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Helping You Get Your Rightful Social Security Disability Benefits in Fayetteville, AR
If you’re dealing with a debilitating injury or illness that has left you unable to work in Fayetteville, AR, you’re likely worried about your finances and future.
You may qualify for Social Security Disability benefits, but the complex Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs can make a successful application overwhelming and daunting.
That’s why you need a Fayetteville Social Security disability attorney to guide you through the process and improve your odds of a successful outcome.
The Caddell Reynolds Law Firm is here to help you navigate the intricate process and fight for the benefits you deserve. Our attorneys have more than 100 years of collective legal experience, and we’ve helped hundreds of clients in the Fayetteville area and across Arkansas get their rightful Social Security Disability benefits.
contact us today for a free consultation. We’ll review your case and help you complete the application process. If the SSA denied your claim, we can help you appeal the decision.
Whatever your needs, we’re here to guide you through the process, assert your rights, and do all we can to increase your chances of getting the full benefits you deserve.
Fayetteville Social Security Disability Attorney Guide
- Who Qualifies for SSDI or SSI?
- Overview of the Social Security Disability Application Process
- Why You Should Hire a Social Security Disability Attorney
- 3 Important Things That Your SSD Attorney Will Do for You
- about: Addressing Common Questions About Social Security Disability in Arkansas
- Securing Your Future with Caddell Reynolds Law Firm
Understanding SSDI and SSI
The Social Security Administration (SSA) oversees two distinct disability benefit programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). While both programs aim to provide financial assistance to individuals with disabilities, they have different eligibility requirements and payment structures.
SSDI is an insurance program funded by payroll taxes paid by workers and their employers. To qualify for SSDI, you must have worked and paid Social Security taxes for a specific period, and your disability must be expected to last for at least 12 months or result in death. The monthly benefit amount is based on your prior earnings and is designed to partially replace your lost income.
On the other hand, SSI is a needs-based program funded by general tax revenues. It provides financial assistance to individuals with limited income and resources who are blind, disabled, or over the age of 65. Unlike SSDI, SSI eligibility is not based on your work history, but rather on your financial situation and the severity of your disability.
National and Arkansas Statistics Regarding SSDI
According to the Social Security Administration’s Annual Statistical Report on the Social Security Disability Insurance Program, about 8.2 million disabled workers and 1.8 million disabled adult children received SSDI benefits nationwide in a recent year.
In Arkansas specifically, over 156,000 individuals received SSDI benefits.
The statistics highlight the significant number of individuals relying on these vital programs for financial support due to disabilities that prevent them from working.
An experienced Social Security Disability attorney can greatly increase your chances of obtaining the benefits you deserve.
Who Qualifies for SSDI or SSI?
To qualify for SSDI or SSI benefits, you must meet the Social Security Administration’s definition of disability. The SSA considers you disabled if you have a physical or mental impairment expected to last for at least 12 months or result in death, and this impairment prevents you from engaging in substantial gainful activity (SGA).
The SSA uses a five-step sequential evaluation process to determine if you meet the medical and non-medical requirements for disability benefits.
This process involves:
- Assessing your current work activity
- The severity of your impairment
- Whether your impairment meets or equals a listed impairment in the SSA’s Listing of Impairments
- Your residual functional capacity (RFC)
- Your ability to perform past relevant work or any other work in the national economy.
The criteria for SSDI and SSI are the same when it comes to determining disability, but the non-medical requirements, such as income and resource limits, differ.
Overview of the Social Security Disability Application Process
The Social Security Disability application process can be lengthy and complex. It often involves multiple steps you must complete properly and promptly with no mistakes. Many initial applications receive denials, which you can appeal.
Here’s a general overview of the SSDI process:
- Initial Application: You can apply for SSDI or SSI benefits online, by phone, or in person at your local Social Security office. You’ll need to provide detailed information about your medical condition, work history, and financial situation. It’s best to work with an attorney early in the process to ensure your application is complete, correct, and filed within any applicable deadlines.
- Disability Determination: The Disability Determination Services (DDS) office will review your application and supporting medical evidence. The DDS will assess whether you meet the SSA’s definition of disability.
- Initial Decision: If your claim is approved, you’ll receive a notice detailing your benefit amount and when your payments will begin. If your claim is denied, you’ll receive a written explanation and information on how to appeal the decision.
- Request for Reconsideration: If the SSA denies your initial claim, you can file a Request for Reconsideration within 60 days of the denial. A different examiner at the DDS office will review your claim.
- Hearing Before an Administrative Law Judge (ALJ): If you still get a claim denial after the reconsideration stage, you can request a hearing before an Administrative Law Judge. This is typically the most effective level of appeal, as ALJs have the authority to review your case in its entirety and make a new decision.
- Appeals Council Review: If the ALJ denies your claim, you can request a review by the Appeals Council, which can either uphold the ALJ’s decision or remand your case for further review.
- Federal Court Review: If the Appeals Council upholds the denial of your claim, your final option is to file a lawsuit in federal district court.
The complex and time-consuming application process contains numerous potential pitfalls. This makes the knowledge and skills of our experienced Social Security Disability attorneys invaluable.
Why You Should Hire a Social Security Disability Attorney
Social Security Disability applications submitted by experienced attorneys have a greater chance of being approved the first time than applications submitted by individuals seeking benefits.
When Social Security representatives encounter applicants represented by legal counsel, they know these applications are correctly filled out with all the documentation included. In other words, Social Security representatives know that denying such claims will produce an immediate appeal by the applicant’s attorney.
A Social Security Disability appeal can involve four different, complicated, and confusing levels of appeal. In addition to the Social Security Administration reviewers and their attorneys, you must file the complaint in the appropriate Federal District Court in your area. You must also present an opening brief, a reply brief, and submit required legal documents on time.
If you do pursue your Social Security Disability appeal without legal counsel, you risk having your appeal dismissed if federal court rules are not explicitly followed. This is one of many reasons why you want a Social Security Disability attorney with Caddell Reynolds who is experienced at writing appeal briefs at the Federal District Court level.
Dealing with a disability and the accompanying financial strain can be emotionally and mentally taxing. Having a knowledgeable attorney by your side can provide much-needed peace of mind, allowing you to focus on your health and well-being while your legal representative handles the complexities of your claim.
3 Important Things That Your SSD Attorney Will Do for You
For millions of Americans living with disability, SSD benefits are a lifeline and a critical form of support. By hiring a Social Security Disability attorney, you gain the expertise and diligence of someone who knows how to navigate the system.
Despite its importance, the bureaucracy that administers SSD benefits is rarely easy to navigate. Applicants discover that misinterpretations of the law or technical mistakes are enough to result in denial of benefits.
Your lawyer is committed to furthering your best interests, whether it’s during the initial application process or in later appeals. Here are just three ways an SSD attorney can safeguard your legal rights.
1. Properly Complete Paperwork
The Social Security Administration requires multiple forms, including medical records, as part of your application. Your lawyer helps you complete these forms correctly, describing any limitations you experience because of your physical or mental condition. Often, clients who attempt to do the paperwork on their own leave out vital information needed to prove their disability.
Additionally, clients often think they have done everything right, only to learn they’ve used incorrect forms or spoken to the wrong individuals. For example, a physician’s note is usually not enough to support an application for SSD benefits, even if that doctor’s opinion is clearly on your side.
2. Appeal a Denied Application
Unfortunately, SSD denies many initial applications. The appeals process has many stages, although you may not have to go through every stage if you are successful in getting the SSA to reverse its decision. Your attorney will assist you in gathering the required medical documentation, including getting the right information from doctors, to support your claim.
If your application is denied at the reconsideration stage, you may continue the appeal process and attend a hearing to make your case. Your lawyer will advocate for your interests by speaking on your behalf. Importantly, your attorney will provide the decision-makers with up-to-date and relevant information on your condition.
3. Provide Professional Knowledge
To win your SSD case, you must meet the SSA’s criteria. This means following the administration’s strict evaluation process. An attorney can walk you through these steps, ensuring you have all of the required elements to prove you are eligible for benefits. To receive SSD benefits, it’s not enough to have a disability. You must also prove it to the administrative decision-makers.
FAQ: Addressing Common Questions About Social Security Disability in Arkansas
As you navigate the Social Security Disability application process, you may have several questions and concerns. Here are some common frequently asked questions (FAQs) that the Caddell Reynolds Law Firm can address:
Q: How long does it typically take to receive a decision on a Social Security Disability claim in Arkansas?
A: The timeline for receiving a decision on a Social Security Disability claim can vary depending on various factors, such as the complexity of your case and the workload at the local Disability Determination Services (DDS) office.
In Arkansas, the average processing time for an initial disability claim is typically between 3 to 6 months. However, if your claim is denied and you need to go through the appeals process, it can take significantly longer, sometimes over a year or more.
Q: Can I work while receiving Social Security Disability benefits?
A: Yes, you can work while receiving Social Security Disability benefits, but there are strict income limits and guidelines. For SSDI, you are generally allowed to earn up to $1,470 per month (in 2023) before your benefits are affected.
For SSI, your countable income cannot exceed the federal benefit rate, which is $914 per month for an individual in 2023. It’s essential to consult with a Social Security Disability attorney to ensure that any work you perform does not jeopardize your eligibility for benefits.
Q: How much can I expect to receive in Social Security Disability benefits?
A: The amount of Social Security Disability benefits you may receive depends on several factors, including your work history, earnings record, and the program you qualify for (SSDI or SSI).
For SSDI, your benefit amount is calculated based on your average lifetime earnings and is designed to replace a portion of your lost income. For SSI, the benefit amount is a fixed federal rate, which may be supplemented by your state of residence.
Securing Your Future with Caddell Reynolds Law Firm
If you or a loved one in Fayetteville, Arkansas, is facing a debilitating injury or illness that prevents you from working, the experienced Fayetteville personal injury attorneys at Caddell Reynolds Law Firm are here to help.
With our in-depth knowledge of the Social Security Disability system and unwavering commitment to you and your needs, we will guide you through every aspect of the application process while protecting your rights and submitting the strongest claim application possible.
Don’t navigate the complex world of Social Security Disability alone. Contact the Caddell Reynolds Law Firm today at (479) 252-9267 to request a consultation. Our team of dedicated professionals will fight tirelessly on your behalf, providing the legal guidance and support you need during this challenging time.
Caddell Reynolds Law Firm – Fayetteville Office
509 Millsap Rd Suite 102, Fayetteville, AR 72703
P: (479) 252-9267
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AVAILABLE TO ANSWER YOUR CALLS & EMAILS 24/7
CLEAR & CONSISTENT COMMUNICATION THROUGHOUT THE PROCESS
AVAILABLE FOR HOME & HOSPITAL VISITS IF YOU CANNOT TRAVEL
COMMITTED TO MAXIMIZING THE RECOVERY YOU DESERVE
HUNDREDS OF MILLIONS OF DOLLARS RECOVERED FOR OUR CLIENTS
OVER 100 YEARS OF COMBINED LEGAL EXPERIENCE
