Serving clients in Fayetteville and all of NW Arkansas
A severe injury can turn your life upside down in a blink of an eye. There is no way to tell when and where you may experience an accident that may lead to a life-altering condition. This is especially true for people who fall from a height. As an injured victim, you may wonder if there is a way you can obtain assistance while you recover. As you will see through this article, there may be a way for you to cover the costs of your injury while you recover. Our Fayetteville AR disability lawyer from the law offices of Ken Kieklak, Attorney at Law, invites you to keep reading as we discuss whether you can get disability for a fall from a height.
Filing a Disability Claim After a Fall from High Up
Falling from a height can be extremely dangerous, as it can lead to severe, life-altering injuries. Depending on the height and which part of your body is affected the most by your fall, you can experience severe trauma. For instance, falling from a height and landing on your back can lead to a bulged or herniated disc. These injuries can cause severe pain and can prevent you from returning to work. In such a situation, you may wonder whether there is a solution available to you. The Social Security Agency (SSA) has a system in place to help those who suffer from certain conditions while they are recovering from their injuries. This is called Social Security Disability Insurance (SSDI).
SSDI is a disability claim available to workers who have accrued enough work credits over the years. Your work credits are calculated by taking into account the amount of Social Security tax withheld from your paycheck every month. If you suffered a severe injury that prevents you from returning to work, you may file an SSDI claim. However, people who wish to apply for SSDI benefits have to go through an intense five-part qualifying process.
Qualifying for SSDI Benefits for a Fall from Heights in Arkansas
Determining eligibility for an SSDI claim in Arkansas can be an overwhelming process. As mentioned above, qualifying to get your benefits requires going through a five-step process. When evaluating your claim, the SSA evaluators will ask the following questions:
1. Do You Incur in Substantial Gainful Activity?
Substantial gainful activity or SGA is the first element the SSA will look into when evaluating your claim. In 2019, the SSA established the max amount of money an individual can make each month for the purposes of qualifying for SSDI benefits. If you make more than $1,220 per month, the SSA will likely assume you are not disabled and thus not eligible for SSDI.
2. Is Your Injury Defined as Severe?
Part of the qualifying process requires that your injury or condition last at least a year or be expected to result in death. This is how the SSA determines whether your injury is severe enough to justify the concession of SSDI benefits.
3. Does the SSA List Your Condition?
The Social Security Agency has what is known as the “Blue Book.” This book contains a list of conditions that qualify for SSDI benefits. If your condition is listed in the Blue Book, you may be eligible for benefits. You may notice your condition is not contained on the list; however, if your condition is close enough to one of the listed illnesses, you may still qualify.
4. Can You Return to Your Former Job?
Suffering from an accident, while painful and unfortunate, is not enough to automatically grant you the benefits provided by the SSA. Instead, the SSA will ask whether you can return to your previous job, despite suffering a fall. If the SSA determines you are capable of returning to your former position, your claim may be denied.
5. Can You Perform Another Job?
If you cannot return to your former job due to your condition, the SSA will evaluate whether you can perform another type of job. If you are well and able to perform a different task at your workplace, the SSA will likely determine that your claim cannot continue.
Do I Need a Lawyer for My SSDI Claim in Arkansas?
When dealing with the SSA, it is critical to understand how the system works and how every step of the process can affect you. The SSA system is complex and can be overwhelming for those who have never been part of a claim process before. Hiring a disability attorney can help you properly apply for your SSDI claim, navigate through the intricate SSA process, and help you appeal a denied disability claim to the SSA if they initially deny it. Having skilled legal representation by your side can increase your chances of a successful SSDI claim.
Disability Lawyer in Arkansas Offering Free Consultations for Those Injured by a Fall
Falling from a height can put you at risk of suffering severe injuries. Dealing with a life-altering injury can be extremely challenging for most people. At the offices of Ken Kieklak, Attorney at Law, we understand the difficulties associated with these types of injuries and will fight to get the compensation you deserve. Thanks to our many years of experience handling SSDI claims in Arkansas, we can guide you through the entire process while fighting aggressively on your behalf. To discuss your case in a free, confidential consultation, call our Arkansas disability lawyers today at (479) 316-0438.
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