Arkansas Injury Lawyer Blog
Did you know that the first time you apply for Social Security disability in Arkansas your claim will likely be denied? It’s true. According to stats collected every year, the percentage of first-time claims that get approved runs around 30% here in Arkansas. That means that roughly 70% of the people who feel they need Social Security disability in Arkansas are denied—even if they actually qualify.
The reasons for the denied claims vary and can include:
- Improperly filled-out paperwork
- Current earnings above approved caps
- The disability (as it’s presented) isn’t debilitating enough
- The disability is deemed temporary or semi-permanent
Protect Your Future Benefit
Even if any of these reasons for denial apply to you, and you don’t yet qualify for Social Security disability in Arkansas, you can file an application for a period of benefit-free disability. This will effectively “freeze” your income record and will eliminate the risk of your eventual Social Security disability benefit decreasing because you’re not currently bringing in the level of income you’re accustomed to.
Requirements for a Successful Social Security Disability Application in Arkansas
There are several things you can do to help increase the odds of your disability application passing successfully through the approval process the first time around. Mostly this process involves providing enough proof to ensure your case meets the minimum requirements for approval in Arkansas. To do that you must convince the Social Security administration that:
1) You’re currently listed in the Social Security Database (with the correct financial history);
2) The disability you’re claiming is on the “approved” list of Social Security disabilities;
3) Your condition is severe enough to dramatically impact your life and make it impossible for you to continue working at any capacity;
4) That quantifiable impact on your life will persist for a minimum of 12 months;
That process involves collecting accurate financial information, historical and current medical records, and presenting that data in a persuasive manner.
If your condition and circumstances meet these requirements, your application should process through successfully. But just because it should, does not mean that it will. Indeed, the approval process can sometimes seem arbitrary with severely disabled individuals being denied benefits while seemingly more able individuals receive full disability.
If At First You Don’t Succeed
If your initial claim is denied, you must file a Request for Reconsideration. But before you do so, it’s important to understand why your claim was denied in the first place. Was it because you filled out a form incorrectly or did not provide enough financial information? Or was it something more substantial like failing to prove your condition meets the requirements specified for earning Social Security disability in Arkansas?
Take that information and do what you can to bolster your case. That may involve something as complicated as getting additional expert testimony from a medical professional, or you may simply need to correct errors in your original application.
Whatever effort you put into your Request for Consideration, keep in mind only a small percentage of resubmitted claims will be approved. In fact, some statistics show that denial rates for these types of secondary applications are as high as 90%.
So what do you do when you’ve exhausted all the options listed above?
Get a Legal Expert on Your Side
In Arkansas when your Request for Reconsideration fails and your Social Security disability claim is denied again, you can request a hearing before an Administrative Law Judge. It’s at this point that you should consult with an Arkansas disability law attorney if you haven’t already.
The judge who eventually hears your case will want to see accurate records of your:
- Income earnings (possibly for the last 15 years)
- Medical documentation concerning your disability
- Other pertinent details
A good Arkansas Social Security lawyer will already know what sort of documentation you need to prove your case and they will work with you from the start to gather everything you need to convince a judge that your disability is real and that it is truly affecting your life to the point where you can no longer provide for yourself and your family.
However, keep in mind that the average success rate for Arkansas Social Security disability claims that are heard by a judge is only 50%. But if you don’t hire a Social Security lawyer in Arkansas to help you through this process and escalate your denied claim, you most likely will not get the Social Security benefits you deserve.
The experienced professionals at the Pfeifer Law Firm can help you apply for Social Security disability benefits in Arkansas and walk you through the legal process necessary to escalate your denied claim to the next level. Don’t settle for less than you deserve. Contact the Pfeifer Law Firm online or call 501-374-4440 today.