Asthma is a medical condition that can become worse over time. In some cases, a person may experience asthma on a level that may prevent them from performing certain tasks, and that could even affect their ability to work. When this happens, it would be wise to consider seeking disability benefits to help with these burdens. If you need legal assistance to file for disability benefits for asthma in Arkansas, you should consult with an experienced Fayetteville, AR disability lawyer today. Ken Kieklak, Attorney at Law, has over 20 years of legal experience, and he would like to offer you the legal representation needed to file your disability benefits claim. Our firm is here to discuss whether a person can receive disability benefits for asthma in Arkansas.
Can You Receive Disability Benefits for Asthma in Arkansas?
Asthma is a medical condition where a person’s airways become inflamed and produce an excessive amount of mucus, which causes a person to have difficulty breathing. In some cases, a person could experience an asthma attack, where the extra mucus in the airways causes excessive coughing and wheezing.
The Social Security Administration (SSA) offers disability benefits for people living with asthma under certain circumstances. Specifically, the applicant must meet the following two requirements to be eligible to receive disability benefits for asthma:
- The applicant was clinically diagnosed with asthma
- The applicant’s asthma was severe enough to require them to engaging in gainful activity
It is important to note that not all forms of asthma will be eligible for disability benefits. To prove that your asthma affects your day-to-day life and your ability to work, you should include your medical records and other pertinent information when applying for disability benefits in Arkansas.
How the SSA Determines If Asthma Is a Disability
After initial qualifications are met, the SSA will take various steps to determine whether you qualify for disability benefits. The Arkansas state SSA agency will assign medical professionals for your case to speak to your doctors about your asthma. These medical professionals will likely contact your doctors to ask about the following:
- Your diagnosis for asthma
- When your asthma began
- How your asthma impacts your daily activities
- Lab and test results for your condition
- The medical treatments received for your asthma
Additionally, the SSA will also inquire about the level of work-related activities that you can perform with your disability.
To learn more about the requirements for disability benefits for asthma in Arkansas, you should continue reading and speak with an experienced Arkansas disability benefits attorney today.
Requirements for Asthma Disability Benefits in Arkansas
As mentioned, it is true that a person can receive disability benefits for asthma in Arkansas. However, before an applicant can be granted disability benefits, they must successfully meet the SSA’s five-step process to evaluate a disability.
Is the Applicant Employed?
The first question asked by the SSA is whether the applicant is working while applying for disability benefits. If the applicant is working, they cannot earn over a certain limit, which is referred to as “substantial gainful activity.” The limited amount for substantial gainful activity changes every year. In 2020, an applicant for disability benefits cannot earn over $1,260 for non-blind SSDI or SSI applicants. If the applicant is blind, they can earn up to $2,110.
Is the Applicant’s Medical Condition Severe?
If the applicant meets the first requirement, the SSA will then inquire into whether the applicant’s disability is severe. For a medical condition to be considered severe, an applicant must be limited in their ability to perform basic work-related activities for a minimum of 12 months. For example, if a worker cannot sit for multiple hours, this may be factored into the SSA’s determination.
Is the Applicant’s Condition Recognized by the SSA?
The SSA has listed a number of medical conditions that qualify for disability benefits in Arkansas. If a condition is not listed, the SSA may recognize a condition that is equivalent to another condition on the list.
Can the Applicant Resume Their Previous Work?
Next, the SSA will determine whether the applicant can return to their former position. If SSA staff decide that the applicant’s asthma is too severe to perform in their previous line of work, they will move on to step 5.
Can the Applicant Perform Other Types of Work?
If your asthma is keeping you from performing work that you used to perform in the past, the SSA will determine whether you can perform other types of work. When determining whether you can perform other work, the SSA will look at the following factors:
- The applicant’s age
- The education and work experience of the applicant
- Any skills possessed by the applicant
When the SSA decides that a person can perform other types of work, this could lead to a denial of benefits.
Our Fort Smith, AR social security disability lawyers understand that it can be difficult and complex to secure the disability benefits you need, and we are here to offer our assistance.
Consult with Our Fayetteville, Arkansas Disability Attorney Today for Asthma Benefits
If you or a family member need legal assistance to file for disability benefits or a disability hearing in Arkansas, you should consult with an experienced Arkansas disability benefits lawyer as soon as possible. Applying for disability benefits can be a tedious process, especially if your initial claim is denied, but our firm is here to assist you. We have worked on a variety of claims for disability benefits and delayed disability claims in Arkansas, and we are ready to work with you. To schedule a free legal consultation to discuss your benefits case, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You may also contact the firm online.
If you were hurt while on the job, you will likely need to speak with an insurance adjuster at some point during the workers’ compensation process. This conversation could be a crucial part of receiving the benefits you need. The adjuster will take detailed notes of...
After a motor vehicle accident in Arkansas, a person’s first thoughts will typically focus on their health and the health and welfare of their passengers. Another consideration is what happens with your car if it sustained too much damage to drive away. Does a tow...
After suffering an injury at work, you might be entitled to workers’ compensation benefits. Typically, if you are hurt while working, your medical expenses and lost income should be covered without having to prove another party was at fault. Under Arkansas’ workers’...
Applying Social Security Disability Insurance (SSDI) benefits is often a challenging and complex process to understand. If your application has been taking months, you might be wondering if you will get any back pay. There are situations when a claimant is entitled to...