If you are unable to work because of a disability, how will you pay for medical expenses, living expenses, and long-term care? If you meet certain criteria, you may be eligible to qualify for Social Security Disability (SSD) benefits or Supplemental Security Income (SSI). Unfortunately, getting approved for SSD benefits isn’t always easy, even when you may be entitled to them. Hiring an Arkansas social security disability lawyer can drastically improve your chances of getting approved and receiving the money and benefits you need. From the initial application process to the hearings, your Social Security Disability attorney will be with you every step of the way.
The SSD benefits process is long and oftentimes complex. Hiring an experienced Social Security Disability attorney in Arkansas to represent you through this process is important because the vast majority of SSD claims are denied at the initial claim level. Most SSDI and SSI claims will need to go to a hearing before benefits will be received. Having an SSD attorney and law firm on your side can help you win your claim and begin collecting the benefits to which you are entitled. Your attorney will ensure that all medical evidence is presented clearly and that your case is properly developed prior to your hearing.
Our law firm knows what questions to ask your doctor and what medical tests the judge will likely need to see before making their determination. With so much at stake, it’s important to call the SSD attorneys at Rainwater, Holt & Sexton.
Social Security Disability Insurance (SSD or SSDI) and Supplemental Security Income are not the same and are actually two separate government programs. Social Security Disability Insurance is available to workers who have accumulated sufficient work credits in their lifetime. Supplemental Security Income is based on financial need and is available to those individuals who do not have sufficient work credits to qualify for SSD benefits. A Social Security Disability lawyer in Arkansas can help further explain the difference during an initial consultation.
When you apply for Social Security Disability benefits (SSD), you are required to prove to the Social Security Administration that your disability is serious enough to qualify. The Social Security Administration has established a five-step evaluation process for determining whether an individual is disabled. Our experienced Social Security Disability attorneys can help you navigate this process in Arkansas.
Social Security must first determine whether you are engaging in substantial gainful activity (SGA). If you are engaging in work activity that is both substantial and gainful, Social Security will not find you disabled, regardless of how severe your physical or mental impairments are. If you are not engaging in SGA, the evaluation proceeds to the second step.
At step two, Social Security must determine whether you have a “severe” medical impairment. A medical impairment is “severe” if it significantly limits your ability to perform basic work activities. A medical impairment that has no more than a minimal effect on your ability to work is “not severe”. If you are determined to have a “severe” impairment, the evaluation proceeds to the third step.
At step three, Social Security will determine whether your medical impairment is of a severity to meet the criteria of an impairment listed in 20 CFR Part 404. If your medical impairment is severe enough to meet the criteria of a listing, you will be determined disabled. If not, the evaluation proceeds to step four.
Step four requires Social Security to determine whether you have the functional capacity to perform the requirements of your past relevant work. If you have the functional capacity to do your past relevant work, you are not disabled. If you are unable to do any past relevant work (or do not have any past relevant work), the evaluation proceeds to the last step.
At step five, Social Security must determine whether you are able to do any other work considering your functional capacity, age, education and work experience. If you are able to do other work, you are not disabled. If you are unable to do other work, you will be found disabled.
As mentioned above in “step three”, there are a significant number of medical impairments that can qualify you for Social Security Disability benefits if it is determined that your medical impairment is of a severity to meet the criteria of an impairment as listed in 20 CFR Part 404. This list of medical impairments is often referred to as the “Blue Book.” Social Security will review all of your medical records to determine if your medical impairments “meet a listing.” Some of the more common medical impairments found in the “Blue Book” are listed below:
Medical evidence needed to prove your disability may include, but is not limited to:
If your SSD claim in Arkansas is denied, it is important that you speak to an experienced Social Security Disability attorney at a trustworthy law firm. At Rainwater, Holt & Sexton, our attorneys know how difficult and lengthy the appeals process can be. In order to build the best case, you need to understand why your SSD claim may have been denied.
Some of the most common reasons for denial include:
You may not be working as much as you would like, but if you are making more than the substantial gainful activity (SGA) limit, you will be denied benefits. Part-time work is sometimes allowed, but if you are making $1,690.00 per month (the SGA limit in 2026 for non-blind individuals), you will be denied.
If it is determined that your medical impairments are not severe enough or expected to improve within twelve (12) months, your claim will be denied. Your attorney can review your medical evidence to determine if additional medical testing or medical treatment is necessary to support your claim.
If you are being treated by a doctor, but you fail to follow the prescribed therapy to improve your medical impairment, then you could be denied SSD benefits. There are some acceptable medical excuses the SSA will allow, such as mental illness or physical limitations. Financial hardships and religious beliefs may also be acceptable excuses.
If your alcoholism or drug addiction is a contributing factor to your disability and inability to work, then you may be denied SSD benefits.
There are numerous factors that may affect your SSD benefits and the amount you would receive. Our Social Security Disability lawyers know the ins and outs of these variables in Arkansas. Some of those factors include:
If you were receiving SSI benefits as a child, turning 18 could put those benefits in jeopardy. Your impairments will be reevaluated as an adult before being able to collect SSI as an adult.
Once you reach retirement, your SSD benefits will be transferred to the retirement benefits program.
If the medical condition for which you were receiving disability benefits improves, you may lose your ability to collect SSD.
If you return to work while you are receiving SSD, then you could raise your SGA and no longer be eligible for SSD.
If you remarry or get married while receiving SSI benefits, your spouse’s income could change the level of your payments.
If you have been convicted of a crime, you may lose your ability to collect SSI or SSDI.
If your child is disabled, they will be eligible to receive Supplemental Security Income until they are 18 years old. To become eligible for SSI, you must clearly establish your child’s impairment results in severe and functional limitations and can be expected to last for at least 12 months. The Social Security Administration has a separate “Blue Book” of impairments and conditions that would qualify for benefits. Once your child turns 18, their impairments will be evaluated based on the definition of disability for adults. Contact our attorneys in Arkansas to discuss Supplemental Security Income benefits for your child.
Since the application and approval process for SSD benefits can take a long time, you will likely be relieved when you qualify for benefits. Once you are qualified for SSD benefits, you will be paid in monthly installments. For SSDI benefits, the amount you receive is based on your average lifetime earnings before you were disabled, not on how much income you have or your disability. SSI benefits are capped at no more than $994.00 per month, but can be further reduced depending on your financial situation. The social security disability attorneys at Rainwater, Holt & Sexton in Arkansas can help you understand the entire process.
Contact us to discuss your case.
If you need to apply for social security disability, it is important to speak with an experienced Arkansas Social Security Disability lawyer immediately. We can help you file the disability claims you need and prevent mistakes from occurring that could jeopardize your claim.
With offices throughout Arkansas – Little Rock, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro—our SSDI lawyers are easily accessible from the moment you need us. Fill out a free contact request form, which only takes a minute, or simply dial (501) 868-2500 and tell us your story.
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