Social Security Disability Insurance in Mississippi: Filing a Claim that gets Approved
If you have been injured and are unable to work due to an illness or injury that is not a result of a workplace incident, you may be in a panic about being unable to apply for workers’ compensation. However, Social Security disability insurance may be just what you’re looking for.
Qualifying for Social Security Disability Insurance
While you may have a legitimate disabling condition that has been diagnosed, that, alone, does not mean you will qualify for Social Security Disability benefits. Beyond experiencing a serious medical condition, you must aptly demonstrate the impact of said disability on regular life activities, as well as on your ability to work. That means you will be required to submit both medical and vocational evidence of your situation.
For adults, vocational history and medical records must be assessed in order to make a determination as to the likelihood of the claimant being able to go back to work, or to do some other type of work. A treating physician’s conclusions will be weighed against the medical evidence as judgments are made as to the viability of a claim.
Proving a Claim
Proving disability claims can be a tricky business. You must be able to demonstrate, through a collection of evidence, that you are unable to earn a substantial, gainful income based on a severe impairment, as opposed to one that only impacts you to a negligible degree. You must then demonstrate that you cannot do any type of work similar to what you’ve done in the past 15 years. Furthermore, you must prove that you are unable to do other work that would be appropriate for a person of your age, education level, and skills.
Why are Claims Denied?
Social Security Disability Benefits are typically denied for two key reasons:
- Functional ability was not demonstrably impacted as evinced by the provided medical documentation;
- Vocational limitations were not clearly established in the work history documentation.
After a Denial for a Claim
The initial submission for a claim is denied in many cases. Claimants may then file a reconsideration appeal. However, less than 15 percent of cases are approved at this juncture. Applicants may then file a second appeal with an administrative law judge. At this point, if you have strong legal representation, your case has about a 60 percent chance of being approved. Any disability benefits will be awarded based on the degree to which a person’s impairment impacts daily function and the ability to perform in their previous job or in similar work.
If you are to the point of filing a Social Security disability application, things must be pretty serious. At the office of Derek L. Hall, PC, our Jackson Social Security benefits lawyers can help put your application on the road to approval. Avoid lengthy rejections and refilings by relying on us to assemble a complete and thorough application package. Schedule your free consultation today in our Jackson office.