We know that it’s tough to make ends meet when you’re unable to work for an extended time due to an injury or sickness. However, our experienced Social Security Disability lawyers can help you get the funds you need to care for yourself.
What’s the Difference Between SSDI and SSI Disability Benefits?
There are two types of social security disability benefits:
- Supplemental Security Income (SSI). SSI is a needs-based program that provides financial assistance to disabled adults and children who have limited income and resources.
- Title II benefits (SSDI) are for people who have paid enough into the system through payroll deductions and cannot work due to an illness or injury for at least 12 months.
Many Different Types of Disabilities Can Qualify You for Social Security Disability Benefits
Are you suffering from any of these qualifying conditions? Then, contact us to discuss your eligibility to file a claim.
- Heart disease
- Joint problems
- Depression
- Kidney disease
- Osteoporosis
- Repetitive stress injury
- Head trauma
- Hearing loss
- Autoimmune disease
- Asthma
- Arthritis
- Diabetes
- Stroke
- Epilepsy
- Emphysema
- Liver disease
How Difficult Is It to File a Social Security Disability Claim?
The majority of disability applicants are initially rejected. Many of these individuals lose hope and give up, not knowing that there could be another way to get their entitled benefits.
The Social Security Disability attorneys at Richard Schwartz & Associates recognize that a denied claim can significantly impact a victim’s life, especially one who doesn’t have another source of income. Although your application may have been rejected, it does not guarantee that you will not receive benefits. Appealing is often effective, and our team of disability attorneys can assist you with that process.
We understand how important it is that you receive benefits. So let Richard Schwartz & Associates Injury Lawyers, P.A. help you get the financial assistance you need to get through this difficult time.
How Do You File for Disability in Mississippi?
There are three steps to applying for Social Security Disability benefits:
- Initial application: You may apply at your local Social Security Administration district office. If you’re disappointed that your first application gets denied, don’t be. The majority of disability claims are initially rejected.
- Reconsideration: The request for reconsideration is the next stage in the procedure. While reconsideration may result in you receiving benefits, most of these requests are also rejected.
- Request for a hearing: This is the point where you should contact our Tupelo, Mississippi, disability law office. You can appeal your denied claim before an administrative law judge (ALJ) at a hearing. It’s essential to find a disability lawyer in Tupelo, Mississippi, who can assist you at this stage. An experienced attorney will ensure the papers are completed correctly and filed on time. They can present your claim with the necessary accident and medical information to accurately represent your situation to the ALJ.
What Is the Appeals Process?
You have the right to appeal any decision made by submitting a written request within 60 days after receiving the decision letter. There are four levels of the appeal process:
- Reconsideration: Your attorney will submit a request for reconsideration to the insurance company. During this phase of the appeal, a claims examiner who was not part of the original assessment will evaluate all evidence supplied when the initial decision was made, as well as any new information.
- Hearing: Your lawyer may request a hearing before an administrative law judge who had no involvement in the initial decision if the SSA denies reconsideration. Your lawyer will produce evidence to the court that supports your case, and you may ask an expert witness to clarify why you qualify for disability payments.
- Review by the Appeals Council: If the court denies your claim, you may appeal to the Social Security Appeals Council. Although the Appeals Council considers all appeals, it may decide that the hearing decision was correct if you ask for a reconsideration.
- Federal Court Review: If your claim is still denied, you may file a federal lawsuit to invalidate the SSA’s decision.
Are SSI and SSDI Claims Handled the Same Way?
Supplemental Security Income (SSI) aids individuals with limited financial resources who are disabled. Supplemental Security Income applications follow the same steps as Social Security Disability Insurance benefits applications. Our Social Security Disability lawyers in Mississippi can assist you with your appeal if you have been denied SSI during your first application.
Why Are Some Social Security Disability Applicants Denied?
There are a variety of reasons why people are initially denied benefits, including:
- Making too much money: Many applicants exceed the “substantial gainful activity” (or the amount of work a person with a disability may do) threshold when they apply. As a result, they are simply earning too much money to qualify.
- Disability isn’t severe: The SSA may decide that an applicant’s disability isn’t severe enough to prevent them from working.
- Disability is due to drug or alcohol dependence: If a drug or alcohol addiction was a cause of an applicant’s disability, they are unlikely to be eligible for payments.
- Refusal to follow doctors’ t orders: If a patient fails to follow the doctor’s orders, they may be denied benefits.
- Applicant fraud: If an applicant receives Social Security Disability Insurance (SSDI) payments by fraudulent means, the SSA may terminate their benefits.
Can You Work Part-time While Receiving Disability Benefits?
You may work part-time while receiving Social Security Disability benefits as long as your income doesn’t exceed a particular limit set by the Social Security Administration. The substantial gainful activity, or SGA limit, is the maximum amount of time you can work and still receive disability benefits.
The current SGA threshold is $1,350 per month. If you make more than this monthly amount, the Social Security Administration will presume you can do a “significant” amount of work. Therefore you won’t be eligible for benefits. In addition, the Social Security Administration will consider your entire number of hours worked when determining whether you qualify for benefits. Therefore, the more hours you work each week, the less likely you will be eligible for Social Security payments.
As a side note, individuals applying for Social Security disability based on blindness are limited to an SGA of $2,260 as of 2022. Furthermore, regardless of your condition, you may earn more than the SGA limit for nine months after beginning to receive SSDI benefits.
For more information or help with your claim, call Richard Schwartz & Associates and speak to one of our experienced Tupelo, Mississippi, personal injury attorneys.
How Can a Disability Attorney Help You?
The SSD application process may be time-consuming, perplexing, and unpleasant. We understand this at Richard Schwartz & Associates. Our attorneys will assist you in making sense of the procedure and vetting your application and accompanying material for any mistakes that might result in a denial.
If you’ve been turned down, our attorneys can assist you in filing an appeal. We may locate any missing papers that could help your case, gather and submit necessary supporting evidence, and prepare you to answer the judge’s questions.
Call Our Firm in Tupelo, Mississippi Today
We realize that applying for social security benefits may be frustrating. However, when you have a team of skilled legal specialists on your side, the chances of receiving the compensation you deserve improve considerably.
Our Tupelo, Mississippi Social Security Disability lawyers at Richard Schwartz & Associates have decades of expertise assisting individuals in Mississippi in receiving the highest amount of compensation for their injuries. Our goal is to assist you in regaining your normal life. Contact us today.
