Serving clients in Fayetteville and all of NW Arkansas
For years or decades you dedicated yourself to a job, profession, or trade. You always took pride in your work and you never called it a day’s work until you had accomplished the goals you set for yourself that day. Such dedication is admirable and makes-up an essential part of the American character that has allowed this nation to become prosperous. However, as human beings our spirit and determination can often outlast the wear and tear our body can handle. For others, a sudden disease or injury can rob a person of the ability to do the things that they took for granted or the skills they honed and developed over many years.
Many people facing a serious impairment that prevents them from working are understandably worried about how they will support their family or pay their bills. While the Social Security Disability Insurance program cannot address all of your concerns, it can provide cash benefits to those who qualify. To determine if you are a potential candidate for SSDI benefits, read on. And if you believe that you can meet the standards for a SSDI benefits award, call Ken Kieklak, Attorney at Law at 479-439-1843 or contact us online.
What Non-medical Requirements Must an Applicant Satisfy?
There are both medical and non-medical grounds which a benefits applicants must satisfy before they can be approved for a SSD benefits award. To start, because SSDI is a workers’ insurance program that workers pay into during the course of their working life, the worker must be able to satisfy the work credit test. The work credit test is designed to ensure that only those who have paid into the system can draw benefits. The test it actually two-pronged. First, there is an overall work credit test where, based on the age of the worker, he or she must have a certain number of work credits. Second, the recent work test requires that workers, typically age 31 and greater, have worked for at least five of the previous ten years to maintain their SSDI eligibility.
Aside from requiring a sufficient number of work credits, workers also may not earn more than a certain amount if they want to qualify for SSDI benefits. The amount that a person can earn before becoming ineligible is measured in substantial gainful income (SGA). SGA include the things that are done or are typically done for pay. The 2015 limits on SGA are $1,820 a month for a blind individual and $1,090 a month for individuals with other serious impairments.
What Medical Requirements Must be satisfied for a SSDI Benefits Award?
As a threshold requirement for benefits, applicant must have one or impairments that cause severe limitations that are expected to persist for at least a year or to result in death. After this threshold issue has been satisfied there are generally to main means in which a medical issue can qualify an applicant for benefits: the condition or conditions meet or functionally equals a listing or through a medical-vocational allowance.
The Social Security Administration (SSA) has compiled a list of condition for children and adults that are so severe that individuals can qualify for benefits based on their condition alone. The Listed conditions for adults can be found in Appendix A of the IRS’ Blue Book while childhood conditions are listed in Appendix B. It is important to note that a mere diagnosis will not qualify an individual for benefits. Per the individual listings, types of required evidence includes medical, vocational, and educational records along with clinical observations and objective laboratory tests.
If you cannot qualify on the sole basis of a medical listing you may be able to qualify on the basis of a medical-vocational allowance. If you have a severe impairment that prevents you from performing past work and there is no alternate, appropriate work available for you to perform you will also qualify for benefits. Special considerations are made for older workers who are less able to learn new skills or trades.
Washington County, Arkansas Social Security Disability Insurance Lawyer Ken Kieklak
If you have worked for years but an injury, illness, or degenerative condition has made continued work impossible, Ken Kieklak may be able to help. For more than 20 years Ken Kieklak has fought on behalf of the hardworking people of northwest Arkansas. To schedule a free and confidential SSDI consultation, call us at 479-439-1843 today or contact us online.
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