Injury Law

Social Security Disability

The benefit you paid for, defended.

SSDI and SSI are won at the hearing level for most claimants. We prepare clients, prepare the file, and cross-examine the vocational expert the agency brings.

Social Security Disability is a federal program governed by a five-step sequential evaluation that bears little resemblance to how most people think about disability in ordinary conversation. The agency does not ask whether you can do the job you used to do, or whether any particular employer would hire you. It asks, in sequence, whether you are engaging in substantial gainful activity, whether you have a severe medically determinable impairment, whether that impairment meets or equals a Listing in the Blue Book, whether you can still perform your past relevant work, and finally whether — considering your age, education, and residual functional capacity — there is other work in significant numbers in the national economy that you could still perform. Most denials happen at step four or step five, and most reversals on appeal turn on the residual-functional-capacity finding. Building the medical record to support a specific, supportable RFC is the central task of disability representation.

Initial applications and reconsiderations are decided on the paper record alone, by a Disability Determination Services examiner who has never met the claimant. Approval rates at these levels are low — typically twenty to thirty percent at initial, even lower at reconsideration in Arizona. The hearing before an Administrative Law Judge is the first opportunity for the claimant to testify, for a treating provider's opinion to be presented in context, and for the vocational expert's testimony to be tested by cross-examination. Wait times for hearings have ranged from ten to fourteen months in the Phoenix hearing office in recent years. That long wait is unavoidable, but it is also an opportunity: the medical record continues to develop, treating physicians can be asked to complete medical-source statements that address the specific functional limitations the ALJ must evaluate, and the case can be built methodically rather than reactively.

The fee structure for disability representation is set by federal statute and is, in our view, one of the most claimant-friendly fee arrangements in any field of law. Representatives may collect twenty-five percent of past-due benefits, subject to a statutory cap, and only if the claim is approved. There is no fee for representation if the claim is denied at every level. The fee is paid directly by the Social Security Administration out of the back-pay award, so the claimant never writes a check. This arrangement allows us to take cases that would never make economic sense under hourly billing — including reconsideration-stage cases that, statistically, are unlikely to be approved without a hearing. The structure aligns our incentives with the claimant's: we are paid when, and only when, the claimant wins.

At a glance

  • Initial application, reconsideration, ALJ hearing, and Appeals Council.
  • Fees capped by federal law and contingent on success.
  • Vocational-expert cross-examination as standard practice.
  • Coordination with treating providers on supportive medical opinions.

What the agency really evaluates

Beyond the diagnoses, the question is residual functional capacity — what you can still do, for how long, on a sustained basis. We build the record to answer that question correctly.

Fees

Federal law caps representation fees at 25% of past-due benefits, currently subject to a statutory ceiling, paid only if you win.

The five-step sequential evaluation

SGA, severe impairment, listings, past relevant work, and other work in the national economy. We build the record at each step and argue them in order.

Hearing preparation

Pre-hearing brief, medical-source statements from treating providers, and a witness outline for you. We meet the week before the hearing to walk through every likely question.

Continuing disability reviews

Already approved and facing a CDR? We represent you in the review and any cessation appeal.

Representative results

Past outcomes do not guarantee a future result. Details are generalized to preserve client confidentiality.

  • Fully favorable ALJ decision for a Mesa construction worker with cervical spine injuries — past-due benefits awarded back to the original onset date.
  • Reversal at Appeals Council based on the ALJ's failure to address treating-physician opinion evidence.
  • Reinstatement of benefits after a continuing-disability review terminated the prior award.

Common mistakes to avoid

  • Missing the 60-day appeal window after a denial — restarting the application costs months of back pay.
  • Working part-time above the SGA threshold while the application is pending.
  • Skipping treatment because of cost — gaps in the medical record are the most common reason for denial.

Fees

Federal fee agreements capped by statute — 25% of past-due benefits up to the federal ceiling, payable only on success.

How a case moves through our office

  1. 01

    Application

    Detailed work history and medical evidence assembled correctly the first time.

  2. 02

    Reconsideration

    Filed within 60 days of denial with updated evidence.

  3. 03

    ALJ hearing

    Pre-hearing brief, medical opinions, and cross of the vocational expert.

  4. 04

    Appeals Council / federal court

    When error of law warrants further review.

Common questions

Should I file my appeal myself?
You can — and the deadline is short. But the second-level reconsideration is denied for most claimants. The earlier we are involved, the better the hearing file.
How long will it take?
Initial decisions take 4–6 months. Hearings in Arizona are currently being set 10–14 months out.
Can I work while applying?
Limited work below SGA is allowed, but earnings above the threshold will end most claims.
What is the difference between SSDI and SSI?
SSDI is insurance you paid into through work. SSI is needs-based for low-income claimants. Many people qualify for both.
Will I get back pay?
Yes if approved — usually back to your alleged onset date, subject to statutory limits.

Free Initial Consultation

Talk with an attorney who has practiced in this courthouse for forty years.