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Category: Disability

Dealing with a spouse passing away is extremely difficult. Alongside the expected, very difficult pressure brought on by grief and sadness, there may also be other pressures, especially if the deceased spouse provided a significant amount of income. This can be especially true if the deceased relied on benefits from a federal disability program. It may cause great financial stress if you are suddenly losing out on those benefits, so you may be wondering if you can keep your spouse’s disability benefits after they have passed away.

In Arkansas, you can continue to receive disability benefits from a deceased spouse under certain circumstances. Although you cannot directly claim a deceased spouse’s disability benefits for yourself, there may be other programs or options available if you rely on your spouse’s disability income for financial support. So, even if you cannot directly claim your deceased spouse’s disability benefits, you can still get monetary help.

For a free review of your situation from our Arkansas disability lawyers, call us at (479) 316-0438.

Can You Get a Deceased Spouse’s Disability Benefits in Arkansas

Generally, you are not able to transfer your spouse’s disability benefits to yourself after they pass away. This is because disability benefits are generally related to the condition of the disabled person, not their family members.

However, that does not mean you are entirely out of luck. You can still get benefits to help your financial situation if you relied on your spouse’s disability benefits when they were living. How you go about obtaining these benefits will be different depending on your unique situation, so it is best to speak with our Fort Smith, AR disability lawyers to figure out the best path going forward.

Disability Benefits in Arkansas

The two main types of federal disability programs that benefit Arkansas residents are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Both programs offer similar benefits but have different criteria to be eligible because they serve people with different needs. Depending on the program that your spouse belongs to, you may also receive different benefits as the surviving spouse. These benefits may be different than what your spouse was receiving from their Social Security program.

Social Security Disability Insurance

Social Security Disability Insurance is a federal program meant to assist people who can no longer work because of a disability. SSDI has very strict eligibility requirements, which are available on the SSDI website.

SSDI can provide many benefits for individuals who meet the eligibility criteria, and some of those benefits can include greater income because of a need to support a family. The amount of extra SSDI income will depend on the number of people the applicant needs to support. However, SSDI exists to help disabled people support a dignified lifestyle. Those benefits do not transfer over to you if the recipient passes away. If you are eligible for SSDI, you would have had your own SSDI policy. That being said, you are not left without help if you lose SSDI income from your spouse because they passed away. There are other federal programs you can look to if you are not eligible for SSDI.

Supplemental Security Income

Supplemental Security Income, or SSI, is a federal program that helps disabled people who do not have much income or resources. The requirements are slightly different than for SSDI. For example, work experience is significantly less important for supplemental security income than it is for Social Security Disability Insurance.

It is important to note that Supplemental Security Income may be a path forward if you relied on your spouse’s income from SSDI when they were living. The standards for eligibility for SSI are different than the requirements for SSDI. So, if the loss of a spouse’s economic resources would make you eligible for SSI, that may be a path to pursue.

Social Security Retirement Benefits

Social security benefits generally refer to income paid out from social security to older, retired American citizens. Spouses can also collect part of these benefits if certain criteria are met. Namely, the spouse is already receiving retirement benefits, you have been married for at least a year, and you are either at least 62 years old or are caring for a disabled person under the age of 16.

If your spouse passes away, you can obtain survival benefits based on their social security benefits if you were married to the deceased person for at least nine months and meet certain age thresholds. For most individuals, you need to be at least 60 years old. The threshold for individuals with disabilities is 50 years old, and there is no age limit if you are caring for a disabled child of the deceased or a child of the deceased who is under 16 years old.

The amount of survivor benefits you receive will depend on what benefits your spouse was getting when they were alive. This can be complicated to ascertain, so it is best to speak with our lawyers about this situation.

Social Security Survivor Benefits by Age

Depending on your age, you can receive differing percentages of a deceased spouse’s social security benefits, provided that you meet the criteria outlined in the previous section.

If you are at full retirement age, you will get 100% of your spouse’s benefits. If you are between 60 years old and full retirement age, you get somewhere between 71.5% and 99% of those benefits. If you are below 60 years old and are disabled, you get 71.5% of the benefits. Finally, if you are caring for a child who is under 16 or disabled, you get 75% of your spouse’s benefits regardless of your age.

Call Our Arkansas Disability Lawyers Right Away

Our Springdale, AR disability lawyers can be reached at (479) 316-0438 for free case analyses.

Various injuries and illnesses qualify individuals to receive Social Security disability benefits. But what if you used drugs or alcohol in the past? Will that impact your eligibility?

Use of drugs and alcohol can sometimes impact a person’s ability to receive Social Security Disability Insurance (SSDI) benefits. If the Social Security Administration (SSA) has reason to believe that your disability was partially caused by drug or alcohol use, you might be denied benefits. The same can be said for individuals whose continued disability is caused by substance abuse. If your claim for SSDI benefits was denied because of substance abuse, you can file an appeal. It will be important for you to update your medical records and provide proof of the fact that your impairment was not caused by drug or alcohol use.

To get a free case assessment from our Arkansas disability lawyers, call our team today at (479) 316-0438.

SSDI Benefit Eligibility and Drug and Alcohol Use

Suppose the Social Security Administration is under the impression that your drug or alcohol use caused your disability or is worsening your condition and preventing you from working. In that case, it may deem you ineligible to receive Social Security Disability Insurance benefits.

Drug or Alcohol Use Before Impairment

Long-term alcohol or drug use, whether due to addiction or recreational use, can seriously affect a person’s body and mind. Medical conditions that would otherwise qualify a person for SSDI benefits might be ineligible for benefits if the conditions were caused by drug or alcohol use. Similarly, certain illnesses, like cancers, might also be somewhat caused by long-term substance abuse. Even if you do not currently engage in illicit substance use or drink alcohol, the SSA might determine that your injuries or medical conditions were caused, whether totally or in part, by drug or alcohol use. The SSA general requires those applying for SSDI benefits to send in comprehensive medical records regarding their condition and medical history, which might highlight previous drug or alcohol use, impeding a person’s ability to receive benefits.

Drug or Alcohol Use After Impairment

Medical conditions originally unrelated to drug or alcohol use can sometimes be worsened by substance abuse. Unfortunately, when individuals become severely injured or fall seriously ill, the impact on their mental health can be disastrous, causing them to use illicit substances. Suppose you are currently receiving SSDI benefits and your eligibility is reevaluated by the SSA. In that case, the SSA might consider your current drug or alcohol use to be a contributing factor to your continued impairment. If the SSA would not find you disabled if you stopped using drugs or alcohol, it will likely terminate your SSDI benefits. However, alcohol and drug use do not always contribute to illnesses or conditions that make a person eligible for SSDI benefits. In instances when drug or alcohol use is confirmed but is not determined to be a contributing factor to a person’s impairment, the SSA will continue paying benefits and likely advise the recipient to receive counseling or go to a rehabilitation center for substance abuse.

What if You Were Denied SSDI Benefits Because of Alcohol or Drug Use?

If your claim for SSDI benefits was denied or your payments were recently revoked because of drug or alcohol use, you can file an appeal. Our disability attorneys can help you gather evidence to support your appeal so that you can continue receiving monthly benefits to support you and your family.

File an Appeal

The SSA does not always get it right the first time. In fact, getting approved for SSDI benefits is often a lengthy process, even if drug or alcohol use is not involved in the decision for claim denial. However, if substance abuse was cited as the reason your claim was denied because the SSA believed that your substance abuse caused your impairment, you can file an appeal. This is best done immediately so that you are not without benefits for long. The appeals process is no less complicated than the original application process. There are four levels of appeals, depending on how far an appeal progresses. First, applicants can get a reconsideration from the SSA. During this time, the SSA will review your claim as well as any new evidence you can provide in your favor. If a reconsideration is unsuccessful, a hearing from an administrative law judge will take place. Then, there will be a review by the Appeals Council, followed by a federal court review, if necessary. Appeals must be filed within 60 days of receiving a decision regarding a claim from the Social Security Administration. You can also file an appeal for the termination of SSDI benefits because of drug or alcohol use.

Update Your Medical Records

If the SSA denied your claim on the basis of your drug or alcohol consumption, whether because of past or current substance abuse, it will be important to update your medical records. Go to a doctor to confirm whether or not substance abuse could have contributed to your disability or if your disability could have occurred without long-term use of drugs or alcohol. Suppose you are currently dependent on drugs or alcohol. In that case, working towards recovery will be important for your health and well-being and to confirm your SSDI benefit eligibility. If your disability remains when you are no longer using drugs or alcohol regularly, and your medical records confirm that substance use did not actively contribute to your disability, your claim for SSDI benefits should be approved. Routinely updating your medical records is important if you currently receive SSDI benefits, as the SSA might reevaluate your eligibility periodically.

Call Our Attorneys to File for SSDI Benefits Today

Call (479) 316-0438 to schedule a free case review with our Springdale, AR disability lawyers.

Social Security Disability Insurance (SSDI) is a federal program administered by the Social Security Administration (SSA). These benefits are awarded to claimants who have a qualifying disability and are unable to perform work as a result of their condition. The amount of benefits awarded to a claimant can vary from case to case.

There are multiple factors that will be considered when determining the amount of SSDI monthly benefits to award in your case such as your work history and average lifetime earnings. Still, it is important to note that there is a maximum amount of payment you can receive through SSDI each month. The exact maximum payment amount is set by the SSA and is subject to change each year. In 2023, the maximum amount of SSDI benefits you can receive per month is $3,627.

If you need help recovering SSDI benefits in Arkansas, seek help by calling our experienced Arkansas social security disability attorneys at (479) 316-0438 to discuss your claim for free.

Using Your Primary Insurance Amount to Calculate SSDI Disability Benefits in Arkansas

Your primary insurance amount (PIA) is the base amount used by the SSA to calculate your SSDI benefits in Arkansas. The following process will be followed when making this calculation:

Average Lifetime Earnings

First, the SSA will examine your work history and calculate your average indexed monthly earnings (AIME). This involves adjusting your past income for inflation in order to reflect its current value.

The SSA selects a specific period of time to examine for your AIME calculation. The number of years to be considered can vary depending on your age and work history. Usually, the SSA considers your highest-earning years.

Primary Insurance Amount

After calculating your AIME, your PIA may be determined. Your PIA represents the amount of benefits you would receive if you became disabled at your full retirement age. Typically, full retirement age is reached at 66 or 67 years old.

The SSA will apply a formula to your AIME in order to determine your PIA. The formula is structured to provide more substantial support to individuals with lower income and fewer financial resources. The intent behind this approach is to provide necessary help to individuals who have had lower earning capacities as the result of factors like limited education and health issues.

What Other Factors Are Considered When Calculating SSDI Benefits in Arkansas?

Besides your PIA, there are multiple additional factors that the SSA may consider when calculating your SSDI benefits in Arkansas. For instance, any of the following may be analyzed:

Cost-of-Living Adjustments

The amount of SSDI benefits you receive may be adjusted in order to account for changes in your cost of living. The SSA considers the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) to determine the cost-of-living adjustment (COLA) that may be applied in your case.

Family Benefits

SSDI benefits may be extended to eligible family members of a disabled claimant. This can include a spouse, dependent children, or, in some cases, dependent parents. Family benefits are generally calculated as a percentage of the claimant’s PIA. However, they may be subject to certain limits.

Date of Entitlement

Your date of entitlement may also affect the amount of SSDI benefits you receive. This refers to the date when your disability started. Your date of entitlement may have an impact on your back pay period.

Your back pay period refers to the period of time where you were eligible for SSDI benefits but did not receive them. This period usually starts on the date of entitlement.

Waiting Period

Furthermore, you may be withheld from recovering benefits if you are still within the waiting period. There is a mandatory five-month waiting period for SSDI benefits. This means that you are not eligible to receive benefits for the first five full months of your disability. The waiting period commences on the day your disability begins.

Work Incentives

If you take advantage work incentives while disabled, then your SSDI benefits may be altered. SSDI recipients have incentives that encourage them to return to work while still receiving their benefits. For instance, the Ticket to Work program allows a trial work period where claimants can test their ability to return to their jobs without losing their benefits.

However, earnings from work can impact the amount of SSDI benefits, and the SSA has rules and thresholds for the level of earnings that may affect the benefit amount.

Offset from Other Benefits

Finally, your SSDI benefits may be offset or reduced if you are receiving other types of benefits like Workers’ Compensation benefits or other public disability benefits. The SSA has systems in place to manage the coordination of benefits and ensure that no one is awarded an excessive amount.

Eligibility for SSDI Disability Benefits in Arkansas

There are certain criteria that must be met in order to be considered eligible for SSDI benefits. For example, you must have a medically determinable disability that prevents you from participating in substantial gainful activity (SGA). Furthermore, your disability must also be expected to last at least one year or result in death. Finally, you must have accumulated a sufficient number of work credits. Work credits are earned through your work history and payment of social security taxes. Our legal team can help analyze these factors to determine eligibility in your case.

Disability Reviews for SSDI Benefits in Arkansas

If you are awarded SSDI benefits, then you will be subject to periodic reviews by the SSA to determine your continued eligibility for benefits. These reviews are conducted to find out if there has been any improvement in your medical condition that would allow you to return to work. If your condition has improved, then your monthly benefit amount may be lowered.

If You Need Help Obtaining SSDI Disability Benefits in Arkansas, Call Our Lawyers Today

Seek guidance and support from our experienced Farmington, AR social security disability lawyers by dialing (479) 316-0438 for a free review of your case.

When people inquire about disability benefits, they often think of public assistance programs like Social Security disability insurance (SSDI) and similar programs. However, private disability claims through your own insurance are another possibility.

A private disability claim is filed through your own or employer’s insurance. The state or federal governments do not handle private disability claims. The difference between a private disability claim and a public one depends on your situation. In some cases, the coverage, duration, and eligibility criteria might be different. This mostly depends on the terms of your insurance policy. An attorney can help you figure out how to file your claim, although most claims start by contacting your insurance company or employer if you are insured through your job. Private insurance is not always available, and we recommend exploring your options with SSDI. If you do not have private disability insurance, our team can help you file for SSDI benefits.

Private disability insurance can be very helpful when people encounter unexpected injuries and accidents. Our Arkansas disability attorneys can assist you in filing an SSDI claim if private insurance is unavailable. Call us at (479) 316-0438 for a free case assessment.

Private Disability Claims in Arkansas

Private disability claims are filed through private insurance companies, not the government. When people think of disability claims, they likely think of Social Security, SSDI, and other forms of public assistance. While these are all possible legal options for people with disabilities, they are not the only ones. If you have private disability insurance, you can file a claim with your insurance company instead of the Social Security Administration (SSA) or another government agency.

Many people get private disability insurance through their employer. Employers might offer a wide variety of insurance policies and options, and some people have access to private disability insurance without realizing it. It is also important to note that disability insurance through your employer is governed by the Employer Retirement Income Security Act (ERISA). This body of federal laws governs how insurance companies assess, grant, and deny insurance claims.

In Arkansas, employers are not required to offer disability insurance, and many people decide to purchase it on their own. In that case, your employer is removed from the equation, and your claim is handled between you and the private insurance company. Unfortunately, private disability insurance can be expensive, and not everyone can afford to buy it independently. Our legal team can help you file an SSDI claim to get the money you need.

Private insurance claims are not always available, and SSDI claims are a great option for people in need. Our Greenland disability lawyers can help you get your SSDI claim started after reviewing your case.

Is a Private Disability Claim Better Than SSDI in Arkansas?

One type of claim is not necessarily better than the other, but different claims might suit people’s needs differently. While private insurance is helpful for those who get it through work or can afford to buy it, SSDI is an equally great option for those without access to private insurance. You should speak with our Johnson disability lawyers about your case, and we can help you file an SSDI claim.

ERISA governs private disability claims through employer-provided insurance. ERISA does not rule private insurance purchased on your own. ERISA controls almost every aspect of a private disability claim, including determining what is and is not covered, how claims are filed, the amount of coverage, and an appeals process.

ERISA does not govern SSDI, and the eligibility criteria tend to be the same or similar for most applicants everywhere. As such, filing for SSDI can be slightly less complex, and our Arkansas disability attorneys can help you begin a claim.

The level of coverage in a private disability claim might also be different, depending on the terms of your policy. Your private insurance might provide for greater coverage or cover a wider variety of expenses. Even if you do not have access to private insurance, SSDI should still be available if you meet eligibility criteria.

Private insurance companies can set their own eligibility criteria and might be more flexible on what is considered a disability or how long a disability must persist. Some insurance companies require that your disability prevent you from working any job, while others only require your current job to be affected.

This is sometimes problematic, as private insurance companies might make eligibility criteria difficult to fulfill, thus avoiding more payouts. It is wise to explore SSDI benefits with our legal team to determine if SSDI better fits your needs.

How to File a Private Disability Claim in Arkansas

Filing a private disability claim will depend on how you obtained disability insurance. As said before, private insurance provided through an employer is governed almost entirely by ERISA. If you do not have private disability insurance, our Springdale disability attorneys can help you file an SSDI claim.

If you buy your own disability insurance, the filing process might be different than filing through employer insurance. Different insurance companies and policies might have different procedures for filing a claim. You likely will not have to worry about ERISA, but the process might be complex, long, and frustrating. An attorney can help you review your policy and determine what rules you must follow to file a private disability claim.

How to Get Private Disability Insurance in Arkansas

If you do not have private disability insurance but want to enroll, you should speak to a lawyer about what steps to take. Numerous insurance companies may offer various policies, and it can be overwhelming to try and make an informed decision. Our Sebastian County disability attorneys can help you file for SSDI benefits if you do not have private disability insurance.

If private insurance companies refuse to accommodate you because of a pre-existing condition, public assistance like SSDI might be a better option.

Call Our Arkansas Disability Attorneys for Help

If you want to file a private disability claim, our Fayetteville disability attorneys can help you get started and stand by your side throughout the process. For a free case review, call our offices at (479) 316-0438.

Going through surgery can be frightening, and the last thing anyone wants to worry about is going back to work. Unfortunately, some people cannot return to work until they recover from surgery, which might be a long time.

Modern medicine has come a long way. Many surgeries that were once highly invasive are now simple procedures with short recovery periods. However, many other surgeries are still very complicated, and patients often spend weeks or even months recuperating before returning to work. Many patients cannot afford to take so much time away from work and need financial help. The time it takes to recover from surgery might be covered by disability benefits, depending on your situation. Disability for surgery recovery is often short-term, but complications might lead to long-term benefits. You can file for disability for surgery recovery through private insurance, although benefits through the Social Security Administration (SSA) might also be possible.

If you are scheduled for surgery and need help making ends meet during your recovery, contact our Arkansas disability benefits lawyers for help. Call our dedicated team for a free case evaluation at (479) 316-0438.

Claiming Disability Benefits for the Time it Takes to Recover From Surgery in Arkansas

We often do not think of ourselves as disabled after going through surgery. However, for purposes of claiming insurance or other benefits, you can be considered disabled if you cannot return to work for a certain period of time. Not all disabilities are permanent, and you might qualify for benefits if you meet the right criteria.

For the most part, to be eligible for disability benefits, your recovery time after surgery should be fairly significant. A few days out of the office that might otherwise be covered by sick days likely do not qualify for disability benefits or insurance. You might be able to get benefits for surgery recovery if you cannot work for several weeks or more. You should speak with our Bella Vista disability benefits lawyers, as each case is unique, and your outcome depends on how you file your claim.

How Long Do Disability Benefits for Surgery Recovery Last in Arkansas?

Generally, disability claims and benefits are categorized as short-term or long-term. Short-term benefits tend to cover accidents and injuries that prevent people from working for relatively brief periods of time. Long-term disabilities tend to last much longer and are more associated with permanent or indefinite disabilities.

Long-term disability benefits tend to apply to people who are so injured or disabled that they cannot return to work for a long time, often indefinitely. According to the SSA, social security disability insurance (SSDI) defines a disability as lasting for at least a year. As such, short-term disability benefits are typically not available through SSDI.

Although long-term disability benefits, including those through SSDI, do not often cover surgery recovery, this is not always so. If you encounter complications during surgery or recovery, your recovery period might be much longer. Alternatively, some patients are not expected to fully recover after surgery, and they might be left with permanent injuries preventing them from ever returning to work.

Most people seeking disability benefits for surgery recovery will likely file for short-term disability benefits. Short-term disabilities are injuries or conditions that prevent people from returning to work, but only for a limited time. For example, recovering from surgery might be considered a short-term disability if the employee cannot return to work for several weeks or months. Still, they expect to eventually recover and be able to work again.

As mentioned before, medical conditions, recovery time, and prognoses can be unpredictable. What you initially believed was a short-term disability might turn into a long-term disability. Our Bentonville disability benefits lawyers can help you determine the most appropriate path to getting disability benefits for surgery recovery.

How to File for Disability-Related to Surgery Recovery in Arkansas

SSDI benefits are administered through the SSA and are federally regulated. SSDI generally allows injured workers to collect benefits if they have a long-term disability expected to last for at least 1 year. SSDI also requires that your disability prevent you from working in any job, not just the job you had before you were hurt.

Surgery recovery is typically not covered under SSDI because most patients do not expect to spend at least a year recovering from surgery. However, you might qualify if part of your surgery involves a permanent disability. For example, if you are injured and have both arms surgically amputated, you will still have a permanent disability even after you recover from surgery.

Private insurance might cover short-term disabilities and is often provided by employers or purchased by individual employees. Since this is not a form of public assistance, the criteria you must meet may vary based on your specific insurance policy. Our Farmington disability benefits attorneys can help you talk to your employer about filing for short-term disability benefits. If your employer does not carry the proper insurance, we can help you find coverage.

What Do I Do if My Disability for Surgery Recovery Ends But I Still Cannot Work in Arkansas?

One of the most significant problems faced by injured people collecting short-term disability is the termination of benefits before they are ready. Your insurance may cease paying your disability benefits because the time limit for benefits has expired. While some people can return to work at this time, others are not.

If your short-term disability for surgery recovery ends a bit too soon, our Harris disability benefits attorneys can help you explore other options for assistance. If your disability persists, it might be a good idea to file for SSDI. If you only need a bit more time before you are fully recovered, we can try to work out an extension with your insurance company if possible. Still, there might be others forms of benefits, insurance, or public assistance you might be eligible for, depending on your circumstances.

Call Our Arkansas Disability Benefits Attorneys for Help Now

Suppose you are facing an upcoming surgical procedure and need financial help while recovering. In that case, our Rogers disability benefits lawyers can help you file for short-term, long-term, or other disability benefits. Call us for a free case review at (479) 316-0438.

A permanent disability persists over a long period, and such disabilities might be eligible for disability benefits in Arkansas. It is often unclear whether a mental illness or disorder is considered a permanent disability.

According to the Social Security Administration, which governs how Social Security disability insurance (SSDI) benefits are distributed, various mental disorders may be considered permanent disabilities. If your mental disorder interferes with your ability to earn an income and is not expected to resolve or cease, it may be considered a permanent disability. The SSA lists numerous mental illnesses and disorders as disabilities eligible for benefits. Applying for benefits involves providing evidence and documentation of a diagnosis and how your condition interferes with your life.

If you or someone you love cannot earn a living because of a mental illness or disorder, our Arkansas disability attorneys can help you apply for benefits. For a free case evaluation, call our offices at (479) 316-0438.

Can a Mental Illness Be a Permanent Disability in Arkansas?

When discussing the topic of disabilities and filing for disability benefits, people tend to assume that only physical injuries and disabilities are covered. In reality, mental illnesses may also be considered permanent disabilities. If you have a mental illness or disorder that prevents you from working, our Bentonville disability attorneys can help you file for SSDI or explore other legal options.

Mental illnesses are analyzed similarly to physical injuries for purposes of applying for disability benefits. First, your condition must meet certain clinical standards set by the SSA. These standards may differ for different conditions, and you should speak with a lawyer about your condition before you begin the application process. Second, your mental illness must be persistent and prevent you from earning an income through substantial gainful activity.

One of the biggest hurdles we must overcome is proving your condition is permanent. SSDI benefits do not apply to short-term or temporary disabilities, and Arkansas does not grant disability benefits for short-term conditions. According to the SSA, your disability should be expected to persist for at least a year. For many people, mental health conditions are life-long issues, and they should be eligible for disability benefits.

Mental Illnesses That Are Considered Permanent Disabilities in Arkansas

The SSA has created an extensive list of conditions eligible for SSDI benefits. The list is broken into sections based on types of disabilities and impairment. Section 12 of the SSA’s listings of impairments pertains to various mental disorders.

Section 12 is broken down further into subcategories of more specific mental conditions and disorders. These subcategories do not necessarily list specific diagnoses but general conditions which might apply to numerous mental disorders. Our Farmington disability attorneys can review your case and determine if your mental illness fits into one of the following categories:

  • Neurocognitive Disorders
  • Schizophrenia Spectrum and Other Psychotic Disorders
  • Depressive, Bipolar, and Related Disorders
  • Intellectual Disorder
  • Anxiety and Obsessive-Compulsive Disorders
  • Somatic Symptom and Related Disorders
  • Personality and Impulse-Control Disorders
  • Autism Spectrum Disorder
  • Neurodevelopmental Disorders
  • Eating Disorders
  • Trauma and Stressor-Related Disorders

If your specific mental illness or disorder is not mentioned here, that does not mean you are ineligible for disability. As long as your mental illness is permanent and limits your daily functioning, our Arkansas disability attorneys can help you apply for benefits.

Applying for Disability for a Mental Illness in Arkansas

While the SSA sets the criteria for SSDI eligibility, the Arkansas Disability Determination for Social Security Administration (DDSSA) is the group that reviews your disability. The DDSSA has an agreement with the SSA to determine eligibility, although the SSA is the one that ultimately issues benefit payments.

Various factors are considered when applying for disability benefits because of a mental illness or disorder. First and foremost, the condition must be permanent. As we discussed earlier, many mental illnesses are permanent conditions, and people often deal with mental illness for their entire lives. Our Johnson disability lawyers can help you prove your condition is permanent and that you are eligible for disability.

The DDSSA and the SSA will also consider your employment status. If you are currently able to work in some capacity, you might have to prove that your work does not constitute substantial gainful activity.

The severity of your condition will also be examined. The more severe your mental illness is, and the more it hinders your functioning and ability to work, the more likely your application will be granted, and you will receive benefit payments.

How to Prove Your Mental Illness Qualifies as a Permanent Disability in Arkansas

If your mental illness meets the criteria of a permanent disability, you must have evidence, proof, and documentation to back up your claims. You should consult with our Rogers disability attorneys before filling out an application and attaching evidence, as there might be specific kinds of evidence you need. It is also important to fill out the application in a way that is compelling and convinces the reviewer that you should be granted disability benefits.

Documentation of your mental illness is critical to your application for disability benefits. Documentation can help us establish the existence of a medical condition and how long it has persisted. For example, suppose you have been dealing with your mental illness for many years. In that case, documentation from previous doctor visits, medication prescriptions, and psychiatric notes can help us prove how long you have been dealing with your issues. This also helps us prove that your mental illness is a permanent disability and can be expected to last more than 1 year.

We will also need evidence showing how your mental illness interferes with your ability to function and hold a job. It is not enough to prove your condition is permanent. You must also prove that it is a disability and prevents you from working and performing ordinary daily functions. You must describe in detail how your mental illness limits you in your application. Our Arkansas disability attorneys can help you fill out the application in a way that clearly describes your disability and explains how it prevents you from earning an income.

Call Our Arkansas Disability Attorneys for Help

If you live with a mental illness or disorder that prevents you from earning a living, our Springdale disability attorneys can help you prove your mental illness is a permanent disability. Call our offices at (479) 316-0438 for a free case review.

People with disabilities can apply for various disability benefits provided by the state or federal governments. Some programs, like Social Security disability insurance (SSDI), require applicants to have a certain number of working years in their history.

Even if you have never worked before, you might still be able to receive disability benefits through certain programs. Generally, SSDI requires a history of employment before benefits are approved. However, you might be able to get SSDI benefits without any work history through a spouse or parent. Other programs, like Supplemental Security Income (SSI), allow people to apply for benefits without a work history and are based mostly on financial need. If you cannot apply for SSDI benefits and have no family members through which you can receive SSDI benefits, an attorney can help you explore other possibilities.

Living with a disability can be difficult, and many people cannot earn an income because of their disability. Programs like SSDI are there to help, and there might be ways to work around work history requirements. For a free case evaluation, call our Arkansas disability benefits lawyers at (479) 316-0438.

Applying for Disability Benefits in Arkansas with No Work History

One of the most popular programs for people with disabilities is Social Security disability insurance (SSDI). This program tends to be the first option for many people because it is geared specifically toward people who need assistance due to their disabilities. Our Bella Vista disability benefits lawyers have experience with SSDI applications and can help you start your application.

One significant hurdle to overcome when applying for SSDI is the issue of work history. SSDI benefits are based on the applicant’s number of working years prior to their disability. The number of working years you must have in your history depends on your age. Generally, people who became disabled at an older age should have more working years, and people who became disabled when they were younger need fewer.

Some people have no work history for various reasons. Common reasons include being a child. People born with disabilities or who became disabled at very young ages might have no work history because they were never able to work. In other cases, a person might have been a stay-at-home spouse and parent before becoming disabled. If you have no work history, there might still be ways to obtain SSDI benefits.

SSDI Benefits for Disabled Children in Arkansas

As mentioned, children with disabilities often need assistance but have no work history that would qualify them for SSDI benefits. SSDI benefits might still be obtainable through the child’s parents in such a case. In certain circumstances, a child can receive SSDI benefits using their parent’s work history to apply. Our Arkansas disability benefits lawyers can help you and your child begin the application process.

According to the Social Security Administration (SSA), children may be eligible to receive SSDI benefits through their parents under two different circumstances. First, the child must be unmarried and younger than 18. They may still be eligible if they are older, but they must be younger than 19 and still in high school.

The second scenario involves children older than 18. They may still be eligible if their disability did not begin before age 22. Essentially, an adult child may be eligible for SSDI benefits through their parents as long as their disability began before they turned 22.

A child receiving SSDI this way may collect up to 50% of their parent’s disability benefit amount. The total possible benefit amount varies based on the parent’s income and working years. Not only that, but the amount of benefits you receive might also be affected by how many people in your family are receiving benefits. For example, if your child and spouse both receive benefits through your SSDI, the total amount payable may be greater.

Adults with No Work History Applying for Disability Benefits in Arkansas

Many adults do not have work histories when they become disabled. For example, some stay-at-home parents have never worked because their spouse was the primary breadwinner while they took care of the home. If such a person becomes disabled, our Bentonville disability benefits attorneys can help them receive SSDI benefits through their spouse.

Much like when children apply for disability benefits through their parents, there are two general scenarios in which an adult may be eligible through their spouse. First, you can apply for SSDI benefits through your spouse if you are at least 62 years old. Second, you can apply through your spouse regardless of age if you care for a disabled child or a child younger than 16. If one spouse has enough work credits, the other may take advantage of SSDI benefits.

The benefits you can receive are similar to the limits for children. A person can collect up to 50% of their spouse’s total benefits, and the total amount possible varies based on work history and income.

What to Do If You Never Worked and Cannot Get SSDI in Arkansas

Suppose you have no work history, no parents, and no spouse through which you can obtain SSDI benefits. In that case, our Farmington disability benefits attorneys can help you begin exploring other options for assistance. One possibility is SSI, which is not based on work history but is instead based primarily on financial need.

You might have other options depending on how your disability began. For example, if you became disabled after being injured through someone else’s negligence, we might be able to help you file a personal injury lawsuit. In such a lawsuit, you can claim damages for things like medical bills and any future expenses you encounter because of your disability.

Your legal options depend largely on your unique circumstances. If you are unsure you qualify for SSDI benefits, you should speak to an attorney immediately about other assistance programs or legal options.

Contact Our Arkansas Disability Benefits Lawyers for Help

Even people with disabilities with no work history can apply for SSDI benefits through family members. If you have no family members to help you, our Rogers disability benefits lawyers can help you determine your options. Call us at (479) 316-0438 for a free case review.

Some injuries are so severe that victims lose limbs or appendages. You can negotiate a substantial settlement if you experienced a partial finger amputation because of someone else’s negligence.

Your hands are important in almost every aspect of your daily functioning. A partial finger amputation might lead to a significant settlement. Losing part of your finger might hinder your ability to continue working and make normal daily tasks much harder. Additionally, bodily disfigurements tend to drive settlements up. Available damages that should be considered in settlement negotiations include medical bills, lost income, physical pain, emotional suffering, and more. When negotiating a settlement, you should enlist the help of a skilled personal injury lawyer who can effectively argue for a higher settlement, highlight factors that increase your settlement, and downplay those that would decrease it.

After having a finger amputated because of an accident caused by someone else’s negligence, our Arkansas personal injury lawyers can help you get justice and a settlement. For a free case review, call our offices at (479) 316-0438.

What Kind of Settlement is Possible After a Partial Finger Amputation in Arkansas?

There are a lot of different factors that might influence the amount of your settlement for a partial finger amputation. In many cases, plaintiffs were injured in work-related incidents and filed Workers’ Compensation claims. Even though you might not file such a claim, we can look to Workers’ Compensation laws under Arkansas Code § 11-9-521 for guidance on how certain injuries are valued.

According to this law, finger amputations can be compensated based on which finger was amputated and whether the amputation was total or partial. For example, amputation of the index finger is compensated more than a pinky finger amputation. Similarly, a partial amputation is not worth as much as an amputation of the entire finger. Even so, amputation of any kind deserves a hefty settlement, and our Arkansas personal injury lawyers will help you get one.

Generally, injuries that include amputations and other kinds of bodily disfigurement tend to be met with higher settlement offers. Amputations are injuries that can never be undone and may have lasting effects on your ability to work. Our Bella Vista personal injury attorneys can help you negotiate the best settlement possible.

Damages Available After a Partial Finger Amputation in Arkansas

After going through a partial finger amputation, numerous damages might be considered in settlement negotiations. We should immediately take stock of your medical expenses. Medical damages are often very expensive, even for people with health insurance. Not only is the initial surgery to amputate costly, but we also have to factor in the many follow-up doctor appointments, aftercare, medications, and more.

The physical pain involved in amputation can be excruciating. Even though there is no explicit price attached to physical pain, we can still claim it as part of your damages and use it to negotiate a better settlement.

Emotional suffering is also often a significant factor in partial finger amputation cases. A lot of psychological trauma comes with this kind of injury. Injured victims must cope with the permanent disfigurement of losing a finger on top of losing work. Coming to terms with this kind of injury takes time, and many plaintiffs report experiencing PTSD, depression, anxiety, and other psychological injuries. Our Bentonville personal injury lawyers can evaluate these damages by assessing how they affect your daily life and functioning.

Hand and finger injuries pose a serious problem for an injured victim’s work prospects. Whether you work with your hands or type on a computer, a partial finger amputation makes returning to work difficult, sometimes impossible. Your lost income should be added to your damages and brought up during settlement negotiations.

Negotiating a Settlement for a Partial Finger Amputation in Arkansas

Negotiating a settlement requires going back and forth with the defendant and their legal counsel about damages, liability, and money. While many personal injury lawsuits end with settlement agreements, they are not guaranteed. In some cases, settlement negotiations fail. Our Fayetteville personal injury attorneys can help you prepare for a trial in such a case. Getting the best settlement possible depends on carefully thought through negotiation tactics and evidence.

To maximize your potential settlement for a partial finger amputation, we can help you highlight your damages and the defendant’s bad behavior. Defendants may be more agreeable to a settlement if we come into negotiations with strong evidence of their responsibility. Photos and videos from the accident scene, witness testimony, and statements admitting wrongdoing from the defendant can help us argue for a higher settlement.

Factors That Might Increase or Decrease a Settlement for a Partial Finger Amputation in Arkansas

When negotiating a settlement, we must consider your case’s aggravating and mitigating circumstances. Aggravating circumstances are details that make you look bad and might decrease a potential settlement offer. Mitigating factors are the details that make you look better and can be used to negotiate a higher settlement. The more mitigating circumstances we can highlight, the better your settlement is likely to be.

Examples of aggravating circumstances include possible contributory negligence on your part. Anything you might have done that contributed to the accident and your injuries may be used by the defendant to justify a lower settlement. For example, if you injured your hand in a car accident, but your reckless driving partially caused the accident, you might end up with a lower settlement.

Mitigating factors include details that may increase your potential settlement. For example, if the defendant not only caused the accident that led to your finger amputation but also acted with malice, they might be on the hook for a much larger settlement. Talk to our Rogers personal injury lawyers about how to maximize your potential settlement with mitigating details.

Call Our Arkansas Personal Injury Attorneys for Help Now

Our Arkansas personal injury lawyers can help you get compensation for your incredibly painful injury. A partial finger amputation may be a serious obstacle to getting certain jobs and returning to gainful employment. For a free case review, call our legal team at (479) 316-0438.

Applying for disability benefits can be difficult. Many people who cannot work are afraid that their conditions might not qualify as a disability under the law. Heart disease often presents such an issue because it is not necessarily visible to others.

Heart disease may be considered a disability in Arkansas. Whether you can apply for disability benefits due to your heart disease depends on your specific medical diagnosis and how your condition affects your ability to work and live. Heart disease may be considered a disability because it can inhibit people from performing strenuous or even ordinary daily tasks. Filing for disability requires submitting paperwork and documentation of your heart disease to the Social Security Administration (SSA). Applicants often wonder whether their heart disease is severe enough to warrant disability benefits, and our legal team can help you determine if you are eligible.

You may be able to get disability benefits if your heart disease prevents you from working and ordinary daily chores are challenging. Our Arkansas disability lawyers can help you get started. Call us at (479) 316-0438 for a free assessment.

Can People with Heart Disease Receive Disability Benefits in Arkansas?

People with heart disease may receive disability benefits depending on how their medical conditions affect their day-to-day life. Heart disease is a broad category of medical conditions involving the heart and cardiovascular system. Some conditions that fall into this category are relatively minor and easy to manage. However, others are debilitating and might prevent someone from going to work and earning a living.

Before applying for disability benefits in Arkansas, you should consult with your doctor about your heart disease. When applying for disability benefits, you will have to submit information about your heart disease, including medical records and doctors’ statements. Your doctor can help you understand the nature of your condition and how it might be considered a disability.

Our Bella Vista disability lawyers can then help you begin the application process. Applying for disability benefits with any medical condition can be difficult. People with obvious disabilities are sometimes rejected because they did not provide enough information or filled out certain forms incorrectly. Our team can help you avoid mistakes and hopefully get you the benefits you need quickly.

Why Heart Disease is Considered a Disability in Arkansas

Numerous conditions are considered “heart disease.” According to the SSA, numerous diseases or conditions involving the cardiovascular system are considered disabilities in Arkansas, and people who live with these conditions might be eligible for disability benefits.

Heart disease might be considered a disability if it prevents you from going to work or working in a way that may be considered substantial or gainful. The exact criteria you must meet for your heart disease to be considered a disability varies between specific diagnoses.

For example, a person with chronic heart failure may be eligible for disability benefits if their condition meets the following criteria:

  • Systolic or diastolic failure, and
  • Persistent heart failure systems that seriously limit your ability to complete tasks of daily living independently, or
  • Three or more separate episodes of acute congestive heart failure within a consecutive 12-month time with evidence of fluid retention that require a doctor’s intervention, separated by periods of stabilization, or
  • The inability to perform an exercise tolerance test of 5 METs.

A list of heart disease and related conditions for adults and children can be found on the SSA website detailing exactly what criteria you must meet to be eligible for disability benefits. Our Farmington disability attorneys can help connect you with doctors to assess your condition and check if you meet the criteria for your specific form of heart disease.

How to File for Disability Benefits for Heart Disease in Arkansas

Filing for disability benefits involves a lot of paperwork, forms, and documentation. Some applicants attempt to file their applications independently but quickly realize they are in over their heads. An attorney experienced with the laws and procedures of disability benefits can help you fill out your application and submit it, so you get your benefits as quickly as possible with less headache and hassle.

First, you should check the online checklist provided by the SSA to make sure you have all the necessary information and paperwork to begin the application process. First, you will need a lot of personal information about yourself. Information about your place and date of birth, marital status, children, military service, employment, and even banking information is necessary.

Second, you must provide information about your heart disease and how it affects your daily life. This part tends to be more challenging because you must get a lot of information and documentation from doctors and medical professionals about your condition. You must prove the names and contact information of any doctors and healthcare providers you have seen about your heart disease. You must also provide information about any other medical records you have. For example, medical records related to Workers’ Compensation, public welfare assistance, or even correctional facilities must be provided.

It is not enough to submit your medical records for review. You must explain how your heart disease hinders your life on a daily basis. This may be challenging for those unfamiliar with the disability benefits system as they might not know what they should or should not say. Our Greenland disability attorneys have experience getting benefits for people with heart disease and can help you effectively explain your condition in your application.

How Bad Does Heart Disease Have to Be to Qualify for Disability in Arkansas?

Exactly how bad a condition like heart disease must be before someone can get disability benefits is a subjective question with no clear answer. While the SSA provides numerous criteria for heart disease that must be met, meeting these criteria does not necessarily guarantee your application will be approved. Our Rogers disability attorneys can help you explain your condition in a way that clearly shows you need disability benefits to get by.

Perhaps the most important part of your application is how you explain how your heart disease affects your life and prevents you from completing daily tasks. If you can continue working and living independently with your heart disease, you might not be approved for disability benefits. If you cannot work, cannot live on your own, and need help completing simple tasks, you must include these details. These are the details the SSA is looking for when they approve applications for disability benefits.

Call Our Arkansas Disability Attorneys for Assistance

If you live with heart disease and have trouble living independently or returning to work, our Springdale disability attorneys can help you apply for benefits. For a free review of your case and to begin working on your application, call our offices at (479) 316-0438.

Disabled people sometimes have difficulty returning to work, and they rely on disability benefits from the government to make ends meet. While most people understand disabilities to include physical conditions, mental health conditions are also included.

If you have borderline personality disorder (BPD), you might be eligible for disability benefits. As with any other condition, you must prove that your BPD meets specific conditions. Primarily, you must show that your condition is pervasive and chronic, and it prevents you from doing certain things required to hold down a job. To begin applying for disability benefits, you must have records of your mental health condition ready. The application process is long and complex, and a simple mistake could result in your application being denied. One of the most common reasons applicants with BPD are denied is that they fail to provide adequate evidence of their condition.

If you cannot work because you have borderline personality disorder, our Arkansas disability benefits lawyers can help you apply for benefits. Call our offices at (479) 316-0438 for a free case review.

Are Disability Benefits Available for People with Mental Health Conditions in Arkansas?

Most people probably think disability benefits are only meant for those with physical conditions or limitations that prevent them from working. On the contrary, people with mental health conditions that prevent them from working can also take advantage of disability benefits.

To be eligible for disability benefits, your condition must be listed under the listing of impairments. Keep in mind that there are separate listings for adults and children. The list contains 14 categories of conditions that are eligible for disability benefits. Mental conditions, including borderline personality disorder, are included under category 12.

Each category of the list of impairments is broken down further into specific mental and medical conditions. Under the category of mental conditions, borderline personality disorder is found under section 12.00B7 with elements of the disorder listed under section 12.08. If your conditions meet the criteria set out under the listing of impairments, our Farmington disability benefits attorneys can help you get disability benefits for your borderline personality disorder.

What Do I Have to Prove to Get Disability Benefits for Borderline Personality Disorder in Arkansas?

If you are applying for social security benefits for borderline personality disorder, you must have proof of several crucial factors. First, you must prove that the condition includes pervasive patterns of at least one of the following:

  • Distrust and suspiciousness of others
  • Detachment from social relationships
  • Disregarding or violating the rights of others
  • Instability of interpersonal relationships
  • Excessive emotionality and attention-seeking behavior
  • Feelings of inadequacy
  • Excessive need to be taken care of
  • Preoccupation with perfectionism and order
  • Recurrent, impulsive, and aggressive behavioral outbursts

Second, you must demonstrate how your BPD affects your ability to work. Specifically, you must demonstrate an extreme limitation or at least two of the following areas:

  • Understanding, remembering, or applying information
  • Interacting with others
  • Concentrating, persisting, or maintaining pace
  • Adapting or managing yourself

Essentially, you must show that your BPD exists by establishing the symptoms you experience, and you must show how those symptoms affect your ability to work. People with BPD often have difficulty holding a job because they cannot do things like interact with coworkers or customers, concentrate on work tasks, or understand information about their jobs.

Our Greenland disability benefits attorneys can help you gather the necessary evidence and records to begin your application for benefits. If you have not done so already, you should arrange to meet with a medical professional about the status of your condition and obtain your records.

Applying for Disability Benefits for Borderline Personality Disorder in Arkansas

The application process for disability benefits can feel like a very daunting task. People with BPD or other mental health conditions might have trouble understanding the application process. Our Arkansas disability benefits lawyers can help you compile and submit your application materials in such cases.

To begin, you should gather the documentation you need according to the checklist provided by the Social Security Administration. What information and documentation you need will vary based on your unique circumstances. Some information you might need includes marriage and divorce records, information about your children or other dependents, working history, education, and medical and mental health records.

When filling out your application, it is important to provide all necessary details about your condition and how it affects your life. Your application will be reviewed to make sure the requirements for disability benefits are met, and if anything seems off or information is lacking, you might be denied.

Our Johnson disability benefits lawyers have experience with these applications, and we know what kind of information the SSA is looking for. We can review your application before you submit it to check for anything that might be missing.

Common Reasons People with Borderline Personality Disorder Are Denied Disability Benefits in Arkansas

There are multiple common reasons why applicants are denied disability benefits in Arkansas. A lack of evidence about your condition often leads to a denial. You must provide detailed information about your borderline personality disorder and how it affects your life. Your application will likely be denied if you leave important information out or fail to attach pertinent medical records.

In other cases, the SSA might believe you earn too much money to qualify for disability benefits. These benefits are designed for people who cannot work and have little or no other income. If you have income above the monthly limit of substantial gainful activity, you might be denied. For 2022, this limit is $2,260 for blind applicants and $1,350 for non-blind. In many cases, money that should not be considered income is mistakenly counted as part of your monthly earnings. In that case, our Arkansas disability benefits attorneys can help clarify your application and hopefully get you the benefits you need.

Call Our Disability Benefits Attorneys for Assistance

If you want to apply for disability benefits but are unsure if your borderline personality disorder is covered, our Arkansas disability benefits lawyers can help you. Call (479) 316-0438 for a free case evaluation today.