.

Social Security Disability and Early Onset of Alzheimer's Disease

Social Security Disability and Early Onset of Alzheimer's Disease

By Attorney Nicholas Wearne

Snow, Carpio & Weekley

There are an estimated 5.4 million in United States living with Alzheimer's disease.  The disease is associated with old age but there are a unfortunate few who are affected by the disease before the age of 65 during their prime working years.  Those who are affected by the disease before age 65 are diagnosed with Early Onset of Alzheimer's Disease.  The disease is terminal and it cannot be stopped or cured.  While at first a person may be able to work the disease will eventually take over affecting a person’s work life as well as their personal lives.

Normally, to apply for social security disability, you must got through a rigorous application process and must prove that you are unable to work.  Proving that you are unable to work involves getting doctors notes stating what your work restrictions are, hearings, and what can often be a vicious back and forth with the Social Security Administration.  Fortunately for those with Early Onset of Alzheimer's Disease there is a compassionate allowances list.  This is a list of serious, terminal, and rare diseases created by the Social Security Administration and it includes Early Onset of Alzheimer's Disease.  If you have a disease on the list of compassionate allowances you automatically qualify for social security benefits by law.  For a complete list of the compassionate allowances check out the social security website.  https://www.ssa.gov/compassionateallowances/conditions.htm

If you or a love one have Early Onset of Alzheimer's Disease and yet are still being denied benefits by the Social Security Administration or if you have any condition on the compassionate allowances list and would like help with your application, please contact Snow, Carpio, and Weekley for a free consultation.

For more information on Workers' Compensation or Social Security Disability, please contact Snow, Carpio & Weekley toll-free at 855-325-4781 or visit our website at www.workinjuryaz.com. We serve the entire State of Arizona and have offices located in Phoenix, Tucson, Yuma and Lake Havasu City.

What to expect at a Social Security Disability Hearing

What to expect at a Social Security Disability Hearing

By Nicholas Wearne, Associate Attorney

Social Security Disability hearings can be intimidating so this is a general idea of what to expect. 

First off, I tell people to arrive about an hour early.  You never know what traffic is going to be like.  Make sure you have researched the address the night before and you know where the hearing office is located.  I always meet with my clients in the half hour before hearing just to review their case and go over things one last time.

When you arrive you will check in with security and if you have an attorney you will wait for them.  About 5-10 minutes before the hearing begins a hearing monitor will come check on you to make sure you are there and to make sure everything is ready for the judge.  They generally leave and will come back once the judge is ready. 

Expect your hearing to last about an hour.  In the hearing room it will you, your attorney if you have one, the judge, the hearing monitor, and usually there will be a vocational expert.  The judge and your attorney will ask you a series of questions to get an idea of why you think you are disabled, to get an idea of what you do during the day, and to figure out what your past work was like.  The judge will them ask some hypothetical questions to the vocational expert.  Generally, you will not receive a decision from the judge at that time but he will conclude the hearing and send you his decision a month or so later in the mail.  On occasion the judge will end the hearing by letting you know what he or she is going to do.

If you have a hearing scheduled and you are nervous about how things are going to play out, contact our office for a free consultation.

How Long Does it Take To Get Benefits and What Resources are Available Until I Get a Decision?

How Long Does it Take To Get Benefits 

and What Resources are Available Until I Get a Decision?

By Nicholas Wearne, Associate Attorney

The answer to this question is one you are probably not going to like. As I have explained in prior blogs there are three levels of application.  The first two take about 4-6 months.  The third level of application is a hearing and it takes 1-1.5 years to get a hearing after you have gone through the first two steps.  Generally speaking, I tell people it takes about two years.  The process is an extremely long one and perhaps one of the most difficult things about it is you cannot be working while you wait.  You can work a little bit but consult with an attorney before trying to do so.  Your ability to work is very limited and if you work to much you will start your application period over again.

So what are you supposed to do while you wait?  How are you supposed to survive?  This the question I do not enjoy answering.  As far as healthcare goes, you can get on AHCCCS assuming that our new president elect does not try to scale back AHCCCS funding once he is in office.  As far as food goes, you can apply for and get on food stamps.  As far as shelter goes, this is often the hardest one.  Most of my clients are living with family and friends.  Some are in homeless shelters.  If you are in the beginning stages of applying for social security disability I would have some very open talks with your family members about what will happen if you are unable to keep the lights on or pay the mortgage as it likely it may come to that.  If you have a spouse that works, that is great. 

Finally, do not apply for unemployment though it may be tempting.  When you apply for unemployment you are certifying that you are able and looking for a job.  Social Security will hold this against you.  If you are applying for Social Security Disability and have questions about how to prepare for the long haul ahead, call Snow Carpio and Weekley or visit us on our website at www.workinjuryaz.com.

What are my chances of getting approved if I am under 50 years old?

What are my chances of getting approved 

if I am under 50 years old?

By Nicholas Wearne, Associate Attorney

As you age the level of disability that you must prove relaxes.  In other words as you get older getting Social Security Benefits gets easier.  The catch is this relaxation of the rules does not start till you are 50 years old.  

While there are certain exceptions, if you are under 50 years of age you generally must prove that you are not even able to do sedentary (sit down) work.  You have to prove that there are no jobs in the national economy that you could do.   We generally prove this by sending a form for your doctor to fill out.  If you cannot sit more than 4 hours a day, it suggests you cannot do a sit down job.  If you are going to have to miss work more than 4 days a month due to health problems, it suggests you cannot do a sit down job.  If you are going to be off task more than 25% of the time due to pain/symptoms, then it suggests that you cannot do a sit down job.

Proving you cannot do a sit down job is difficult.  You have to have a doctor who supports you and a judge who believes both you and the doctor.  While it may be difficult for people 50- to apply, I would always recommend applying for social security disability if you have the requisite support of your doctor. If you don’t have the requisite support I would still apply but then focus on getting that support from your doctor. 

The Treating Physician Rule

The Treating Physician Rule

By Nicholas Wearne, Associate Attorney

Code of Federal Regulations Section 404.1527(2)(c)(1) states that the Social Security Administration will give more weight to a source that has examined and treated you than one that has not examined and treated you.

When you apply for Social Security Disability your file will be reviewed by many different people including doctors.  The doctors who review your file will likely take a stance or make a determination regarding what your work restrictions should and should not be.  While your initial application can be denied for many different reasons, a reason that I see often is that the reviewing doctors felt my clients could return back to a level of work where there are not disabled.

How is this possible when the law states that your treating doctor is supposed to be given more weight than a doctor that has not examined you?  It usually happens because peoples treating doctors have not given an opinion on what they are and are not able to do as far as work.  If your treating doctor has not given you specific work restrictions then there is no opinion to refute the one given by the reviewing doctors with social security disability. 

When I sign social security applicants up for representation one of the first things I do is get an opinion on file from the treating doctor regarding what they are and are not able to do as far as work.  They may still get denied at the initial levels but will have a solid legal argument that they are disabled.  I refer to Section 404.1527 in almost every hearing I do.  If you believe yourself to be disabled and would like help in getting an opinion regarding work restrictions from your treating doctor, contact Snow Carpio and Weekley for a free consultation.

I am disabled and have no money, how does my attorney get paid?

I am disabled and have no money, 

how does my attorney get paid?

By Nicholas Wearne, Associate Attorney

If you are applying for disability it means that you are unable to work.  Savings are likely running out and most of my clients are living with friends and family.  The question often comes during initial consultations “How am I supposed to pay you?” 

There are lots of rules about how attorneys get paid for helping Social Security Disability applicants but the answer to how I get paid is simple.  If I am successful in helping a client qualify for Social Security Disability benefits, there will be money owed to them back to around the time they had to stop working.  I charge 25% of the back pay or $6,000 dollars from the back pay, whichever is less.  Once I have been paid from the back pay, I do not charge anything more.  Also, if a client does not win then I do not charge.

Just to illustrate, if a client gets $10,000 in back benefits I would charge 25% ($2500).  If a client gets $100,000 in back benefits I would charge $6,000 dollars.  If we do not win, I do not charge and consultations are always free whether we take the case or not.

VA Disability vs. Social Security Disability

VA Disability vs. Social Security Disability

By Nicholas Wearne, Associate Attorney

While I am not completely familiar with the process of applying and acquiring Veteran’s Disability Benefits, I have many clients who have applied for and obtained VA disability benefits.  

The law states that the judge is supposed to take the approval of Veteran’s Disability Benefits into consideration when making a determination regarding Social Security Disability Benefits.  

While the law merely says the judge has to take it into consideration, my experience is it tends to hold a lot of weight with them.  If are a disabled veteran and want to apply for Social Security Disability Benefits as well, contact Snow Carpio and Weekley for a free consultation.

Social Security Disability Hearings

Social Security Disability Hearings

By Nicholas Wearne, Associate Attorney

If you appeal a denial for social security benefits you will eventually end up at a hearing.  Clients often get very nervous for the hearing and ask me what they are going to be like.  When a hearing is scheduled in your case it will be at one of the social security hearing offices.  You are expected to arrive early and check in with security.  When the judge is ready for you a hearing monitor will come find you in the waiting room and take you back to the hearing room.

The first thing the judge will do is swear you in.  It is expected that you will tell the truth at all times during your hearing.  If you are unrepresented the judge will then ask you questions about your situation and why it is you feel you are disabled.  The judge may also ask questions about your past work, about your medical treatment, and about your current work restrictions.  If you have an attorney with you the judge will also allow your attorney to ask questions and to make an argument regarding why he/she believe you are disabled.

In some hearings a vocational expert is present.  A vocational expert is basically a job expert.  The judge will ask the vocational expert questions.  The questions are usually posed as a hypothetical.  A question might be posed as follows… If I (The Judge) were to adopt the work restrictions as outlined by John Doe’s doctor, would John be able to perform his past work or any other work in the national economy?  The judge may in fact ask a range of hypotheticals.  If you have an attorney present, the judge will then turn the time over to your attorney to ask the vocational expert some questions.   It is not common in any of the hearings I do but you can occasionally have witnesses such as family members and doctors testify as well.

All together the hearing normally lasts about one hour.  An audio recording is made of the hearing for later reference and both the judge and the hearing monitor who originally came to get you will take notes throughout the hearing process.  You do not normally get a decision at the end of the hearing but have to wait for several months for a written decision from the judge.  On occasion, the judge will let you know at the end of the hearing what he or she is going to do.

If you have a hearing scheduled, or have been denied and would like to appeal your case up to the hearing level, contact Snow Carpio and Weekley for a free consultation. 

Can I work while I am waiting to hear back on my disability application?

Can I work while I am waiting to hear back 

on my disability application?

By Nicholas Wearne, Associate Attorney

Snow, Carpio & Weekley

My advice is do not work if you have applied for social security disability.  Technically you can work for up to 3 months after you have applied for disability and if it does not work out it will be considered a failed work attempt.  Technically, in certain cases, and depending on your age, you can work making less than $1000.00 a month and still be considered disabled.

But again, my advice is do not work… at all.

Part of what you are claiming when you apply for disability is that you are so severely impaired that you are physically unable to work.  If you have applied for disability but you go on to keep working then the judge will confront you about why you feel you cannot work now but you could work for those three months.  They will ask you why you stopped working and why you could not work longer than the three month period.  If you are working making less than $1000.00 they will ask you why you cannot put in more hours.  They will also ask you what you are doing to make the $1000.00 dollars to make sure it is line with your work restrictions.  While under the law you can technically work in some cases, the judges come down very hard on people who are working and often times doubt your truthfulness about your symptoms.  When my clients ask if they can try working some to make ends meet I explain the potential consequences and leave it up to them as to whether or not it is worth it.  Generally speaking, my advice is do not work.

One last word of caution, the judges often have a broad definition of work.  If you are a mechanic for example, and you have been doing side jobs for friends to make ends meet, this is considered work.  If you have been selling things on the internet and making money off them, this is often considered work.  If you have questions about what you can and cannot do as far as working or would like a more detailed explanation of what is in this blog call Snow Carpio, and Weekley to set up a free consultation.

Workers Compensation and My Social Security Case

Workers Compensation and My Social Security Case

By Nicholas Wearne, Attorney

Social Security Disability Department

Snow, Carpio & Weekley

Many workers compensation clients who are unable to return to work after their injury apply for social security disability benefits.  One of the first questions or concerns they have is how being on workers compensation will affect their social security case and vice versa.  There are two questions there so lets take each in turn.

1. How will being on social security affect my workers compensation case

While your case is open and you are receiving medical care, social security will not have any affect on your workers compensation case.  While you are actively recovering you can receive both social security and workers compensation benefits.  However, being on social security may come into play when and if you decide to settle your case.  First of all, being on social security disability sends a message to the workers compensation insurance carrier that you do not intend to go back to work.  It suggests to the carrier that you intend to collect your workers compensation benefits for life.  If the insurance carrier believes you will collect your benefit for the rest of your life in may increase your settlement amount.  Secondly, being on social security disability benefits will affect the way your workers compensation settlement agreement is written should you decide to settle.  If the agreement is incorrectly written your social security benefits could be terminated.  At Snow Carpio and Weekley we build these protections into all of our workers compensation settlement agreements but some firms do not.  It is important to inform your attorney that you are collecting social security disability benefits so they can write the agreement correctly.

2. How will being on workers compensation affect my social security disability case

As far as applying and getting on benefits go, collecting workers compensation benefits will not hurt you.  However, if you are approved for social security disability benefits your monthly benefit amount received from social security is likely to be affected (i.e. reduced) based on what you are receiving from your workers compensation case.  Do not worry, when and if you stop receiving workers compensation benefits, you can and should contact the Social Security Administration Office so your monthly benefit amount can be increased.  The great thing about applying for social security disability while your workers compensation case is open is you have doctors who are willing to state specifically what you can and cannot do as far as work.

If you have either a workers compensation case or a social security disability case and have questions regarding how the two will affect each other feel free to contact Snow Carpio and Weekley for a free consultation statewide at 855-325-4781. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Social Security Disability FAQ's

Social Security Disability FAQ's

By Nicholas Wearne, Attorney

Social Security Disability

Snow, Carpio & Weekley

Unemployment and Other Potential Roadblocks to Social Security Disability Benefits

The social security system is not for the faint of heart.  It is a long, hard, and harsh road that can be financially devastating.  It can take months if not years of waiting while you are trying to get approved for benefits.  Clients often struggle financially because they are no longer working and are forced to live with family or friends.  Many clients apply for food stamps and AHCCCS insurance in order to make ends meet.  Some clients are lucky enough to have a workers compensation case going while they apply for social security benefits so they have some form of continued income.  The matter of fact is clients are forced to explore options they perhaps had not previously considered due to the financial hardship.  But be cautious as your explore these options.  Below are some examples of roadblocks that people run into which prevent them from getting social security benefits.

Going back to work:

Clients will call me informing me that they need to go back to work because the application process for social security disability is taking too long.  Sometimes you can work while you are waiting for a determination on your social security benefits but be very cautious and consult with an attorney regarding what you will be doing and how much you are going to make.  Certain work, or making too much money, could completely derail your chances of ever getting approved.

Working under the table:

After hearing they should not work, some clients then proceed to work under the table and do not pay taxes hoping that social security will never find out.  The Social Security Administration Judges will often ask you about what if any kind of work you are doing.  Lying to social security disability about what you are and are not doing for work is considered fraud and could result in serious consequences.  Again, if you are considering working under the table speak with an attorney about what you can and cannot do so that you can be honest about it at the hearing.

Applying for unemployment:

Applying for unemployment is something I advise all of my clients against.  On its face it is seemingly harmless.  Perhaps you were fired from your job due to your illness.  You cannot get disability benefits for periods in which you were collecting unemployment.  Unemployment requires you to be looking for a job.  You essentially certify that you are able and willing to work but merely cannot find a job.  When you apply for social security disability we are trying to prove that you cannot work.  Unemployment may be tempting but do not apply if you intend to apply for social security disability benefits.

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.

Can I apply for SSD if I am not a citizen?

Can I apply for SSD if I am not a citizen?

By Nicholas Wearne, Attorney

Social Security Department

Snow, Carpio & Weekley

If you are a documented permanent resident and have worked 5 of the last ten years in the United States at a job where you have paid taxes then you will likely have enough credits to apply for social security disability.  If you are undocumented the unfortunate truth is you cannot apply for social security benefits regardless of how many years you have worked in the United States.

Si estas aqui en los Estados Unidos como un residente permanente y has trabajado un minimo de 5 anos en un trabajo donde pagas impuetos, debes de tener lo credito suficiente para aplicar para seguro social.  Desafortunadamente, si estas aqui en los estados unidos y no estas documentado, no puedes aplicar por seguro social irrespectivo de los anos que has trabajado aqui en los Estados Unidos.

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.

When should I apply for SSD?

When should I apply for SSD?

by Nicholas Wearne, Attorney

SSD Department

Snow, Carpio & Weekley

One would think that the best time to apply for social security disability is right away or as soon as you know you are going to be disabled.  That is not necessarily the case.  One of the things you must prove in order to qualify for disability is that you have a severe injury.  Social Security considers an injury severe if it is going to take you off work for more than 12 months.

Often times if people apply for social security disability right after an accident or right after a disabling diagnosis and it results in a denial letter from social security disability stating that they believe the condition will resolve before 12 months have passed.  If your injury or condition is very severe or terminal you are not likely to run into this problem and should apply right away.

I normally advise people to apply for social security disability about 5 months after their disabling condition began.  It takes about 4-6 months to hear back on an application.  By the time it is being reviewed a person will have been disabled for about 9 months and the argument that the condition will not last 12 months is much harder for social security to make.

If you are looking to apply for social security disability benefits and have questions about when is the best time to apply call Snow, Carpio, and Weekley for a free consultation at 855-325-4781 or you can find more information about us on our website at www.workinjuryaz.com.