Perhaps the most important variable in your claim for Arizona Social Security disability benefits is the Administrative Law Judge (ALJ) who is assigned to hear your case. A complicating factor in a lot of these claims is whether or not you have been receiving unemployment compensation during the period for which you are claiming disability benefits. Different ALJs have very different opinions and approaches to this subject, an an attorney with specialist knowledge of both the law and the judges is critical to the success of your case.
Two Claims
These two claims are often seen as directly conflicting by some judges. A claim for unemployment benefits is appropriate where you are ready, able and willing to work, but can’t find a job. A claim for disability benefits is appropriate where you are physically unable to perform any work or only certain types of work. There are certainly cases where there are legitimate claims for both. As an example, a person could be able to perform light non-physically demanding work, but is unable to find a job which will allow him to work on that basis.
Other Judges
Some ALJs do not take unemployment compensation into account when deciding a claim for disability benefits, even though they will be aware of it from the hearing file. Other judges will take the view that there is a direct conflict between the two payments and insist on amending the Social Security disability benefits claim to a date after the unemployment compensation payments stopped. Still other judges will demand proof of a claimant’s medical condition worsening even after the unemployment compensation payments have stopped before they will consider a claim for disability payments. A huge percentage of Arizona Social Security disability benefits claims are denied when first heard, and even on appeal. Because of this, it is essential that you have an attorney who understands the law, who understands the local legal system, and who has a full understanding of the Administrative Law Judges who hear these cases and the various approaches these differing ALJs take.
Contact a Lawyer about Your Arizona Social Security Disability Benefits
A lawyer who understand all of these complicated factors is in the best position to prepare your case so that your chances of success are their highest. Call the lawyers at Schiffman Law Office, P.C. at (602) 235-0539 for a free consultation about your case, and to find out how they can best help you. In an area of the law as complicated as Arizona Social Security disability benefits, your chances of success are not high without the assistance and expertise of an expert.
