Social Security Benefits Lawyers & SSDI Guide - Arkansas, AR

Introduction: SSDI Denials in Arkansas—Why a Local Perspective Matters

More than 100,000 Arkansans rely on the Social Security Disability Insurance (SSDI) program for essential income support when injury or illness prevents them from working. Yet the Social Security Administration (SSA) denies a significant percentage of initial SSDI applications filed in Arkansas every year. If you recently received a denial letter—formally called a Notice of Disapproved Claim—do not panic. You still have multiple levels of appeal and important rights under federal law. This guide explains each step of the SSDI denial appeal process, cites controlling federal regulations, and highlights Arkansas-specific resources so you can pursue the monthly benefits you earned through years of payroll contributions.

Because every disability case is unique, the material below is strictly informational. For personalized advice, speak with a licensed Arkansas disability attorney. Deadline alert: you generally have only 60 days from the date you receive your denial letter to begin an appeal, so act quickly.

Understanding Your SSDI Rights Under Federal Law

The Legal Foundation of SSDI

SSDI is authorized by Title II of the Social Security Act. When Congress enacted the program, it guaranteed workers an insurance-style safety net funded through Federal Insurance Contributions Act (FICA) taxes. In exchange for those contributions, qualifying workers have a statutory right to monthly disability payments if they meet the SSA’s definition of disability under 20 C.F.R. §404.1505 and have sufficient quarters of coverage (work credits) under 42 U.S.C. §423(c).

Your Due-Process Rights After a Denial

Section 205(b) of the Social Security Act and 20 C.F.R. §404.900 guarantee every claimant the right to:

• Receive written notice explaining the reasons for any unfavorable determination;

• Review and copy the evidence in the claims file;

• Submit new medical or vocational evidence;

• Request a reconsideration, a hearing before an Administrative Law Judge (ALJ), review by the Appeals Council, and—if necessary—file suit in federal court.

Common Reasons the SSA Denies SSDI Claims

Medical Reasons

• Insufficient medical documentation. The SSA may find that your treating physicians failed to supply objective test results, imaging, or progress notes establishing functional limitations.

• Duration requirement. Under 20 C.F.R. §404.1509, your impairment must have lasted—or be expected to last—at least 12 consecutive months or result in death.

• Non-severe impairment finding. Examiners often conclude that a condition causes only minimal work limitations, leading to denial at Step Two of the five-step sequential evaluation.

Technical or Non-Medical Reasons

• Insufficient work credits. Many applicants mistakenly apply for SSDI when they qualify only for Supplemental Security Income (SSI).

• Substantial gainful activity (SGA). Earning more than the monthly SGA limit (e.g., $1,470 for non-blind claimants in 2023) at any time after your alleged onset date can trigger an automatic denial.

• Failure to cooperate. Not completing SSA forms, missing Consultative Exams, or ignoring information requests can lead to a “failure to prosecute” denial.

Key Federal Regulations & Court Precedent Protecting Claimants

Critical Regulations

• 20 C.F.R. §404.1520 – The five-step sequential evaluation process every examiner and ALJ must follow.

• 20 C.F.R. §404.1513 – Defines acceptable medical sources and the evidence required.

• 20 C.F.R. §404.1740 – Sets standards for representative (attorney or non-attorney) conduct.

Influential Federal Court Decisions

Although Arkansas falls under the jurisdiction of the Eighth U.S. Circuit Court of Appeals, SSA rulings must follow Supreme Court precedent and controlling circuit decisions. Notable cases include:

• Whitman v. Colvin, 762 F.3d 701 (8th Cir. 2014) – Clarified how ALJs must weigh treating-source opinions.

• Reed v. Barnhart, 399 F.3d 917 (8th Cir. 2005) – Held that subjective pain complaints cannot be dismissed without explicit, well-supported findings.

Steps to Take After an SSDI Denial

1. Reconsideration (File SSA-561)

You have 60 days to request the first appeal level by submitting Form SSA-561. A different claims examiner in SSA’s Disability Determination Services (DDS) office in Little Rock will review your file. According to SSA data, roughly 13%–15% of Arkansas reconsiderations succeed, making it vital to add new medical evidence from providers such as University of Arkansas for Medical Sciences (UAMS) or Baptist Health.

2. Administrative Law Judge Hearing

If reconsideration fails, file Form HA-501 to request an ALJ hearing. Arkansas claimants typically appear—either in person or by video—in the Little Rock Office of Hearings Operations at 700 W Capitol Ave, Suite 2600, Little Rock, AR 72201. The ALJ will question you and one or more vocational experts (VEs). Submitting a detailed pre-hearing brief that aligns medical findings with the Listing of Impairments can substantially improve your odds.

3. Appeals Council Review

The Appeals Council in Falls Church, Virginia, reviews an estimated 20%–25% of petitions. You must show the ALJ either misapplied law, lacked substantial evidence, or new material evidence exists. Use Form HA-520 and include any new records.

4. Federal District Court

Your final administrative remedy is a civil action in the U.S. District Court for the Eastern or Western District of Arkansas. You must file within 60 days of the Appeals Council denial. While you are not required to hire counsel, federal procedure and briefing standards make attorney representation highly advisable.

When to Seek an Arkansas Disability Attorney

An experienced Arkansas disability attorney understands local vocational trends—for example, the prevalence of physically demanding agriculture and manufacturing jobs in counties like Jefferson, Sebastian, and Pulaski. Legal counsel can:

• Obtain persuasive medical source statements that comply with 20 C.F.R. §404.1513(a);

• Cross-examine vocational experts on job numbers and transferable skills;

• Develop on-the-record (OTR) requests to secure benefits without a hearing;

• Calculate retroactive past-due benefits and contest overpayment allegations.

Under 20 C.F.R. §404.1720(b)(1), attorney fees are capped at 25% of your past-due benefits or $7,200 (whichever is less) unless approved by a federal judge. Arkansas lawyers must hold an active license issued by the Arkansas Supreme Court’s Office of Professional Conduct and comply with the Arkansas Rules of Professional Conduct.

Local Resources & Next Steps for Arkansas Claimants

Key SSA Field Offices

• Little Rock SSA – 700 W Capitol St., Federal Bldg., Little Rock, AR 72201; Phone: 1-866-593-0933.

• Fayetteville SSA – 2153 E Joyce Blvd., Fayetteville, AR 72703; Phone: 1-866-964-2041.

• Fort Smith SSA – 6801 Phoenix Ave., Fort Smith, AR 72903; Phone: 1-866-964-7382.

Medical Providers Familiar With SSA Standards

• University of Arkansas for Medical Sciences (UAMS) – Comprehensive records portal and specialists in neurology, orthopedics, and psychiatry.

• Baptist Health System – Locations in Little Rock and Conway routinely provide residual functional capacity (RFC) forms.

• Arkansas Children’s Hospital – Critical for child disability cases under 20 C.F.R. Part 404, Subpart P, Appendix 1 Part B.

Vocational & Community Services

• Arkansas Rehabilitation Services – Offers job retraining that may support a closed-period disability claim.

• Disability Rights Arkansas – A nonprofit advocacy group assisting with access to records and supportive services.

Frequently Asked Questions

How long does the entire appeal process take in Arkansas?

SSA data shows an average of 18–24 months from initial filing to ALJ decision in Arkansas. Timeframes vary based on hearing office backlog.

Will working part-time hurt my SSDI appeal?

Part-time work below the SGA level may not disqualify you, but the ALJ will evaluate whether the work demonstrates your ability to perform substantial gainful activity.

Can I receive both Workers’ Compensation and SSDI?

Yes, but combined benefits cannot exceed 80% of your pre-disability earnings under 42 U.S.C. §424a. SSDI payments may be offset accordingly.

Authoritative References

SSA – Disability Benefits Overview 20 C.F.R. §404.900 – Administrative Review Process SSA – How to Appeal a Decision Social Security Act (Official PDF) Arkansas Judiciary – Attorney Licensing

Legal Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney regarding your specific situation.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.