Guiding Clients Like You Through Social Security Disability Claims
I have handled thousands of disability claims and have been practicing law for more than 25 years. Disability law was a practice that I learned as a law clerk… and from day one as an attorney, I have spent 60-70% of my time practicing disability.
Disability law is very complex – the regulations, rules, and case law are not for the faint of heart. This is not an area of law to just dip your toes in. You must be completely committed to it. Why? Because there is an extensive amount of law that you must learn to be able to navigate through this very complex and lengthy process.
There are a lot of misconceptions that you can just apply for disability and have an easy way to take care of your family. However, the reality is it’s just the opposite of that.
Unfortunately, you should understand that getting approved for social security disability benefits is not an easy process. It’s difficult to be approved for social security disability – and you need to be able to show that you have a severe physical or mental impairment to prevail.
Fortunately, I have dedicated my life to helping people just like you find access to the resources they need to live the happiest and healthiest lives available to them.
Social Security Disability And The Different Types Of Benefits
There are two main “arms” of social security disability: Title II and Title XVI. Below, you can find the most important things you need to know about each of these programs, and what differentiates them from one another:
- For low-income individuals
- Offers supplemental security income (SSI)
- Usually provides a lower monthly benefit than Title II
- Has eligibility through a “means test” – so you must qualify based on your assets and income
- Requires you (or your employer) to pay FICA taxes so that you become “vested” in the system
- Your monthly benefit is based on the taxes that you have paid into the system
- Does not require you to qualify through a “means test”
Sometimes, people can qualify for both Title II and Title XVI – this is called a “concurrent claim”. Situations that could trigger a concurrent claim may include:
- You have a history of a lot of part-time work
- Your assets and income qualify under the Title XVI means test
- You have paid into the Title II system, but you have not paid enough to qualify for Title II benefits
The Injuries & Illnesses That Are Covered Under Social Security Disability
To be covered under social security disability benefits, you must have a physical or mental impairment that has lasted (or is expected to last) for a continuous period of 12 months.
Alternatively, you can surpass the “12-month” rule if your disease or illness is terminal. However, unless an impairment is terminal, that impairment must have lasted or be expected to last for a continuous period of 12 months to qualify for benefit coverage.
One of the big issues that people struggle with is how to pay their bills if they can’t work while they file for disability, so you should know… There is a 12-month durational requirement, but that doesn’t mean you have to be out of work for 12 months before you can apply.
When applying, you only have to be able to show that you have a physical or mental impairment, (or a combination of both) that has kept you out of work for 12 months or is expected to keep you out of work for 12 months.
For more information on Social Security Disability Law In Arkansas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 253-2226 today.