Social Security Disability

Getting you the benefits you deserve since 1986!

    Request a FREE Consultation

    YesNo

    YesNo

    Social Security Disability Lawyer in Mississippi

    Working long enough and paying Social Security taxes on your earnings eventually qualify for retirement benefits when you reach full retirement age. However, if a medical condition prevents you from working for at least 12 months or longer before you reach retirement age, you may qualify for benefits through the Social Security Disability Insurance program.

    SSDI pays benefits to you and some members of your family. Almost 9 million workers with disabling physical and mental health impairments receive monthly SSDI payments through the Social Security Administration. At Muse Disability Services, we have a team of seasoned disability advocates who are deeply committed to guiding you through the SSD process, providing you with the support and reassurance you need.

    Who is Eligible for Social Security Disability?

    You must meet the work requirements to be eligible for disability benefits through SSDI, and you must meet the definition of disabled used by the Social Security Administration. Let’s look first at the work requirements.

    Your record of working at jobs that were subject to payment of Social Security taxes in the money you earn must be long enough to meet eligibility guidelines. This generally means you worked for at least five years out of the 10 years immediately prior to the onset of a disability.

    What is a Disability for SSD?

    The most important thing to keep in mind about disability benefits through the Social Security Administration is you must be totally and permanently disabled. Social Security does not allow SSDI benefits for someone with a partial or temporary disability, as does the disability program administered by the U.S. Department of Veterans Affairs.

    Social Security’s definition of disability is being unable to engage in substantial gainful activities because of a medically determinable physical or mental impairment or a combination of impairments. The impairment or impairments must have lasted or be expected to last for at least 12 months or be expected to cause death.

    The disability must prevent you from doing any work that you did in the past. It also must keep you from doing any other type of work available within the national economy.

    As you can see, qualifying for Social Security disability is not easy. Of the applications submitted each year, at least two-thirds of them are denied benefits during the initial review process.

    Proving The Existence of a Disabling Medical Condition

    Applications for SSDI benefits must be supported by medical records that include notes of examinations, assessments, and evaluations by qualified medical practitioners and include a diagnosis and prognosis. When you apply for benefits, you must furnish a list of the following along with your application:

    • All medical practitioners and facilities treating you, including doctors, hospitals, clinics, and rehabilitation centers.
    • Medications prescribed by your doctors.
    • Information about surgical procedures you underwent for the medical condition.
    • Treatment recommendations, including therapy and rehabilitation.

    Social Security also asks for information about your education, work experience, and other factors that may affect your ability to transition from the type of work you’ve done in the past to another form of work.

    Benefits Payable Through SSDI

    The amount you receive each month as SSD benefits when you qualify depends on the amount of earnings you had throughout your work history and the Social Security taxes you paid. It also changes each year because of cost-of-living adjustments. The maximum SSDI monthly benefit in 2024 is $3,822, but the average monthly benefit, according to Social Security, is $1,537.

    After receiving SSDI benefits for 24 months, you become eligible for health insurance coverage through Medicare Parts A and B. If someone qualifies for disability benefits with amyotrophic lateral sclerosis (ALS), also called Lou Gehrig’s disease, they immediately qualify for Medicare.

    Muse Disability Services Simplifies the Disability Benefits Process

    The complex rules, regulations, and procedures you must go through to qualify for disability benefits can be frustrating and frequently result in applicants making mistakes that delay their claims or lead to a denial of benefits. Disability representatives at Muse Disability Services have extensive experience with Social Security disability. They know what it takes to meet eligibility requirements and work with your medical practitioners to ensure your claim has the medical evidence it needs to be approved.

    Frequently Asked Questions About SSD

    Are Retroactive SSDI Benefits Available?

    Your ability to qualify for retroactive benefits depends on the onset date of your disability as proven by your medical records. Up to one year of retroactive benefits are available depending on the disability onset date established by the Social Security Administration.

    If you disagree with the onset date the SSA sets, you can appeal the decision. However, an appeal entails a review of the entire claim, so talk to a Social Security disability lawyer to determine if an appeal is the best action to take.

    What Can You Do If Denied Disability Benefits?

    You have the right to challenge a denial of benefits or other adverse decision the SSA makes. The appeal process includes the following stages:

    • Request reconsideration: A reconsideration results in your application being assigned to a claim examiner who was not involved in the original review of your claim.
    • Hearing with an administrative law judge: If reconsideration does not resolve the issue satisfactorily, you may request a hearing with an administrative law judge. You may offer new evidence and testimony at the hearing to have the adverse decision overturned.
    • Appeals Council review: If you receive an adverse decision at the hearing stage, you may request a review with the Appeals Council.
    • Federal court appeal: The last stage of appeals is filing a lawsuit in federal court asking a judge to overturn the decision made on your claim.

    An SSD lawyer at Muse Disability Services can assist you at each stage of the appeal process.

    Can I Work While Collecting Social Security Disability Benefits?

    The SSA has programs that allow a person to work while receiving disability benefits. If you work during a trial work period, for example, you keep your benefits and work earnings. Learn more from Muse Disability Services.

    Does Mental Illness Qualify for Disability Benefits?

    Depression, anxiety, and other forms of mental health disorders may qualify for disability benefits provided they meet the disability definition and prevent you from working.

    How Does a Disability Lawyer Get Paid to Represent You?

    Fees charged by an SSD lawyer are set by the SSA and are paid from retroactive benefits only when you collect them through a favorable decision.