Suffering a severe injury to a limb at the workplace can change a person’s life forever. A person may be even more distraught to learn that a doctor cannot treat the damage to the limb and that it must be amputated instead. After suffering an amputation due to a work injury, it is normal for a victim to wonder whether their condition can earn them disability benefits. If you need legal assistance to apply for disability benefits after having a limb amputated, you should consult with an experienced Fayetteville, AR disability lawyer as soon as possible. Ken Kieklak, Attorney at Law, is prepared to assist you with your disability benefits application. Our firm is here to discuss how an injured worker can apply for disability benefits in Arkansas after an amputation.
Do Amputations Qualify for Disability Benefits in Arkansas?
If you sustained a work injury that left you with an extremity that had to be amputated, you should be aware that your injury may qualify for disability benefits. The Social Security Administration defines a disability as a person’s inability to perform substantial gainful activity due to a physical or mental impairment. Additionally, the injury sustained by the victim must be expected to cause a person to die, or the impairment must last for at least 12 months.
Generally, there is a five-step process that the SSA uses to determine whether a person’s injury is a condition that qualifies for disability benefits in Arkansas.
Can the Applicant Perform Substantial Gainful Activity?
As mentioned, substantial gainful activity is a criterion used to determine eligibility. Specifically, the SSA wants to know whether the injured person has the capability to perform work that will earn a significant amount of income. Note, however, that that the limit for this income is subject to change every year. In 2020, an applicant for disability benefits that exceeds $1,260 in monthly income cannot be approved for disability benefits.
Does the Applicant’s Amputation Qualify as a Severe Impairment?
The next question that will be asked by the SSA is whether the applicant is living with a severe impairment. A severe impairment is one that drastically decreases the number of tasks the applicant can perform individually or with the help of others. An individual that has needed amputation of a limb will likely be extremely limited in a variety of circumstances.
Is Your Condition Listed by the SSA as a Disability?
The SSA has listed a number of conditions that will make an applicant eligible to receive disability benefits. Amputations are an injury that is recognized by the SSA as a condition that is eligible for benefits. It is important to note that some medical conditions that are not on the list of conditions may still be used for disability benefits.
Is the Applicant Able to Perform their Former Job?
The SSA will also examine whether the applicant is able to continue performing the functions of the previous position despite the injury they sustained. For an individual that lost an arm or a leg while working in a physically demanding job like a construction worker, it may be impossible to keep up with the duties required of that job. Alternatively, if a workplace injury in Arkansas allows you to continue in your old position, you will likely be unable to qualify for disability benefits.
Can the Applicant Perform Other Gainful Employment?
Finally, the SSA will also inquire whether the applicant is able to perform another position that will provide that they will be able to perform with their medical condition. However, if there are no positions for amputees that match the applicant’s skills and experience, this will allow the applicant to successfully apply for disability benefits.
It is important to note that an applicant must meet all the above qualifications in order to be approved for disability benefits.
To learn more about why you should consider hiring an experienced Arkansas disability benefits lawyer, you should continue reading.
Reasons to Hire an Arkansas Disability Attorney After an Amputation Injury
If you sustained an injury at the workplace that caused one of your limbs to be amputated, you should consider pursuing disability benefits. The process to successfully apply for Social Security Disability Insurance (SSDI) can often be complex and tedious. In many cases, a person’s initial attempt to gain SSDI may be denied. However, an experienced Arkansas attorney for denied disability benefits can help you fight for the benefits you deserve.
Our firm understands that it can be difficult to handle a disability case so soon after an injury, and we are here to represent you. We can help you gather evidence for your disability claim and represent you in hearings that may occur due to your claim. We welcome the opportunity to speak with you regarding the benefits of hiring an Arkansas disability benefits lawyer.
Contact Our Experienced Arkansas Disability Benefits Lawyer to Discuss Your Amputation Injury
If you or a family member was the victim of a work injury that resulted in amputation, you should consult with an experienced Arkansas disability benefits lawyer today. Disability lawyer Ken Kieklak has over 20 years of legal experience, and he would like to use his legal knowledge to help you apply for the disability benefits you deserve after a serious work injury. Our law firm can also help you apply for Workers’ Compensation benefits for an amputation injury. To schedule a free legal consultation to discuss your potential case, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You should also contact the firm online.
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