Tucson Social Security Disability Blog

AZ Disability Services Must Prove Beneficiary Is No Longer Eligible

Posted by John Kuhnlein | Jan 15, 2021 | 0 Comments

The Arizona Court of Appeals recently decided that the Arizona Department of Developmental Disabilities (DDD) must prove that a person receiving benefits is no longer eligible for those services. In A.C. V. ADES (C.A. 1 7/21/2020), the Court rejected DDD's argument that a minor, called A.C. in the case, had to prove

You Are Still Covered

that he was still disabled. DDD had provided benefits to A.C. until he reached the age of 8. At that point, DDS informed A.C.'s family that they intended to terminate his benefits.

Rejected Arguments

DDD told the court that it was fair to shift the burden of proof to A.C. and his family for a variety of reasons. One was that they would have better access to his medical records. DDD further claimed that A.C. and his family could willfully withhold relevant information from DDD in an attempt to keep him eligible. The court discarded these positions, noting that DDD is legally obligated to gather A.C.'s medical records and to reevaluate his condition on a timely basis.  If DDD did this, they would have all of A.C.'s medical information.

So Ordered!

The court went on to castigate DDD for failing to provide the benefits to which A.C. was entitled. The court also noted that DDD had not properly documented A.C.'s substantial functional limitations.

Make Them Prove The Disabilities Are Gone

This is an important decision that will benefit those persons whom the DDD is trying to terminate benefits. If DDD notifies you that they plan to stop benefits, remember that it is on them to prove that the child in question no longer requires those benefits. Don't be fooled into thinking otherwise.

About the Author

John Kuhnlein

Since 1992, I have been helping the people of Southern Arizona get the benefits they are due. Before devoting all my efforts to assisting people with Social Security disability claims, I also handled such complex lawsuits as medical malpractice and products liability. I brought to my Social Security cases all the skills and attention to detail that I developed in the courtroom. I approach each Social Security disability case as if it were a million-dollar lawsuit. For the people trying to get Social Security benefits, their claim is every bit as important. Because I have personally handled so many Social Security cases, I have refined the skills I need to win your case for you. I have helped people win cases for every kind of ailment from arthritis to valley fever. At present, I am focused on helping those persons with neurological and orthopedic disorders. Because claims for people over age fifty bring additional complications, I particularly seek out those cases to work on. I regularly write about back and spine conditions on my blog. I actively seek out the latest information about orthopedic and neurological disorders to ensure I can represent my clients as effectively as possible. Because of my current focus, I regret that I am not able to take any cases for mental disorders. If you are over age fifty and suffer from any orthopedic or neurological disorder, please contact me at once.

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