Many people with skin rashes and dermatitis have severe flare-ups and bad days. For some, these rashes and inflammation are not usually bad enough to interfere with their ability to work. For others, dermatitis can be a disability that keeps them from being able to work to support themselves and their families.
Fortunately, dermatitis is listed as a disability on the Social Security Administration’s (SSA’s) approved disabilities list. That means that many people living with severe dermatitis symptoms can get disability benefits to help them with their disorder. For help understanding whether your dermatitis qualifies and how you can get benefits, contact our Fayetteville disability lawyer today. Call Ken Kieklak, Attorney at Law, today at (479) 316-0438 for a free legal consultation.
Do I Qualify for Disability Benefits in Arkansas?
The SSA administers two different types of disability benefits: SSDI and SSI. Social Security Disability Insurance (SSDI) is the main form of disability that people want to apply for. This system pays benefits to disabled workers who have a record of paying Social Security taxes from working in the United States. Many people seek to qualify for SSDI because it pays benefits and covers certain back or retroactive payments. However, not everyone has a work record that allows them to qualify for SSDI.
The alternative system is Supplemental Security Income (SSI). This is the same system that is available for retirees, but it pays need-based benefits to disabled Americans. You can apply for both systems, which might help cover certain periods of delay in filing for SSDI.
If you do not personally have one of the conditions that qualify for SSDI benefits in Arkansas, you might qualify on a family member’s record. You can often qualify based on your spouse’s record if they would qualify, or if you are disabled as a child, you can qualify on your parent’s record. Talk to a lawyer about whether you can get SSDI benefits for your dermatitis.
Qualifying for SSDI with Dermatitis
The SSA keeps a listing of disabilities that qualify for disability benefits under either SSDI or SSI. These disabilities often have medical definitions under the SSA’s listing that are similar to the definition your doctor would use. However, doctors might diagnose mild dermatitis, eczema, and other rashes after only a single or a few appearances or flare-ups. The SSA, in contrast, often uses a definition that only allows more severe cases to be recognized.
Under § 8.05 of the Listing of Disabilities, dermatitis is defined as “extensive skin lesions” lasting for 3 or more months. The rash that qualifies as “dermatitis” can be psoriasis or various types of dermatitis, along with other skin rashes. To qualify, your rash or lesion must also persist despite the fact that you are following prescribed treatments.
Is My Dermatitis Severe Enough for Disability Benefits in Arkansas?
In addition to meeting the SSA’s definition of dermatitis, you must also have a case that the SSA considers “severe.” While a doctor might consider your dermatitis severe if you have big rashes, lasting rashes, or painful rashes – and you might consider your case severe for many of the same reasons – your case might not qualify you for disability.
To meet the SSA’s definition of “severe,” your disability must prevent you from being able to work to support yourself. The SSA judges that by looking at your abilities and how much your disability interferes with them. If your condition is so severe that you cannot perform job duties, then you should be entitled to disability benefits.
If your condition is bad, but you can still do some work, you might still qualify for disability. The SSA sets a “substantial gainful activity” (SGA) limit each year. This limit is a set monthly income level. If you can meet or exceed this limit by working, the SSA will determine that you are not disabled because you can make what they consider “enough” money to support yourself. If you cannot meet this income level because of your severe condition, you can likely receive benefits.
In 2020, the SSA’s SGA limit is $1,260, and if you are also blind, your limit is $2,110. Again, this means that if you can make over this limit per month, you might not qualify as “disabled.”
Filing for Disability and Fighting Denials with Dermatitis in Arkansas
When filing for disability, it is important to work with a lawyer. Your attorney can help assemble medical evidence, help you figure out what information and records you need from your doctor, and file the paperwork for disability for you. Your lawyer can help select the proper language to make sure the SSA understands how severe your condition is and work to make sure you have all of the information the SSA will need in your first filing.
If your disability application was denied in Arkansas, your lawyer can help you appeal your case. There are many steps you can take to request reconsideration, appeal your case to a judge, and fight the case through the SSA’s processes to help get your case approved. Your Arkansas disability hearings lawyer can walk you through all of the steps and fight your case in various hearings to try to get your application for disability accepted for your dermatitis.
Call Our Arkansas Disability Lawyer for Help with Dermatitis
If you have dermatitis and think that it might rise to the level of a disability, call Ken Kieklak, Attorney at Law, for help. Our Fayetteville disability attorney can analyze your case, fight to help you file for disability benefits, and work to appeal denials to get you the SSDI benefits you need. For a free case consultation, call our offices today at (479) 316-0438.
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