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Scott E. Davis,
P.C. concentrates on representing clients on various areas
of disability laws nationwide, including Social
Security Disability Claims, Long-Term
Disability Insurance Claims and Federal
Retirement Disability Claims.
Filing a claim for Social Security disability
benefits could be one of the most important financial
decisions you make in your life. However, people mistakenly
view it as the “last great act of their working career.” Thus,
they delay in filing a claim for years, or worse, they never
file a disability claim. To delay in filing a claim, or to
never file a claim could have disastrous financial
consequences to you, your family, and eventually your Social
Security retirement benefit.
When should you file a disability claim with
Social Security? Simply put, when you reasonably expect that
you will be unable to work for a minimum of 12 continuous
months, or you expect that your medical condition will result
in death.
The value of Social Security disability
benefits to your retirement age can be staggering. For
example, a claimant in their mid-forties with a monthly
disability benefit amount of $1,000 could easily have a claim
worth well in excess of $250,000 if they never return to work.
This amount does not include the automatic Medicare health
insurance benefits one is entitled to twenty-nine (29) months
following the date the Social Security Administration (SSA)
finds that you became disabled.
A statement commonly made by prospective
clients is, “I’ve never lived off of the system” or “I have
never asked the government for a handout.” Unfortunately, this
is a message often spread by society and a terribly
misinformed American media regarding how and why one becomes
eligible for Social Security disability benefits.
Simply put, you are eligible for Social
Security disability benefits because you have worked most of
your life! It is important to understand you are insured for
disability insurance benefits by SSA if you have worked 5 of
the last 10 years (the years do not need to be consecutive).
In essence, you have a disability policy with the federal
government. You paid the premium for this disability insurance
either by paying Social Security withholding taxes or
self-employment tax.
It is also critical to understand that if you
do not file a disability claim within 5 years of becoming
disabled, your earnings record at SSA will not be protected
for retirement. This means that every year you do not work and
pay taxes to the Social Security Administration, zero earnings
will be posted to your earnings record for retirement. This
eventually becomes a problem because SSA will average in “all
the zeroes” with the years you did work to calculate your
retirement benefit. Of course, when SSA is done doing the
numbers, your retirement benefit is reduced… often
dramatically.
However, when you file a claim for Social
Security disability and you are found disabled, your earnings
record and your retirement benefit is protected during the
time you are disabled. This is because SSA does not average in
the non-earning disability years into your retirement benefit.
The result is your retirement benefit is protected and not
reduced. In fact, generally speaking, if you remain disabled
to retirement age, your monthly disability benefit amount
turns into your monthly retirement benefit.
Winning SSA disability cases based on chronic
pain and chronic fatigue is difficult. It is important to
obtain the advice of an experienced disability attorney as
soon as you believe you need to file a claim.
In addition to being eligible for Social
Security disability benefits, many individuals are also
insured for long-term disability insurance benefits through
their employer or carry a private individual disability policy
with an insurance company.
Mr. Davis has successfully represented
clients in long-term disability claims against literally every
major disability insurance company in the United States,
including the following: Unum/Provident, Metlife, Cigna
Prudential, Guardian, C N A, Reliance Standard, Jefferson
Pilot, Canada Life, Mutual of Omaha and ITT Hartford.
In addition, Mr. Davis has successfully
represented clients against Fortune 500 companies including
Gillette, Motorola and Intel Corporation.
If you are contemplating filing a long-term
disability claim or have already filed one, Mr. Davis strongly
advises that you consult as soon as possible with an attorney
who has expertise in this very focussed area of the law. It is
critical to remember that your legal rights may be affected
even before you file your claim; obtaining legal advice early
will maximize your odds of success and minimize problems.
Mr. Davis is available to consult with you on
your long-term disability claim at an hourly rate of $250. He
can usually answer most questions within that timeframe.
Please note that he only represents clients in Arizona on
long-term disability cases but may be able to refer you to
another knowledgeable attorney who lives near you.
If you reside outside the state of Arizona
and have already retained an attorney to represent you on your
long-term disability claim, Mr. Davis may be able represent
you on your Social Security disability claim if you are not
represented.
To get an appointment to discuss your
long-term disability claim, please call (602) 482-4300.
Obtaining disability benefits under the
Federal Employees Retirement System (FERS) can be a
frustrating task. Too many individuals assume that because the
Federal government administers the program, obtaining
disability retirement benefits is simply a matter of
completing the paperwork. Unfortunately, many individuals with
chronic pain and chronic fatigue diagnoses learn that the
process of proving to the Federal government that they are
disabled is mired with complex regulations and denials of
their claims.
Very few attorneys practice in the area of
Federal retirement disability claims. For this reason, it is
important to understand what you must prove in order to be
eligible for disability retirement through FERS. It also
important that you seek experienced legal counsel before
beginning the process as some eligibility requirements may
apply even before you stop working due to a disability.
FERS retirement disability and Office of
Personnel Management (OPM) claims are governed by Federal and
not state law; consequently, Mr. Davis does represent clients
nationwide. Mr. Davis has successfully represented clients
throughout the country whose claims were previously denied by
OPM. Mr. Davis’ excellent record of success includes
representing clients with retirement disability claims before
the Merit Systems Protection Board.
There is no charge for an initial
consultation with Mr. Davis regarding your FERS retirement
disability claim. If you have a claim pending or are
contemplating filing a claim with OPM, Mr. Davis advises that
you consult with an attorney as soon as possible to facilitate
understanding your rights and to develop a strategy to win
your case. Please call Mr. Davis’ office at (602) 482-4300 to
schedule an appointment. |
