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A debilitating injury or illness that prevents you from working may mean that you cannot support yourself or your family. Uncertainty of the future can overwhelm you.

If you find yourself in this situation and reside in Fort Smith, Arkansas, or the surrounding areas, you need the invaluable knowledge and experience of a Fort Smith Social Security Disability attorney from Caddell Reynolds Law Firm. We can explain your rights and options regarding Social Security Disability benefits.

contact us today for a free case review and advice about your rights and options.

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Fort Smith Social Security Disability Attorney Guide

• Social Security Disability Statistics for Arkansas and the U.S.
• How Does the Social Security Disability Application Process Work?
• Why Should I Hire a Social Security Disability Attorney?
• FAQ on Social Security Disability in Arkansas
• Contact an Experienced Fort Smith Social Security Disability Lawyer Today

What Is Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

Social Security Disability Insurance (SSDI) is a federal program managed by the Social Security Administration (SSA) that provides monthly benefits to individuals who have worked and paid Social Security taxes for a significant period but now cannot work due to a severe, long-term disability.

SSDI is designed to partially replace lost income and provide financial assistance to individuals and their families during challenging times.

On the other hand, Supplemental Security Income (SSI) is a needs-based program that provides financial assistance to individuals with limited income and resources, regardless of their work history.

To qualify for SSI, you must meet strict financial criteria, in addition to having a qualifying disability or being 65 years of age or older.

Social Security Disability Statistics for Arkansas and the U.S.

According to the latest statistics from the Social Security Administration, in 2021, approximately 8.6 million Americans received SSDI benefits, with an average monthly benefit of $1,277. In Arkansas, over 175,000 individuals received SSDI benefits, with an average monthly payment of $1,158.

Furthermore, the SSI program provided benefits to approximately 7.9 million individuals nationwide in 2021, with an average monthly payment of $617. In Arkansas, over 135,000 individuals received SSI benefits, with an average monthly payment of $592.

Understanding Social Security Disability Qualifications

To qualify for SSDI or SSI benefits, you must meet certain criteria set forth by the Social Security Administration.

Here are some key factors that the SSA considers when evaluating your eligibility:

• The severity of your medical condition: To qualify for disability benefits, you must have a severe physical or mental impairment that has lasted or is expected to last for at least 12 months or result in death. The impairment must significantly limit your ability to perform basic work-related activities.
• Meeting a listing: The SSA maintains a listing of impairments that outlines specific medical conditions and criteria that automatically qualify an individual for disability benefits. If your condition meets one of the listed impairments, you may be found disabled.
• Inability to perform past work: If your condition does not meet a listing, the SSA will assess your residual functional capacity (RFC) to determine if your impairment prevents you from performing any of your past relevant work.
• Inability to perform other work: If you cannot perform your past work, the SSA will consider your age, education, work experience, and RFC to determine if you can adjust to other types of work. If they determine that you cannot adjust to any other work, you may be found disabled.
• Work credits (for SSDI): To qualify for Social Security Disability Insurance (SSDI), you must have worked and paid Social Security taxes for a sufficient period, accumulating enough work credits based on your age when you became disabled.
• Income and asset limits (for SSI): To qualify for Supplemental Security Income (SSI), you must have limited income and assets below the SSA’s thresholds, which vary based on your living situation and other factors.

The SSA’s complex disability determination process leads to many denied initial applications. If you believe you qualify for disability benefits, consult an experienced Social Security Disability attorney who can evaluate your situation and provide guidance on navigating the application and appeals process.

How Does the Social Security Disability Application Process Work?

The process of applying for Social Security Disability benefits can be lengthy and complicated. It typically involves completing extensive paperwork, providing medical records and documentation, and potentially undergoing a consultative examination by a physician appointed by the SSA.

Here’s a detailed overview of how the Social Security Disability application process works:

Initial Application

The process begins with filing an initial application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

This can be done online, by phone, or in person at your local Social Security office. During the initial application, you’ll need to provide detailed information about your medical condition, work history, and other relevant details.

Determination of Disability

Once your application is received, the Social Security Administration (SSA) will review your case to determine if you meet their definition of disability.

This involves an evaluation of your medical records, work history, and ability to perform any type of work.

The SSA may also arrange for a consultative examination with a physician of their choosing to gather additional medical evidence.

Initial Decision

After reviewing your case, the SSA will issue an initial decision. If your application is approved, you’ll begin receiving disability benefits. However, if your application is denied, you’ll receive a written explanation for the denial and information on how to appeal the decision.

Request for Reconsideration

If Social Security denied your initial application, you can request a reconsideration, which is the first level of appeal.

During this stage, a different team of disability examiners will review your case, including any new medical evidence you provide. The reconsideration process typically takes three to five months.

Administrative Law Judge (ALJ) Hearing

If your claim is denied again at the reconsideration level, you can request a hearing before an Administrative Law Judge (ALJ). This hearing is your opportunity to present your case in person, provide testimony, and submit additional evidence. The ALJ will review your case and issue a new decision.

Appeals Council Review

If the ALJ denies your claim, you can appeal to the Social Security Appeals Council. The Appeals Council has the discretion to review your case or decline to review it. If they agree to review your case, they can either issue a decision or remand (send back) your case to the ALJ for further review.

Federal Court Review

If the Appeals Council denies your claim or declines to review your case, your final option is to file a lawsuit in the federal district court. This is a complex legal process, and it’s highly recommended to have an experienced Social Security Disability attorney represent you at this stage.

Throughout the application and appeals process, it’s crucial to provide detailed medical evidence, follow all instructions and deadlines, and be prepared to present a strong case for why you meet the SSA’s definition of disability.

Many claimants have a Social Security Disability attorney assist them from the initial application stage due to the lengthy and complicated process.

Why Should I Hire a Social Security Disability Attorney?

While it is possible to apply for Social Security Disability benefits on your own, the process can be daunting and overwhelming, especially when dealing with the physical and emotional challenges of a disability.

Hiring an experienced Social Security Disability Attorney from Caddell Reynolds Law Firm can significantly increase your chances of success and provide invaluable guidance throughout the process.

Our attorneys have an in-depth understanding of the SSA’s rules and regulations, as well as the specific requirements for proving disability in your particular case. They can assist in gathering and presenting the necessary medical evidence, represent you at hearings, and handle all communication with the SSA on your behalf.

Furthermore, Social Security Disability Attorneys typically work on a contingency fee basis, meaning they only get paid if your claim is approved. This arrangement ensures that you have access to legal representation without the burden of upfront costs during an already challenging time.

FAQ on Social Security Disability in Arkansas

How long does it take to get approved for Social Security Disability in Arkansas?

The time it takes to get approved for Social Security Disability benefits can vary greatly depending on the complexity of your case and the level of appeal required. On average, the initial application process can take three to five months, while the appeals process can take an additional six to 12 months or longer.

Can I work while receiving Social Security Disability benefits?

You can work while receiving Social Security Disability benefits, but your earnings must remain below the Substantial Gainful Activity (SGA) limit set by the SSA. In 2023, the SGA limit for non-blind individuals is $1,470 per month, and for blind individuals, it is $2,460 per month.

What medical conditions qualify for Social Security Disability in Arkansas?

The SSA maintains a listing of impairments that outlines qualifying medical conditions for disability benefits. These include musculoskeletal issues, cardiovascular conditions, respiratory disorders, neurological impairments, mental disorders, and various other severe, long-term disabilities.

Can I receive Social Security Disability benefits if I’m also receiving workers’ compensation?

Yes, it is possible to receive both Social Security Disability benefits and workers’ compensation benefits simultaneously. However, there are complex rules and calculations involved to ensure that the combined benefits do not exceed certain limits.

Can my children receive benefits if I’m approved for Social Security Disability?

Yes, if you are approved for SSDI benefits, your unmarried children under the age of 18 (or under 19 if still in high school) may also be eligible to receive auxiliary benefits based on your record.

Contact an Experienced Fort Smith Social Security Disability Lawyer Today

If you or a loved one in Fort Smith, Arkansas, faces the challenges of a debilitating injury or illness, don’t hesitate to reach out to the experienced Fort Smith personal injury lawyers at Caddell Reynolds Law Firm. Our knowledge and compassionate guidance can make a significant difference in navigating the complex process of obtaining the benefits you deserve.

With our unwavering commitment to protecting your rights and ensuring your financial security, the attorneys at Caddell Reynolds Law Firm will be by your side throughout the process. Begin securing your future by requesting a consultation today. You can call us at (479) 782-5297 or contact us online. We make your well-being and peace of mind our top priorities.

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Caddell Reynolds Law Firm – Fort Smith Main Office

122 N 11th St, Fort Smith, AR 72901
P: (479) 782-5297

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