HOW DOES SOCIAL SECURITY DEFINE DISABILITY?
Arkansas Lawyers Understand How SSD Defines an Injury
Stringent laws result in a complex claims process
Social Security is a federal program, so the Social Security Disability laws that apply in Arkansas are the same as those that apply in the other 49 states. The Social Security Administration (SSA) administers those laws, and it has an extremely stringent standard — you can collect benefits only if you are totally disabled. The SSA offers no benefits for partial or short-term disability. Whether you meet the criteria for total disability is based on your inability to work. The Social Security Administration considers you disabled only if you meet all three of these conditions:
- You cannot do the work you did before your injury or illness.
- You cannot adjust to another type of work because of your medical condition.
- Your disability has lasted or is expected to last for at least one year or to result in your death.
Extensive experience with Social Security Disability law
Step-by-step qualification process
The SSA uses these five questions to determine whether you qualify for SSD benefits:
- Are you working? If your income averages more than $1,040 per month ($1,740 if you are blind), you generally cannot be considered disabled.
- Is your condition severe? Your condition must interfere with basic work-related activities for your claim to be considered.
- Is your condition included in the list of disabling conditions? If your condition is not on the SSA’s List of Impairments, you must convince the SSA that your condition is as severe as a disorder that is on the list.
- Can you do the work you did previously? If so, the SSA will deny your claim even if your disability is severe.
- Can you do any other type of work? If you cannot do the work you did in the past, the SSA determines whether you are able to adjust to other work. The agency considers your medical condition, age, education, work experience, and whether you have transferable skills.
Help with Social Security Disability law
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Martin Law Firm is located in Fayetteville, Arkansas and serves clients in and around Springdale, West Fork, Fayetteville, Greenland, Farmington, Prairie Grove, Lincoln and Washington County.
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