Applying for disability benefits is a process that is likely to cause a person stress. First-time applicants for disability may be confused about when they are eligible to receive benefits and the amount of benefits they could be awarded. One common question is whether an applicant’s work history makes a large impact on the ability to claim benefits. If you would like to file for disability benefits after being out of work for a period of time, call our Arkansas disability benefits lawyer today. Ken Kieklak, Attorney at Law, has an extensive record of using his legal experience to help his clients litigate for benefits needed to manage their disability. Our Fayetteville, AR disability lawyer is here to answer questions our clients may have about how their work history affects their status to receive benefits.
How Long Should an Out of Work Applicant Wait to File a Disability Claim?
It is common to be concerned about whether your application for disability benefits will be approved or denied by the Social Security Administration (SSA). When a disability keeps them from performing their job, a person may wonder when the appropriate time would be to file a claim with the SSA. The answer is that waiting weeks or months will likely only hurt your chances of claiming disability benefits.
Once you are diagnosed with a disability, and you believe that it will substantially impact your health and ability to work, you should begin preparing to file your application for Social Security Disability Insurance (SSDI). To get started, you should find an Arkansas disability appeals attorney that is familiar with how SSA disability applications are conducted and that has experience with litigating before the SSA. You should also make sure to bring any relevant documentation that will assist your legal team in presenting a case with a good chance of success.
Our firm is to assist you in claiming the benefits that will assist you with a number of financial expenses if you are unable to work due to a disability.
Reasons to File for Disability Soon After Being Out of Work
As mentioned, waiting a significant length of time to pursue your disability benefits could hurt your chances of being approved by the SSA. The following is a list of issues that may harm your ability to be awarded disability benefits.
Outdated Medical Information
Before you could be granted SSDI, you should be sure that you understand the severity of your disability. One of your first tasks should be to visit a medical office so a medical practitioner could evaluate the extent of your condition. For example, if you have an eye injury that causes blindness in one eye, this could drastically compromise your ability to work.
When a disabled person takes too long to seek benefits, they run the risk of having outdated medical information to supply to the SSA. Before awarding benefits, the SSA typically wants to know how the disability has had an effect on the life of the applicant and whether the applicant cannot earn a certain amount of money per month due to their disability. For example, if you are still able to work and you earn at least $1,310 per month, this could disqualify you from receiving SSDI benefits. Note, however, the threshold amount of $1,310 is raised to $2,190 for an applicant that was diagnosed with blindness.
If you were forced to leave your job or you have difficulty with everyday tasks like bathing, this would be valuable information that could support your case. If an applicant does not have this information ready, the examiner of your disability benefits case may rule against you.
Back Pay Issues
When an applicant for SSDI benefits wins their case, they could also be provided with back pay for the weeks or months that they were disabled but did not have access to their benefits. However, back pay could only be given to an applicant up to 12 months prior to the filing of their application for SSDI. As a result, if a person waits too long to file for benefits after being out of work, the amount of back pay they may receive would be limited by their filing date.
If you have solid evidence that your disability will continue for longer than a year or that it could result in your death, it does not help you sit on this information for a long period of time. Once you learn that you cannot work, you should immediately consider applying for disability benefits.
Speak with a Knowledgeable Arkansas Disability Attorney if Your Condition has Kept You Out of Work
If you are concerned about how your work status may limit your ability to receive disability benefits, you should seek legal assistance from a qualified Fort Smith, AR disability benefits attorney as soon as possible. Arkansas disability attorney Ken Kieklak welcomes the chance to provide potential clients with legal service that will consider the needs of the client and try to meet them as best as possible. We understand that a successful award of disability compensation could change the life of a person living with a disability. If you need help with your disability case, call Ken Kieklak, Attorney at Law, at (479) 316-0438 for a free consultation. Potential clients are also welcome to schedule their free, confidential consultation online.
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