Serving clients in Fayetteville and all of NW Arkansas
Earlier this week we looked at whether a worker who could no longer work due to heart disease could qualify for Social Security Disability Insurance (SSDI) benefits. We determined that the ultimate decision is dependent on the applicant’s actual impairment or impairments and his or her ability to satisfy both the medical and non-medical criteria. While this is typically a determination that can only be made on a case-by-case basis, we did identify some conditions that, assuming there is sufficient medical and other evidence, are likely to qualify an individual on the basis of listing alone. Previously, we identified congestive heart failure and ischemic heart failure as reasonably common listed conditions that an individual suffering from heart disease may qualify under.
However, those are merely two listed conditions that an individual may qualify for benefits with. Fayetteville AR disability lawyer Ken Kieklak is dedicated to assisting those hardworking Arkansans who have been forced to stop work due to serious impairments. To schedule a free and confidential SSDI consultation at the Kieklak law Firm, call (479) 316-0438 today or contact us online.
What Non-Medical Criteria Must a Benefits Applicant Satisfy?
While there are a number of non-medical program requirements one must meet to qualify for benefits two areas where issues can commonly occur are in the amount of permissible income and whether the applicant has sufficient work credits. As for the limits on income, this is known as substantial gainful income (SGA). SGA includes work you do for compensation or work that is typically performed for one’s economic benefit. The limits on SGA are adjust with inflation on a yearly basis. The limit on SGA for 2015 is $1090 a month for most individuals. If you are blind, the limit on SGA is increased to a monthly limit of $1820.
Additionally, because SSDI is operated as an insurance program, workers must have a sufficient number of work credits before they are entitled to draw on benefits. The work credit test is actually comprised of two tests: a recent work test and a lifetime work test. Under the overall work credit test, older workers typically need a greater number of work credits. Under the recent work test, workers generally must have earned half of their work credits, typically 20 credits, within the last ten years. Younger workers are likely to qualify with a reduced number of credits. For instance, while a 56 year old worker would need 34 credits to qualify for benefits, a 44 year old worker would need only 22 credits to qualify. These work credits are equivalent to 8.5 and 5.5 years of work, respectively.
How Can I Get Benefits with Arrhythmia?
A disabled worker can qualify on the basis of a Social Security Listing or through other means. If the applicant alleges that he or she has an arrhythmia condition, the arrhythmia must be caused by a non-reversible cause. Furthermore the arrhythmia must cause an uncontrolled and recurrent condition of cardia syncope or near-syncope despite prescribed treatment. If treatment has not been prescribed, the SSA will attempt to base its decision on the current state of objective medical evidence but it may also decide to order a consultative examination by a state physician to better understand your condition and its limitations. Additionally the presence of the arrhythmia condition must be documented by electrocardiography or by another scientifically accepted method.
Even if you do not qualify for benefits on the basis of your arrhythmia condition alone, you may qualify for a medical-vocational allowance. A medical-vocational allowance can be awarded when in light of all of your impairments, there is no past or alternate work available for you to perform. An experienced Social Security Disability Insurance attorney can ensure that you present sufficient evidence for all possible routes to a disability benefit award.
Rely on our SSDI Experience in Northwest Arkansas
For more than 20 years, Ken Kieklak of the Law Practice of Ken Kieklak has fought for hardworking people who have suffered an accident or developed an illness that have forced them to stop working. Ken is proud to stand-up for hardworking Americans after they have dedicated themselves to a trade or professions for as long as they were able. To schedule a free and confidential SSDI benefits consultation, call (479) 316-0438 today or contact our firm online.
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