The process of applying for Social Security Disability (SSD) benefits in Arkansas often lives up to its reputation as being extremely difficult. You are dealing with a government agency that makes things hard on applicants despite their tough circumstances. You must be aware of the fact that the majority of these initial applications are denied. Still, it is possible to have your initial claim for SSD benefits approved if your application package is thorough. Here is what you need to know about the SSD claims application process.
Preparing Your Initial Application
You begin the application process by compiling the data that you need to show that you meet the requirements. Specifically, you must prove the following:
- You have enough recent work credits that resulted in you paying sufficient taxes to qualify for benefits.
- You generally need a total of 40 work credits in your lifetime, with 20 of those earned recently.
- Your condition prevents you from doing the job that you did, or any substantial work, and it is expected to persist for at least 12 months.
You must have all of this proof available to you at the time that you submit the initial application because that is what the Social Security Administration (SSA) will use to determine your eligibility for benefits. Your application must be complete, correct, and sufficient to show that you are able to meet the requirements. Seeing a doctor, sticking with your treatment, and obtaining medical records can help your case.
Your Application Will Be Subject to an Intensive Review
Once you have filed your application with the SSA, it will be sent to a state agency that will give it intensive scrutiny. The agency will review your medical records and the test results that you have provided to determine whether you meet the definition of “disabled” based on the SSA’s published “Blue Book.”
You may be called in to undergo a consultative examination with an independent doctor. This will happen if the agency has more questions about your application or if they need additional information. You must attend this examination because failure to show up will result in the denial of your application.
The Decision on Your Initial Claim
The decision on your initial application does not happen overnight. It typically takes between three and eight months for the SSA to determine whether to grant or deny your benefits. You should not be shocked if the initial decision results in a denial. The SSA is known to take a hard line on initial applications, often denying as many as two-thirds of them.
The SSA does not get the final word on your application. You have the right to appeal an adverse decision. You begin the appeals process by filing a “Request for Reconsideration” with the SSA. Again, you should not be surprised if the SSA does not reverse the initial decision it reached.
You have the best chance of success in the appeals process when you file an appeal to an Administrative Law Judge (ALJ). This is the stage in the appeals process where applicants have the most success. The ALJ will consider your initial application package, along with any other evidence you submit, to determine whether the agency made a mistake. They may conduct an in-person hearing, where your lawyer can present testimony and evidence for their consideration. If you do not succeed at this step, you can take your case to federal court.
Applying for SSD Benefits Is Confusing and Difficult. Let a Knowledgeable Arkansas SSD Lawyer at Osborne Law Firm Guide You Through the Process
An Arkansas SSD lawyer at Osborne Law Firm can help you navigate what is known to be a difficult process. Whether it is compiling your initial application or appealing when it has been denied, we can help you every step of the way. To schedule a free consultation, contact us online or call today at 479-521-7727. Located in Fayetteville, Arkansas, we gladly serve clients in the surrounding areas.