How to Appeal & Win a Denied Social Security Disability Claim in Arkansas
Did you know that the Social Security Administration only approves 36 percent of initial disability applications? The second level of review after an initial denial only has an approval rating of 14 percent. While these statistics seem dismal, applicants who keep appealing these denials are more likely to obtain approval. During the third level of appeal before an administrative law judge, 62 percent of previously denied applications are approved.
What does this mean for you and your SSDI claim? This means that disabled Americans often have to fight aggressively to have their claims approved.
If you received an SSDI claim denial, you might feel like the situation is hopeless. You may even begin to question if your disability is serious enough to obtain benefits. Unfortunately, the Social Security disability claims process is difficult and complex. It requires the services of an experienced and skilled Arkansas SSDI attorney.
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Reasons Your SSDI Benefits Claim Might Be Denied
There are many reasons why the SSA might deny your initial SSDI claim. Some of those reasons are technical mistakes and others are related to your specific medical disability.
Some of the reasons your initial SSDI benefits claim might be denied include:
For 2021, this is $1,310 per month or $2,190 per month for a blind applicant.
If you have not worked five of the ten years prior to the onset of disability, you may not qualify.
Unfortunately, previous SSDI denials can make it difficult to obtain disability benefits when re-applying.
To receive disability benefits, you must be disabled for a continuous period of 12 months.
This is one of the most common reasons for the denial. You must show that you are unable to work due to your disability.
Waiting too long to apply for benefits could reduce your chances of receiving approval.
If you failed to follow all prescribed medical treatment, the SSA will likely deny your claim. They will claim that your worsening condition was related to failure to follow medical advice and not from the actual medical condition.
If your medical condition is not severe enough to qualify you for SSDI benefits, the SSA will deny your claim.
As you can see, there are many reasons the SSA may initially deny your claim. While this might seem discouraging, it just means you have to fight harder and build a stronger case.
However, you don’t have to do this alone.
You need an experienced Arkansas SSDI lawyer on your side to help you through the appeals process. Your attorney will be able to strengthen your case and gather the evidence needed to win approval.
Gather Evidence and Medical Source Statements
If you fail to convince the SSA that your impairment is severe enough to warrant benefits, you will likely get a denial. This is one of the main reasons the SSA denies disability claims. During the appeals process, you and your Arkansas SSDI benefits attorney have a chance to gather more evidence to prove your claim.
Medical evidence is extremely important because it gives you a chance to show the SSA how your disability truly affects your entire life and your ability to work.
Some of the best evidence you can provide are medical source statements from your doctors and medical team. These statements provide an opportunity for your doctors to connect your symptoms and impairments to your ability to perform daily activities. This is invaluable to show because it puts your diagnostic test results in context for the SSA.
Other types of medical evidence could include:
- Residual functional capacity forms
- Medical testimony
- Reports and testing
- Changes in your medical condition
Since most claims are denied because of a failure to demonstrate the severity of your medical condition, it is often necessary to start over when compiling the right evidence. Our Arkansas disability lawyers can work to gather new and extensive medical evidence and documentation for your claim.
Contact us to discuss your case.
File a Request for Reconsideration
When you retain our services, our Arkansas SSDI benefits attorneys will immediately go to work for you. This means we will examine your case and the reasons for the denial. We will speak with your medical team and gather the necessary medical evidence. Once we do this, we must file a request for reconsideration. This request needs to be filed within 60 days of your denial, so there is little time to waste.
When you file for reconsideration, you are telling the SSA that you would like them to review your case. This is the time to provide the SSA with more evidence so that your application has a better chance of being approved.
Request a Hearing in Front of an Administrative Law Judge
After you request a reconsideration, the SSA will issue their judgment. If you are unhappy with their decision, you can go further in the appeals process. The next step for you and your attorney is to request a hearing in front of an administrative law judge. This hearing will be done somewhere within 75 miles of your home.
During this hearing, your lawyers will present further evidence, have medical experts testify on your behalf, and call witnesses that could benefit your case. Once your attorney has presented the evidence and made your case, the Administrative Law Judge will decide whether to uphold the SSA’s original decision or grant you benefits.
Ask for an Appeals Council Review
If you are still unhappy with the decision, you and your SSDI attorney can request a review by the Appeals Council. You must make this request within 60 days of your last appeal, or you may not be able to move forward in the appeals process. You can present new evidence during this appeal. However, any new evidence must be new material.
If the Appeals Council does decide to review your claim, one of three things may occur:
- Benefits denied by upholding ALJ’s decision
- Disability benefits granted
- Remand your case back to the ALJ for further review
Seek a Federal Court Review
What happens if you disagree with the Appeals Council’s decision? If the Appeals Council does not review your case or if you disagree with their decision to deny disability benefits, you can take one final step in the appeals process. You can file a suit in federal district court. This action is filed in the district court for the judicial district you live in. If you choose this route, you must file this civil action within 60 days of the Appeals Council’s decision.
Personal Injury Legal Resources
Arkansas Motorcycle Laws
Arkansas is home to more than 76,000 bikers. Bikers here enjoy beautiful winding scenic rides during a large portion of the year. From the Arkansas Pig Trail to the Melbourne Run, there is no shortage of fun motorcycle rides in the “Natural State.” As a motorcyclist here in Arkansas, it is important to follow the rules of the road, as well as all applicable motorcycle laws. Motorcycle laws can prevent you from suffering serious injury and harm if you are involved in an accident. Understanding and following Arkansas’ motorcycle laws is an important part of staying safe out on the open road. Adhering to the rules and laws of the road can also go a long way when seeking compensation in a potential personal injury lawsuit. Motorcyclists face an uphill battle when collecting damages because they have to overcome many unfair biases. Insurance companies may try to pin some of the blame on the rider or the other drivers may claim the motorcyclist was riding recklessly. Following the rules and laws of the state can help ensure that you are able to get the money you need to move forward in life after a serious motorcycle accident.
Common Injuries Burns
Common Injuries from Car, Motorcycle, Truck and Equipment Accidents Every year, more than 1.1 million people in the United States seek medical attention because of a burn injury. Many result from car, truck, motorcycle, and equipment accidents. Some of these burns are serious enough to cause significant disfigurement, impairment, and even death. In 2016, more than 40,000 patients who suffered a burn injury needed to be hospitalized due to their injury. Even worse, 75 percent resulted in patients seeking treatment at a burn center. Burn injuries are some of the most painful and life-changing injuries an accident victim can suffer. Injury victims may need years of extensive rehabilitation and plastic surgeries. Sadly, even with extensive treatment, many burn injury victims will not recover fully from their injuries. This can result in a lifetime of pain, suffering, and emotional distress. Due to the traumatic nature of these injuries, burn injury victims need a trusted Arkansas personal injury lawyer in their corner from the very start. Your burn injury lawyer will need to fight aggressively for your future and your right to full and complete compensation.
Common Causes of Guardrail Accidents
You probably pass guardrails every day and never give them a second thought. However, guardrails are an important safety feature on the highway. Their primary purpose is to provide a layer of protection for motorists who have drifted off of the road. When a stretch of road has a steep embankment or a drop-off, a guardrail can be the only thing protecting drivers and passengers. They’re also great at keeping motorists from running into trees, or other structures, such as bridge piers or retaining walls. Unfortunately, while guardrails are intended to protect car occupants from serious injury, they can actually become the cause of it. In fact, guardrails are often ranked as the highest source of injury and fatality collisions in fixed-object crashes. The reason for many of these injuries and fatalities is the type of treatment used at the end of the guardrail facing oncoming traffic. Some end terminals have energy absorbing properties, however, some do not.
Common Causes: Drowsy Driving Car Accidents
According to the CDC, more than a third of all adults do not get the recommended sleep they need to function properly. The results can be catastrophic when adults don’t get the recommended hours of sleep. Drowsy driving is one of the main causes of car accidents across the United States, accounting for at least 20% of all fatal crashes every single year. Even missing an hour of sleep can double your risk of getting into a crash. According to the AAA Foundation for Traffic Safety, missing two or three hours of sleep increases the risk of crashing by 400%. When a drowsy driver injures you or someone you love, you need a law firm on your side with experience handling these cases. You need Rainwater, Holt & Sexton. Our Arkansas drowsy driving accident attorneys have decades of experience building - and winning - cases against drowsy drivers. Call us today to schedule a free consultation and to learn more about your legal options.
What to Do After a Rental Car Accident
You're driving along the beautiful roads of Arkansas, having a fantastic vacation. Then, out of the blue, something unexpected happens—a car accident. Suddenly, all the fun and joy vanish, leaving you overwhelmed and unsure about what to do next. Dealing with a rental car accident can be tough and confusing. Immediately after the accident, you’ll need to check that you and your passengers are safe, then document the scene and prepare to report the accident. If navigating the aftermath of a rental car accident in Arkansas sounds overwhelming, don’t worry — our Rainwater, Holt & Sexton team is here to help. We’ll walk you through the steps you should take before and after a rental car accident. Plus, we’ll help you preserve your right to compensation after an accident so that you can fully recover emotionally and financially. We have experience handling rental car accident cases across the state and strive to make it easy on you so you can focus on your recovery. We’re here to face this challenge alongside you.
Common Injuries: Whiplash
Auto, Truck, Equipment, and Workers' Comp Accidents in Little Rock and Beyond The forces of an accident can be severe and can damage the delicate muscles, ligaments, and tendons in the neck. The same can occur with trauma from a slip and fall, equipment accident, nursing home abuse, or assault. Due to the nature of these injuries, the full extent of damage is not always fully apparent right after a crash or other accident. However, in the hours and days following the accident, victims may begin to experience pain, stiffness, and numbness in their neck and extremities. Whether you feel all the effects of whiplash right away or start to experience them later, it is important to seek medical help immediately and then speak with an experienced personal injury lawyer as soon as possible.
Common Causes : Speeding
If you are involved in an accident caused by a speeding driver in Arkansas, it can be difficult to get the compensation you need to recover from your injuries and other damages. Insurance companies will often try to blame the victim for their own injuries, even if they are not at fault. Car accidents are one of the leading causes of injury and death in the United States and Arkansas. Unfortunately, excessive speeding can be a significant factor in many of these accidents. Studies have found that speeding is involved in about 30% of all fatal crashes. Sadly, many accidents would not occur if drivers followed the speed limit. If you were speeding at the time of an accident, it may complicate your ability to collect the compensation you deserve. Insurance companies will look to pin more blame on you if you were speeding, even if you did not cause the accident. That's where an experienced Arkansas car accident attorney comes in. A knowledgeable lawyer at Rainwater, Holt & Sexton can help you navigate the legal process after a car accident, fight for the compensation you deserve, and help you understand your rights and options to make the best decision for your future. If you or a loved one have been injured in a car accident caused by someone else's speeding, don't wait to get help. Call us at [rainwater_tel] to discuss your case and learn more about your legal options.
Common Causes : Animal Collisions
Common Causes of Auto and Truck Accidents From the Ozark Mountains to the delta Arkansas is full of natural beauty. That’s why it is known as the “natural state.” However, this natural beauty comes with a price, and Arkansas drivers know all too well the perils of driving on rural roads in the state. After all, Arkansas is home to numerous wildlife, including white-tailed deer, coyotes, wild hogs, skunks, possums, and even black bears. Many of Arkansas’s most traveled roads cut through some of their natural habitats. As a result, drivers have an increased chance of encountering a variety of wildlife on the roads. In addition to wildlife, there are also numerous livestock farms and ranches across the state, further increasing your chance of getting into a collision with an animal. Hitting an animal on the road can cause severe damage to your vehicle and can even cause you to crash into another vehicle. If you’ve been injured in an animal collision in Arkansas, you may believe that there is nothing you can do. However, this may not be the case. At Rainwater, Holt & Sexton, our animal collision lawyers know how to handle these complex and unique cases. Call us at [rainwater_tel] to learn how we can help you during this difficult time.
Hailstorm, Tornado or Storm Damage Claims Lawyers
Filing a Hail, Tornado, or Storm Damage Claim You’ve just gone through a severe natural disaster in Arkansas and seen your home ruined by a tornado. Yet, you’ve faithfully paid your insurance premiums for years, believing that your insurance company would be your safety net during times of crisis. But when you submitted your claim for the extensive damage incurred, the insurance company rejected your claim. How can they do that? Most insurance companies step up and do the right thing when you’ve been through as disaster, but unfortunately, this story is not unique. Numerous policyholders face the harsh reality of insurance companies who refuse to handle storm damage claims promptly or ethically. When homeowners need them most, these insurers turn their backs and make the road even more difficult for families. Denied claims, lengthy delays, and inadequate compensation have become hauntingly familiar, leaving Arkansas homeowners stranded and their dreams shattered. Storms, hail, tornadoes, and severe weather events can wreak havoc on our homes and properties. Insurance policies are designed to provide financial protection in these situations. When insurance companies deny, delay, or underpay your storm damage claims, where can you turn for help? At Rainwater, Holt & Sexton, our storm damage attorneys are here to help you rebuild your life after a tornado, hail, or severe weather event. We know that some insurance companies don’t play fair. When they do, we fight back and stand up for homeowners throughout Arkansas and Tennessee. Contact us at [rainwater_tel] to learn how we can help you.
Social Security Disability
Understanding Social Security Disability Benefits 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 Social Security Income (SSI). Unfortunately, getting approved for SSD benefits isn’t always easy, even when you may be entitled to them. Hiring an SSD attorney in Little Rock 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.
SSI vs. SSDI: What Are They & How Are They Different
SSI vs. SSDI: What Are They & How Are They Different Several federal benefits programs offer supplemental income support for individuals living with disabilities. The two most common programs are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Both are administered by the Social Security Administration. While similar, these programs differ in very distinct ways. The difference between SSI and SSDI is confusing for many of our social security disability clients. Fortunately, we can help clear up this confusion and answer all your questions about SSI vs. SSDI and how you qualify for each. At Rainwater, Holt & Sexton, we have SSDI attorneys to lead you through the qualifying process. Our law firm has what it takes to help you file a successful disability claim and collect the benefits you deserve. Even if you already received an SSI or SSDI claim denial, we can help you through the appeals process. Contact Us For A Free Case Evaluation
Can You Collect Both Social Security Disability and Unemployment in Arkansas
Can You Collect Both Social Security Disability and Unemployment in Arkansas Social Security disability benefits and Unemployment benefits traditionally serve different groups of people: those who can work but can’t find a job, versus those who are unable to work. As such, while it is unusual for individuals to qualify for both, it is not impossible. Individuals who collect some disability because they are able to work but only in a limited capacity, can also find themselves suddenly out of a job. In this situation, they may qualify to collect both Social Security Disability benefits, as well as Unemployment benefits. GET FREE CONSULT NOW
Will My Personal Injury Case Settle or Go To Trial?
When you suffer an injury in an accident, you may need to file a personal injury claim or lawsuit to obtain the compensation you need. With the right personal injury lawyer on your team, you can typically get significantly more money for your accident and injuries. Your lawyer will work to negotiate the best possible... Read more »
Can I Collect Social Security Retirement and Disability Benefits at the Same Time?
Can I Collect Social Security Retirement and Disability Benefits at the Same Time? When you suffer a disabling injury or illness, you want to collect all the benefits and funds you are entitled to. After all, your life will never be the same, and you need to secure your future as best you can. Disabled individuals who are nearing retirement age may want to know if they can collect both Social Security disability insurance benefits (SSDI) and Social Security retirement benefits at the same time. While this may seem like an easy question to answer, the truth is that there are many variables that can affect your ability to collect benefits after a disability. Because of these variables and factors, it is important to consult with an experienced Arkansas SSDI lawyer immediately. Your attorney will be able to review the details surrounding your case to help you collect all the benefits you deserve. GET FREE CONSULT NOW
When Should I Hire a Social Security Disability Lawyer in Arkansas?
When Should I Hire a Social Security Disability Lawyer in Arkansas? When you suffer from a disabling injury or illness, you may be entitled to collect Social Security Disability Insurance (SSDI) benefits. However, collecting these benefits isn’t easy and the Social Security Administration denies the vast majority of first-time applicants. If you received a SSDI claim denial, you may still be eligible to collect benefits. Establishing your disability and your rights to benefits is difficult without the help of an experienced Arkansas SSDI lawyer. Your Social Security lawyer can help you during the application and appeals process and ensure that you receive all the benefits you deserve. GET FREE CONSULT NOW Benefits | When to Hire | Cost of Hiring | Questions to Ask
Your Guide to Worker’s Comp & Social Security Disability in Arkansas
What’s the Difference Between Workers’ Compensation and SSDI? When you suffer a serious, life-changing injury at work, you may find yourself considering both workers’ compensation and Social Security Disability Insurance (SSDI). When your injury results in permanent disability, you need to be able to collect the benefits you are entitled to. But should you collect workers’ compensation or SSDI benefits? The answer to that depends on your injury and your degree of disability. It also depends on whether you can obtain approval for SSDI benefits. In some cases, you may be able to collect both. Unfortunately, collecting the benefits you need after a serious and disabling injury is not easy. That is why so many injured Arkansas workers turn to Rainwater, Holt & Sexton to help them after suffering a significant work-related injury. Our Arkansas SSDI lawyers can help you through the process of getting both worker’s compensation benefits and SSDI benefits if you qualify. We can also represent you through the appeals process to ensure that you get the money you need to move forward in life after suffering a disability. Call us today to start reviewing all your legal options. GET FREE CONSULT NOW
Medical Conditions Qualify for Disability
What Medical Conditions Qualify for Disability If you live with a disability that prevents you from working, you could be eligible for Social Security disability benefits. In Arkansas, that means filing a Social Security Disability claim. Unfortunately, this process is not always easy and very rarely straightforward. In fact, close to 70 percent of all applications are denied. This means the majority of claimants will need to appeal for reconsideration and attend a hearing held by a federal administrative judge. For these reasons, it is important to adequately establish that you have a disabling condition that has lasted or will last a full year and has prevented you from engaging in substantial work activity. To do this, you must check your disability against Social Security Disability’s List of Impairments. This is also known as the “Blue Book.” Disability examiners use this book as a guide to determine if an individual’s disability qualifies them for benefits. In some cases, you may even be able to have your case fast-tracked if your condition qualifies under the Compassionate Allowances program. This program identifies cases and conditions that are clearly approved and helps their case move quickly, so claimants get the benefits they need. What happens if your disability is not in the book? There are still ways to get approved for SSDI benefits even if your disability is not listed. Your attorney can make a case to show that your impairment is equal to one that is listed in the book. That is why it is crucial to discuss your case with an experienced Arkansas SSDI lawyer immediately. Your lawyer can help you build a case to collect the benefits you need. GET FREE CONSULT NOW
Why Your SSD Application Was Denied
Social Security Disability (SSD) benefits do more than pay the bills after a debilitating illness or injury. They provide disabled folks in Arkansas a life. Without SSD benefits, many families would fall well below the poverty line with no way to pull themselves back out. If you’ve recently applied for SSD benefits, we know... Read more »
The Reason You Were Denied Social Security Disability Benefits
If you’ve never gone through the process, it may be news to you that not every disabled American qualifies for Social Security Disability. In fact, nearly two-thirds of all initial applications are denied. That’s thousands of people every year turning to the government as a last resort and having a door slammed in their face. If you’ve... Read more »
Common Problems With Medical Records in Disability Cases
The Social Security Administration (SSA) requires you to prove, primarily through medical records, that you are disabled. This sounds simple enough at first glance, but have you ever actually seen your medical records? Odds are, your medical records contain many, if not all, of the common problems we see in disability cases. The good news... Read more »
Can Certain Medical Conditions Get You Approved for Disability Automatically?
Unfortunately, there are no guarantees or automatic wins in disability. However, there are a few medical conditions that are more likely to win than others. Those are more likely to win earlier in the review process, but there are still certain financial or legal requirements that must be met before someone gets approved. Compassionate Allowances... Read more »
What are the eligibility requirements for the two types of Social Security disability?
Each type of Social Security disability, SSI and SSDI, have different eligibility requirements. The different requirements can be confusing to many people in need of Social Security disability, which is why it may be important to work with an attorney. At Rainwater, Holt & Sexton we have a team of attorneys who understand the differences... Read more »
How to Win a Social Security Disability Appeal
If you’ve been disabled and are unable to work, the most logical thing for you to do is apply for Social Security Disability (SSD) benefits. After all, you’ve paid your entire career into the system. That’s thousands of dollars out of your paycheck that went to helping others in your same situation. It makes sense... Read more »
How much household income can I have and still be able to file for Social Security benefits?
In Social Security Disability there is a difference between household income and your own income, and both affect your access to disability benefits in different ways. Let’s first address household income. Your household income can affect your eligibility for SSI. To be eligible for SSI (Supplemental Security Income) your income cannot exceed a certain... Read more »