Serving clients in Fayetteville and all of NW Arkansas
If you or a loved one has a disability that prevents you from returning to work, we may be able to help. Ken Kieklak, Attorney at Law, has handled many disability cases like yours and has helped many Arkansas get the compensation they need.
Don’t let a physical or mental disability take over your life. To discuss your case, in a free, confidential consultation with an experienced Johnsons, AR social security disability lawyer, call our law offices today at (479) 279-6149.
Defining Disability Under the Social Security Administration
Qualifying for the economic assistance provided by the Social Security Administration (SSA), requires understanding how this agency defines disability. The importance of this definition is that it gives you an idea of what kind of disabilities are covered by the SSA and that may qualify you for compensation under Social Security Disability Insurance (SSDI). The SSDI is a program that grants economic assistance to individuals who are “covered” as provided by the rules set forth by the SSA.
The SSA defines disability as the “inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s).” Medically determinable impairments refer to a physical condition or ailment that can be determined using commonly accepted medical practices such as examinations, lab results, and other traditional medical techniques. This condition must generally have lasted for at least one year, be expected to last for at least one year, or be expected to result in death.
Qualifying for Social Security Disability Benefits in Johnson, Arkansas
Qualifying for Social Security Disability Insurance (SSDI) benefits in Johnson, Arkansas requires meeting specific criteria set forth by the SSA. As the petitioner, you will need to meet the “severe condition” requirement set forth by the SSA. The SSA has a list of conditions that can qualify for SSDI benefits. This list is known as the SSA’s “Blue Book,” and it contains detailed descriptions of the conditions that can qualify an individual for benefits. If your condition or illness is deemed to be severe, you may be deemed eligible for disability benefits. If your condition is not listed in the SSA’s Blue Book, you will need to be evaluated using a separate process to determine whether you are eligible.
It is essential to point out that SSDI is only available for individuals who have enough work credits. In other words, SSDI benefits are accessible to people with enough work experience. Additionally, you cannot engage in substantial gainful activity. This means that if you earn more than the established threshold ($1,220 per month in 2019), you will not qualify for benefits.
Initially, you will need to file your application with the SSA. The agency will require you to file specific documentation related to your medical history. You will need to provide the SSA with all necessary documentation, or your case may be dismissed. Once you have provided the SSA with all the requested information, they will evaluate your situation and reach a determination. Usually, this process takes up to 120 days.
What Happens If My Claim is Denied?
If your claim is denied in Johnson, Arkansas, you have the right to appeal the SSA’s determination. You will have up to 60 days to file an appeal after an initial claim rejection. The SSA will receive your case again for a second consideration. If the SSA rejects your reconsideration, you have an additional 60 days to request an administrative hearing in which an administrative judge will review the facts of your case and reach a determination.
If you don’t agree or are otherwise dissatisfied with the administrative judge’s decision, you can file another appeal with the Appeals Council. If you do not agree with the Appeal Council’s determination, you can petition a review from a federal court. This would be your last chance at appealing your denial.
The qualifying process can take a lot of time and effort. It also requires in-depth knowledge and an understanding of the SSDI process. Dealing with an SSDI claim on your own can be extremely challenging, especially if you have never been involved in this process before. Our experienced, skilled, and knowledgeable attorneys can help you go through the entire procedure and make sure you comply with the rules set forth by the SSA.
Johnson, Arkansas Disability Attorney Handling SSDI Claims
If you or a loved one is suffering from a condition that is limiting their ability to perform their everyday duties, we may be able to offer assistance. Ken Kieklak, Attorney at Law, can help you file your SSDI claim and get you the compensation you need to recover from your ailment. Our Johnson, AR, social security disability lawyers can help you throughout your entire case. To speak to a professional about your specific case in a free, private consultation, call our law offices today at (479) 279-6149.