Determined and Relentless Representation
Social security benefits can be difficult to obtain, even though Americans have paid into the program. Due to the many rules and regulations for qualifying, it can be difficult to understand how to qualify, when, and what you need to prove to get benefits. This is why it makes sense to discuss your situation with a qualified and knowledgeable social security disability benefits attorney at the Law Office of Jason M. Hatfield. It is important to know that each case is unique. The circumstances of each case can vary. No two applicants will receive the same outcome for the same disability. Your social security disability benefits attorney at the Law Office of Jason M. Hatfield can outline what is applicable in your unique case. You deserve your benefits when you need help. We fight for you to get them.
Depending on an individual’s circumstances, a claim could have initially been denied. It’s important to remember that denials can happen at any stage of the process.
Without denials, typical steps for applying for SSDI in Arkansas include:
1. The initial application for SSDI.
2. A request for reconsideration.
3. Administrative Law Judge (ALJ) Hearing.
4. Review by Appeals Council.
5. Federal court.
Every step of the process has a different denial rate.The first two stages typically have poor approval rates. These claims may be approved at the ALJ stage or later.
In Arkansas, the SSDI approval and denial rates are:
An initial application for SSDI
Approval rate is approximately 30.3 percent. Denial rate approximately 69.7 percent.
Request for reconsideration
Approval rate approximately 8.7 percent. Denial rate approximately 91.3 percent.
Approval rate approximately 49.6 percent. Denial rate approximately 50.4 percent.
SSDI applicants must meet specific standards that can be difficult to comprehend. This is because the definition of disability, as outlined by the SSA, is:
• You cannot be gainfully employed.
• You are disabled due to a severe medical injury/disease.
• The disability is expected to last or has been ongoing for at least a year.
Per the definition of what constitutes a disability, the SSA has an evaluation process to determine if an applicant is disabled. The 5 SSDI questions asked include:
1. Are you working or engaged in a substantially gainful activity?
2. Is your physical and/or mental condition severe?
3. Does your medical condition meet the severity of a listing?
4. Can you do any of your past relevant work?
5. Can you adjust to do other work?
Determining what evidence needs to be presented, which forms are required, and what deadlines need to be overwhelming for most people. A social security disability attorney at the Law Office of Jason M. Hatfield can help you sort things out and get you on track with an SSDI application.
SSDI vocational guidelines fall into five activity categories:
Sedentary work: you can lift 10 pounds occasionally, and sit for 6 to 8 hours a day.
Light work: you can lift 10 pounds often and 20 pounds occasionally, and stand and walk for 6 to 8 hours a day.
Medium work: you can lift 25 pounds often and 50 pounds occasionally, and stand and walk for 6 to 8 hours a day.
Heavy work: you can lift or carry 100 pounds and often 50 pounds.
Very heavy work: you can lift 100 pounds and often lift 50 pounds or more.
There are no conditions that automatically qualify a worker for disability benefits. However, the SSA does review the following types of applications for SSDI:
There are two types of social security disability in Arkansas: Social Security Disability Insurance (SSDI) and/or Social Security Income (SSI). These two programs are different.
Social Security Disability Insurance (SSDI) is an entitlement program. It is for disabled individuals who paid into the Social Security system for at least ten years. The benefits are based on the amount of your lifetime earnings before you became disabled. You must also have a qualifying disability.
Social Security Income (SSI) is a “needs-based” program. To qualify, you must have limited assets and income. SSI requires recipients to have less than $2,000 in assets for a single person and $3,000 for a couple. It is complicated and based on countable income. Your social security disability lawyer can explain.