A disabling injury or medical condition can happen without notice and can catch you off guard. A disability can prevent you from returning to work and doing all the things you once did. Not being able to work and provide for yourself and your loved ones can be challenging and stressful. However, you may have a chance to get financial assistance from the Social Security Administration (SSA).
If you or a loved one has a debilitating disability and cannot work, you can apply to get your Social Security benefits in Arkansas. Our Arkansas disability benefits lawyer Ken Kieklak can help you file your claim and fight for your benefits. To learn more about our services, call and schedule a free, confidential consultation at (479) 316-0438.
Social Security Disability Benefits Available in Arkansas
The SSA provides disabled people with financial assistance known as Social Security Disability Insurance (SSDI). This program has qualification requirements that all petitioners must meet to get their benefits.
The fact you may suffer a condition or physical impairment doesn’t mean the SSA will automatically accept your claim. As you will learn through this article, most of the SSA applications are rejected on the first try. It is always in your best interest to hire an Arkansas disability benefits attorney who can guide you and help you understand what to expect from the process.
Qualifying for Disability Benefits in Arkansas
In order to qualify for SSDI in Arkansas, it is essential to explain how this benefits program works. SSDI is available to people who have accumulated enough working credits and have paid their FICA taxes for a specified number of years. Your working credits accumulate at four credits per year rate. If you have enough working credits and get disabled, you may qualify for your SSDI benefits.
The SSA will analyze your claim to determine whether you are eligible for your Social Security disability benefits. To reach their determination, the SSA will utilize a five-step sequential assessment which includes:
As we mentioned, part of your qualification process requires the disclosure of your finances. Typically, the SSA will analyze your finances to determine whether you engage in what is known as substantial gainful activity (SGA). If your monthly income goes beyond the SSA’s SGA threshold, you may not qualify for your benefits.
If you are filing for SSDI benefits in Arkansas, your SGA must be $1,260 – for non-blind individuals – and $2,110 for blind petitioners. In short, if your monthly income goes beyond these thresholds, you will not be eligible for SSDI. There have been instances where SSDI claims examiners have made mistakes when determining whether you meet the SGA limits. Our Arkansas disability benefits attorneys can help you set the record straight with the SSA.
Your Disability’s Extent
To get your disability benefits in Arkansas, your injury must meet the SSA’s definition of “severe.” According to the SSA, a condition or disability is severe if it is expected to last for at least one year or is expected to cause death. Additionally, your condition should prevent you from performing most of your everyday duties. If your condition is not severe in the SSA’s eyes, you will not be able to qualify for your disability benefits.
SSA Blue Book
The SSA has a comprehensive list of medical conditions and disabilities that may qualify for SSDI. This list is known as the Blue Book, and it categorizes many different types of conditions that may grant you the right to your benefits. If your condition is not listed “verbatim,” you should not be discouraged. Many different disabilities are not necessarily listed on the Blue Book but are similar to the ones already there. Under these circumstances, it is possible that your condition may qualify. Our Arkansas Social Security disability benefits attorneys can help you.
Residual Functional Capacity
After identifying your disability as one that may be eligible for SSDI benefits, the SSA will evaluate whether there are things you can still do despite your disability. This is what is known as the residual functional capacity (RFC). If you can still perform tasks at your workplace, you won’t be eligible for benefits.
The SSA can go even deeper in your claim evaluation by determining whether you can do any other kind of work despite your disability. If they find you can do things on another job, they may deny your benefits.
As you can see, the evaluation process for this application is strict. It is always in your best interest to hire an Arkansas disability benefits attorney who can help you prove your disability requires SSDI assistance.
Appealing a Disability Claim Denial in Arkansas
The SSA is cautious with the number of claims they approve. Almost 70% of all claims filed with the SSA will be denied. This means you only have nearly a 30% chance of getting your benefits. However, if your claim was denied, there are still ways to fight for your benefits. You can file an appeal to have your case re-evaluated. Fighting for your SSDI denial is possible. Your Arkansas disability benefits attorney can help you with all these legal matters.
Arkansas Disability Benefits Attorney Offering Free Consultations
If you or a loved one has a disability preventing them from working in Arkansas, we can help. Our Arkansas disability benefits attorney Ken Kieklak can help you fight for your SSDI benefits. Thanks to decades of experience handling SSDI claims in Arkansas, we are able to provide you with the quality legal services you may need. To learn more about our legal services and how we can help you with your claim in a free, confidential consultation, call Ken Kieklak, Attorney at Law today at (479) 316-0438.