Disability Claims in Arizona
The attorneys of the Law Office of Paul J. Dombeck are here to answer your questions. Some of the most commonly asked questions are included below. If you have a question that is not addressed here, feel free to contact our office and we will do our best to answer your questions.
VA disability benefits claims can include compensation for service-related injuries and illnesses, housing assistance and insurance benefits, payments for the cost of aid and attendance as a result of disability, and payment to surviving spouses, children or parents of deceased service members.
Any disability that is the result of an injury or disease that was incurred or aggravated while in active military duty or training for active duty can qualify for VA disability.
Yes. You can earn SSDI and VA disability benefits at the same time without the two benefits offsetting each other. SSI, on the other hand, is a needs-based program, and any income from another source, including a VA disability benefit would count against SSI eligibility and would be offset.
A veterans disability lawyer in Phoenix and help you with these questions and more.
You can apply for disability benefits in Arizona In person by visiting your local Social Security Office, by phone at 1-800-772-1213, or online by visiting www.ssa.gov. However, we recommend having an experienced disability attorney by your side from the start, to help you avoid common mistakes that can delay the decision of your case.
Learn how to apply for disability in Arizona.
Yes, technically you can collect both SSDI and SSI at the same time. However, the requirements for SSI eligibility include a cap on total income, and SSDI income will count against this cap. Therefore, the only way to collect both at the same time is if the SSDI payment is below the income limit for SSI, and the SSI payment will merely make up the difference.
Find out more about social security disability insurance.
The annual maximum Federal amount for 2021 are $9,530.12 for an eligible individual, $14,293.61 for an eligible couple and $4,775.99 for an essential person.
Frequently Asked Questions About Long-Term Disability in Arizona
The accomplished Phoenix long-term disability lawyers at The Law Office of Paul J. Dombeck PLLC provide knowledgeable responses to questions related to long-term disability coverage, such as:
The duration of private long-term disability (LTD) coverage depends on the terms of the subject policy. Some benefits are available for two or five years. In other cases, the claimant might be able to collect payments as long as the disability persists.
When you report your disabling condition to your employer or directly to your insurance company, it is necessary to have supporting medical evidence on your side. Most policies do not authorize payments until an “elimination period,” typically lasting several months, passes. Usually, the carrier will demand that you apply for Social Security Disability Insurance benefits as well.
A wide range of serious illnesses and injuries can support a claim for LTD benefits. Whether you’re suffering from the effects of a catastrophic accident, a debilitating disease or a mental problem that impairs your ability to function, you might be entitled to coverage under an LTD policy.
Your position can be terminated while you are on long-term disability. However, your LTD benefits should continue as coverage depends on whether you were employed at the time of the injury or illness.
If you’re considering filing for long-term disability benefits, you should understand exactly how much payment you’ll receive if your claim is successful. Some policies replace approximately two-thirds of lost wages during the disability period, but each situation is unique and you might want to consult with a long-term disability lawyer in Phoenix if you’re unsure about the benefit level of the claims process.
Being denied benefits can seem devastating, but you do have legal options when this decision is made. First, it’s important to understand why the insurance company rejected your application. In certain instances, a reviewer might question the authenticity of medical evidence or believe that the medical condition in question is actually traceable to a previously existing condition. If you believe your denial is improper, we can advise regarding a potential action against the plan administrator under ERISA.
Your employment status does not change because you are collecting LTD benefits while you are unable to work due to a medical condition. However, during the course of an extended absence, a business might choose to terminate someone’s employment. Most companies are required to make reasonable accommodations for a worker’s disability if those changes will allow the employee to return.
Taken by themselves, pregnancy and childbirth do not qualify as compensable disabilities. However, medical complications that occur before and after a woman delivers a baby could give rise to a valid LTD claim if the policy requirements are met.
Someone who has a long-term disability policy through their employer does not have to pay taxes on benefits that they receive. However, there could be a situation where tax liability exists because a delay in the processing of a Social Security Disability claim requires the disabled individual to pay back the LTD carrier.
Frequently Asked Questions About Veteran’s Benefits in Arizona
At The Law Office of Paul J. Dombeck PLLC in Phoenix, our experienced Arizona attorneys answer all types of questions relating to veteran’s benefits, including:
Extensive engagements in the Middle East over the past the two decades have led to sharp increases in the number of veterans collecting disability benefits. A 2018 review from the Department of Labor found that approximately 4.7 million veterans receive benefits, about 25 percent of the overall veteran population. However, that rate increases to 41 percent among those who served in a post-9/11 war zone.
A veteran who was anything other than dishonorably discharged can seek VA disability benefits if they have a medical condition that was caused or aggravated by their military service.
The amount of a veteran’s disability benefit payment depends on the extent of the impairment and the claimant’s family situation. For many conditions, the average disability rating is 10 percent, and a veteran would receive $144 for less severe conditions. On the other hand, the benefit is 10 times higher for a 70 percent impairment.
If you receive a 100 percent disability rating, it is an acknowledgement that your service-connected medical condition completely prevents you from working. This entitles you to the maximum monthly benefit payment. In 2021, the 100 percent benefit amount for an individual with no spouse, children or dependent parents is $3,146.
A veteran who is classified as 80 percent disabled receives payments, but they are substantially less than someone with a 100 percent disability. For example, under the 2021 rates, monthly compensation for a veteran living alone with an 80 percent disability is $1,679. If you have two or more impairments, it’s important to remember that the total percentage is not necessarily the sum of the percentage disability associated with each impairment.
Surviving spouses who qualify can receive Dependency and Indemnity Compensation (DIC) benefits after their veteran spouse dies. There are several different factors that are taken into account in DIC cases, and working with an experienced Phoenix veteran’s disability lawyer can help you understand if you’re entitled to payments.
Benefits are paid on a monthly basis, usually on the first of the month following the month for which the payment applies.
Depending on the particular circumstances, a disabled veteran could file for disability benefits through the mail or on the VA website. Working with a knowledgeable Phoenix veteran’s disability lawyer can help you avoid common mistakes and improve the likelihood of a favorable result. Likewise, if benefits have been denied or you did not receive the rating that you believe is warranted by the evidence, an experienced attorney will outline your appeal options.
Typically, creditors such as financial institutions and tax authorities cannot garnish a veteran’s disability benefits to satisfy a debt. However, in situations involving back child support and alimony, disability payments might be partially diverted to comply with a court-ordered obligation.
Veteran’s disability benefits are not taxable. If you paid taxes on previously received disability severance payments, you could be eligible for a refund under the Combat-Injured Veterans Tax Fairness Act of 2016.
If You Have More Questions about Disability Benefits in Arizona, Contact Our Office Today
If you have additional questions that you would like answered, or would like to discuss your case with an experienced Arizona attorney, contact our office to set up an appointment.
Call our office at 602-805-0577 for your free initial consultation today.
