The Springdale, AR, Social Security disability lawyers at the Law Offices of Jason M. Hatfield, P.A. have put together a video outlining important information for injured workers who are considering applying for Social Security Disability Insurance benefits.
Social Security Disability Benefits Can Be Difficult to Obtain
Applying for Social Security disability benefits might seem like it would be easy, but that is not always the case. Due to the various rules and regulations that limit who qualifies for benefits, proving an SSDI claim is more challenging than many applicants realize. In fact, many applicants find it difficult to discern exactly what they need to prove to qualify for benefits.
However, despite the difficulties in obtaining benefits, in 2020, 9.5 million people qualified for and received Social Security Disability Insurance benefits totaling nearly $11.6 billion. Eighty-nine percent of these benefits were paid to disabled workers. That same year, the Social Security Administration terminated benefits for 892,811 recipients.
Types of Social Security Disability Benefits
The Social Security Administration is the federal agency that oversees all Social Security benefits. There are two different types of Social Security benefits available to Arkansas residents.
Social Security Disability Insurance Benefits
Social Security Disability Insurance (“SSDI”) is an entitlement program for individuals who are experiencing disability and have paid into the Social Security system for at least ten years. The amount of SSDI benefits someone receives depends on their lifetime earnings at the time they became disabled. To qualify for SSDI benefits, you must have a qualifying disability.
Social Security Income (“SSI”) Benefits
Social Security Income benefits are part of a needs-based program. To qualify for SSI benefits, you must have limited assets as well as an income. For example, a single person must have less than $2,000 in assets, whereas a married couple can have up to $3,000 in assets. However, determining what counts are “income” when trying to qualify for SSI benefits can be confusing, as the process is not straightforward.
Who Qualifies for SSDI Benefits?
SSDI benefits are available to disabled workers who are under the age of 65 and have sufficient “work credits.” Work credits are earned by maintaining a job and paying into the Social Security program. Once you qualify for SSDI benefits, you will receive monthly benefits that can be used to cover your daily living expenses, such as food, transportation and utility bills.
Dealing with an SSDI Denial
There are many reasons why the SSA might deny your claim for SSDI benefits. Denials can occur at any stage of the process, so it is important to ensure your application is complete when submitted. However, there are procedures in place that allow for denied applicants to seek reconsideration or even an appeal. The steps to filing SSDI benefits may include the following:
1.
Submit
the initial SSDI application.
2.
Request
reconsideration.
3.
Attend a
hearing in front of an Administrative Law Judge (“ALJ”)
4.
Review by
the Appeals Council.
5. Review by a federal court.
While it’s possible that a claim proceeds smoothly and benefits are paid in a timely manner. Denials are not uncommon. Each stage of the Arkansas SSDI application process has a different denial rate. Once an application reaches an ALJ, it can be approved, and benefits can be paid. For example, below are the most current approximate SSDI approval rates:
Initial Application for SSDI Benefits
Approved: 30.3 percent
Denied: 69.7 percent
Request for Reconsideration
Approved: 8.7 percent
Denied: 91.3 percent
ALJ Hearing
Approved: 49.6 percent
Denied: 50.4 percent
Who Is Considered “Disabled”?
Under current SSA guidelines, the
definition of disability requires you to meet each of the following three
elements:
·
You
cannot be gainfully employed
·
You are
disabled due to a severe medical injury or disease; and
· The disability is expected to last at least a year or has been ongoing for at least a year.
The SSA Evaluation Process
The SSA created an evaluation
process to determine if an applicant has a qualifying disability. Some of the
questions that are asked during this process include:
·
Are you
currently working or engaged in a substantially gainful activity?
·
Is your
physical or mental health condition severe?
·
Does your
medical condition meet the severity of one of the disability listings?
·
Can you
do any of the work you’ve done in the past?
· Can you make adjustments so you can perform other work?
Are You Considering Applying for SSDI Benefits?
If you are currently experiencing
a severe disability that impacts your ability to work, or you’ve been
experiencing a disability for the past year, you may be entitled to SSDI
benefits. However, the process of applying for SSDI benefits is complex, and
applicants frequently encounter roadblocks along the way that can delay their
benefits or even prevent them from qualifying. An Arkansas Social Security
disability lawyer can help applicants through the process to ensure the best
possible chance of success. At the Law Office of Jason M. Hatfield, PA, we
offer all disabled workers a free consultation to inform them of their rights
and help them navigate the SSDI application process.
For details visit: https://www.jhatfieldlaw.com/springdale/social-security-disability/
Law Office of Jason
M. Hatfield, P.A.
1025 E Don Tyson
Pkwy
Springdale, AR 72764
(479) 361-3575
400 N 6th St, Suite
2
Fort Smith, AR 72902
(479) 777-1206
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