Eric Slepian has been practicing law for over 20 years. He graduated Albany Law School of Union University, Albany, New York, in May 1987.

Eric Slepian received his bachelor’s degree in Business Administration from Pace University, Pleasantville, New York in May 1984.

Eric Slepian is a member in good standing of the Arizona State Bar; New York State Bar; and Connecticut State Bar. Eric Slepian is admitted to practice before the United States District Court for the District of Arizona, and the Eastern and Southern District Courts for the State of New York. Mr. Eric Slepian has volunteered his services and helped individuals participating in the State Bar, Arizona modest means project. He has lectured on Social Security Disability matters to the Arizona Institute for Communication and Cognitive Disorder Support Groups; the Mental Health Association of Arizona; the Arrowhead Cancer Center; the National Multiple Sclerosis Society; Fibromyalgia Support Groups; and Chronic Pain Support Groups. Mr. Slepian was on the Phoenix College Advisory Board – Paralegal Program. He also spoke to medical and law groups regarding Social Security and Long Term Disability issues.

He has given presentations to other attorneys about both Social Security Disability and ERISA (Employee Retirement Income Security Act: Long Term Disability Disputes), and has talked to other groups about care for the disabled, including:

• Mental Health America of Arizona.
• The Arrowhead Cancer Center.
• The National Multiple Sclerosis Society.
• A Fibromyalgia Support Group.
• Chronic Pain Support Groups.

He is a member of:

• The Arizona State Bar Association.
• The Maricopa County Bar Association.
• Trial Lawyers for Public Justice.
• National Organization of Social Security Claimants’ Representatives (NOSSCR).
• The Arizona Chapter of the National Multiple Sclerosis Society.

Most clients prefer … and most lawyers offer … a “contingent fee,” a fee paid only if they win. The usual fee is 25% (one-quarter) of back benefits up to a maximum amount set by SSA, which is currently $6,000. The fee comes from those benefits that build up by the time you are found disabled and benefits are paid. No fee comes out of current monthly benefits.

Although the usual fee will not normally exceed the maximum fee of $6,000, if your lawyer has to appeal after the first administrative law judge hearing, your contract might allow for a fee greater than $6,000. Even in this circumstance, though, your fee is likely to not be greater than 25% of back benefits.

In addition to the fee, many attorneys expect you to pay the expense of gathering medical records, obtaining medical opinion letters, etc.

The Slepian Law Office

3737 N. 7th St., Suite 106

Phoenix, Arizona 85014

(602) 266 - 3111

The Social Security Administration (SSA) follows a five-step sequential evaluation process to determine whether you are disabled for purposes of either of the two disability programs operated by SSA — SSI or Social Security disability. If it finds that you are disabled or not disabled at a step then the determination is over and it does not go on to the next step. Those five steps are:

1. You are not engaging in “substantial gainful activity” (SGA); and
2. You have a “severe” medically determinable impairment; and
3. Your impairment meets or “equals” one of the impairments described in the Social Security regulations known as the “Listing of Impairments;” or
4. Considering your “residual functional capacity” (RFC), you are unable to do your “past relevant work” (PRW); and
5. You cannot make an adjustment to other work that exists in significant numbers, considering your RFC, age, education, and work experience.

Be careful about the terms identified by quotation marks and the initials that go with some of them. These terms have precise meanings in the law, and these meanings are not necessarily the meanings you would expect.

In addition, to be found disabled you must meet the “duration requirement.” That is, your disability must last for 12 full months.

In summary, there are two main routes to a finding of disability on an SSI or Social Security disability application:

• Your impairment must meet or equal an impairment described in the Listing of Impairments — the sequential evaluation process culminates at Step 3.
• You must meet all the other requirements of the sequential evaluation process culminating at step 5.

There are six ways that you may be found not disabled. That is, you are not disabled if you:

• Are working at the SGA level (Step 1).
• Have no medically determinable impairment (Step 2).
• Have a medically determinable impairment, but it does not significantly limit your physical or mental ability to do basic work activities (Step 2).
• Fail to meet the duration requirement.
• Are capable of past relevant work (Step 4).
• Are capable of other work (Step 5).