When Should I Apply for Social Security Disability in Arkansas? A Harrison Arkansas Disability Lawyer answers this question and more.
This is a difficult question to answer and the answer is different for everyone.
In order to be eligible for Social Security Disability Insurance benefits, an individual must be unable to perform substantial gainful activity by reason of a physical or mental impairment which has lasted, or is expected to last, at least twelve consecutive months.
Please understand this does NOT mean it is necessary to wait the entire twelve month period to file a claim.
If you know that a physical or mental impairment is going to prevent you from working, and that inability to work is going to last for twelve consecutive months, then you can file on day one, after a week, or as soon as you know.
You should apply for Social Security Disability if:
- You have been seriously ill/injured and are not able to work for an extended period of time;
- You have an illness which is expected to end in death in less than 12 months;
- You are unable to work and are covered by private disability insurance, your insurance carrier may require that you apply for benefits; and
- You are totally disabled and are receiving Workers’ Compensation benefits.
By filing a claim and gaining approval for Social Security Disability benefits, you also protect your retirement benefits. For every year that you work you receive earnings credits. When you retire, these credits are averaged to determine your monthly retirement benefits. If you should, unfortunately, become disabled and unable to work, but Social Security has not been made aware of this disability, a zero or zeros will be added into your account for the year or years that you have been unable to work. As a result, you will have a lower earnings credit average when you retire and your retirement benefits may be substantially lower. When you receive Social Security Disability Insurance benefits, the period when you are disabled is excluded from the calculation of your retirement benefits (i.e., no zeros are added into the equation) and there is no lowering of your earnings credit average. Consequently, your retirement benefits will not be reduced as a result of your disability.
If you become eligible, some family members (children under 19 who have not finished high school; children 18 or over who become disabled before age 22; a spouse caring for a child under 16; as well as a spouse, or divorced spouse in certain instances, aged 62 or older), may also be eligible to receive separate payments to compensate for your inability to provide income. And, after you have received Social Security Disability Benefits for two years, you are eligible for Medicare coverage, regardless of your age.
It is important therefore, to file a claim for Social Security Disability benefits if you are unable to work for 12 months or longer. Rarely, however, does someone have their disability approved on their initial application.
If there is denial of the claim at the first step, the next step of appeal will be directly to an administrative law judge in Missouri. In Arkansas, there is another step called reconsideration, then if you are denied at the reconsideration level, you have to appeal that detail as well (this means you must appeal TWICE). It is very important to remember that you only have 60 days to appeal or request a reconsideration. YOU MUST TAKE ACTION!
Statistics do show, that individuals who seek the advice of an attorney before they apply for disability insurance benefits, are far more successful at obtaining all the benefits to which they are entitled.
However if you are over 50 you must not make a fatal mistake in the application process that can wreck you case. You should contact my office BEFORE you apply.
You can fill out a FREE evaluation form.
Free Social Security disability evaluation for Arkansas residents.
Think you may qualify for disability in Missouri or Arkansas? Would you like a free evaluation by an experienced Social Security Disability Lawyer to know your chances? Want answers on what you can do to benefit your family?
The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim. Many people may be worried that they do not have the money to pay for a Northwest Arkansas Social Security disability lawyer, but we only handle Social Security cases on a contingent fee basis.
In other words, there is no fee unless we are successful in getting you the benefits that you deserve. If you would like to speak to Jason Krebs simply call (417) 883-5886 or Toll Free 1 800 345-0535 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to ask for a reconsideration if you live in Arkansas.
Please note that filing out this form does not mean my office has accepted representation and no attorney client relationship is formed by submitting this form.
Also filing out this review form is not filing your appeal and this website in no way related to the Social Security Administration.
What can be learned from these patterns of denials? The most important concept to take away is that if you are a claimant, you will need to seek medical treatment. In my review of cases, no treatment equals no benefits. Another important lesson is that you have to collect the evidence if you want it considered. You cannot depend on Social Security to do it. Finally, you have to hang in there and expect to appeal. The system is not set up to look at your case objectively from the start. Chances are good that your claim will be denied at the initial and reconsideration stages through no fault of your own. If you do not appeal, you cannot collect benefits.