The Oxford Social Security Disability Insurance lawyers at Roberts Wilson, P.A. are committed to helping our disabled neighbors from North Mississippi pursue the benefits they need and deserve. The Social Security Disability Insurance (SSDI) application process is complex and can be very confusing. Our knowledgable attorneys have extensive experience in these matters and can help ensure that your claim is well-prepared to increase your chances of a timely approval.
If you need assistance filing for SSDI benefits or appealing a denied claim, please contact Roberts Wilson, P.A. today online or at (662) 533-9111 to schedule a free consultation with an experienced attorney. Our helpful legal team serves clients across North Mississippi, including Oxford, Holly Springs, Batesville, Pontotoc, and many other areas.
What Disabilities Are Covered by Social Security Disability Insurance?
There is a broad range of physical and mental health conditions that may be covered by SSDI, which are detailed on the Social Security Administration (SSA) Listing of Impairments web page. Specific conditions fall under a number of categories recognized by the SSA, including:
- Cancer
- Digestive system disorders (i.e., inflammatory bowel disease)
- Mental disorders (i.e., schizophrenia)
- Endocrine disorders (i.e., diabetes)
- Hematological disorders (i.e., sickle cell disease)
- Cardiovascular conditions (i.e., congenital heart disease)
- Respiratory system conditions (i.e., cystic fibrosis)
- Skin disorders (i.e., disorders caused by severe burn injuries)
- Neurological conditions (i.e., conditions caused by brain injuries)
- Musculoskeletal conditions (i.e., conditions caused by spinal cord injuries)
Even though they may not be specifically listed by the SSA, there are other conditions that may still entitle you to SSDI benefits. An Oxford Social Security Disability Insurance lawyer at Roberts Wilson, P.A. can help you determine if your condition qualifies.
Who Is Eligible for Social Security Disability Benefits?
If you are unable to work because of a medical condition that causes total disability and is expected to last at least one year, you are eligible to receive financial assistance through SSDI benefits. However, you are not eligible for benefits if you suffer a partial or short-term disability.
In order to qualify for SSDI benefits, you must have previously held a job covered by Social Security and achieved the required number of credits based on your time of employment and age. For those who qualify, SSDI benefits include monetary compensation based on your age and earning records.
What Types of Disability Benefits Can I Apply For?
The Social Security Administration grants two types of benefits to people who are disabled: SSDI and Supplemental Security Income (SSI).
SSDI
To receive monthly disability benefits, your disability must first be confirmed by the Social Security Administration and your application must be approved. The amount paid to disabled people varies, depending on their recent earning histories. The SSA reports that, on average, disabled workers received $1,259 in monthly benefits in 2020.
SSI
Supplemental Security Income (SSI) provides monthly payments to individuals with few resources and low incomes.
The Social Security Administration offers SSI benefits to people who are:
- Disabled
- Blind
- 65 or older
In 2020, federal SSI benefits totaled $1,175 every month for couples and $783 a month for individuals. In Mississippi, people who qualify for SSI automatically receive Medicaid as well.
Do Any Conditions Automatically Qualify for SSDI Benefits?
Regardless of the disability, no one is “automatically” given SSDI benefits; an application process is always required. You must provide medical evidence to prove that have a qualifying condition.
A compassionate allowances program is available for those with very serious conditions. This program is intended to shorten the waiting time for the Social Security Administration to reach a decision about someone’s disability claim.
The social security disability insurance claim process should go quicker if you have a condition that qualifies for a compassionate allowance. However, it is crucial that your application is fully completed and the disability is thoroughly documented. An Oxford SSDI lawyer can help.
Does PTSD Count as a Disability?
Post-traumatic stress disorder (PTSD) is listed by the Social Security Administration in its impairment listing of mental disorders. To qualify for SSDI benefits, an applicant must meet the following requirements:
- The applicant was threatened or exposed to serious injury, death, or actual violence
- The applicant is easily startled, experiences hypervigilance, and suffers other issues related to reactivity and alertness
- The applicant suffers disturbances in his or her mood and behavior
- The applicant avoids external reminders of the event
- The applicant relives the traumatic event through nightmares, memories, intrusive thoughts, etc.
These impacts must be persistent, serious, or extremely limiting to your mental functioning in the workplace to qualify for benefits. Medical records must note the PTSD’s severity and how it affects your daily life.
How Can I Reduce the Risk of My SSDI Benefits Being Denied?
The application process for obtaining SSDI benefits is very complicated. What’s worse: you may wait for months just to find out that your request for benefits was denied.
The best way to improve your chances for SSDI benefits approval is to do everything you can in the beginning of the process. When applying for benefits, review the list of necessary information provided by the Social Security Administration. The list includes necessary information such as:
- Details about your disability, such as medical tests, medications you take, hospitalizations, and doctors who have treated you
- Your previous and current year’s earnings
- Your employment history
- Other benefits you plan to pursue or have already applied for, such as:
- Retirement and pension fund benefits
- Veterans’ disability benefits
- Short or long-term disability benefits provided by your employer
- Workers’ compensation
Original documents (or copies) of your tax returns, medical records, birth certificate, and more may also be required as part of your application. An SSDI lawyer can help you with the process. At Roberts Wilson, P.A., our experienced legal team understands the SSDI application process. We know what information the Social Security Administration requires and we are committed to making the process as easy as possible for our clients. When you choose our firm to handle your application, you can rest assured that it will be completed correctly and without the errors and omissions made by many first-time claimants.
What To Do If Your SSDI Claim Was Denied
It is estimated that nearly 70 percent of all initial SSDI applications are denied. Many legitimate claims are denied because the complicated forms are not fully or properly completed – or the information on the disability is not adequately documented.
If your application for SSDI benefits was denied, an SSDI lawyer at Roberts Wilson, P.A. can help you appeal your claim.
To appeal a denied SSDI claim, you must submit a Disability Report Appeal and a Request for Reconsideration. Additional information may also be required to support your claim.
Our Oxford Social Security Disability Insurance lawyers have extensive experience helping SSDI applicants with legitimate disabilities appeal their denied claims successfully. We will make sure that all of the necessary documentation is gathered and that your appeal forms are completed properly. Considering the high rate of denied SSDI applications, it is in your best interest to work with an experienced SSDI lawyer at every stage of the application process, including (and especially) during the process of appealing a denied claim.
We have helped clients from Oxford, Holly Springs, Batesville, Pontotoc other areas of North Mississippi obtain the SSDI benefits they need and deserve.
What Can an SSDI Lawyer Do For You?
What a lawyer does for their clients in a Social Security case is not that different from what they do in a personal injury case. We make sure that all the medical records and other important documentation are in the Social Security Administration’s records so the judge will have enough information to make a decision in your case.
Another thing a lawyer can do is communicate with your medical providers to be sure they have provided the right information. You see, it is not enough for your doctor to just say “John Doe is totally disabled”. Your doctor really needs to identify what your specific limitations are and put that into their medical records. Sometimes, a lawyer is able to write a letter to the doctor and ask them specific questions about your particular limitations and when the lawyer gets that letter back, the letter can be sent to the Social Security Administration so it can be included in the record. This way, the Administrative Law Judge is able to consider this information from your doctor.
A lot of people ask if they can get approved for Social Security Disability without having to go to court. The answer is “sometimes”. If your lawyer feels like there is enough information in your Social Security Disability record, the lawyer can request what is called an “On the Record Ruling”. The judge will then take a look at what is already contained in your record and see if a decision can be made. If you are not granted benefits at this point, you can still go before the judge for a hearing.
At the Hearing
At the hearing, your attorney will go to bat for you. Sometimes, the Administrative Law Judges prefer to ask you most of the questions and allow your lawyer to ask additional questions that they think are important later in the hearing. Other times, your lawyer will be the main person asking you questions and will ask you relevant questions that are important to your case. The lawyer will also ask you about things that might not be in the records and about your daily life and how you feel day to day. This can all be very important to your claim.
In almost all Social Security Disability hearings, there is a vocational expert. The main job of the vocational expert is to be familiar with the job market and what is available for a person who is similarly situated to the person who is applying for benefits. Basically, the Vocational Expert uses government employment statistical data to find out how many jobs you may or may not be able to perform. If there is important information that the Vocational Expert may not be considered, the lawyer will ask them additional questions to make sure they have all the factors necessary to aid the judge in their decision.
How Much Does a Social Security Disability Lawyer Charge?
It doesn’t cost you anything to discuss your case with an Oxford Social Security disability insurance lawyer at Roberts Wilson, P.A. Our SSDI attorneys handle claims on a contingency fee basis. That means that you don’t pay any attorney’s fees unless we achieve a favorable decision in your case.
Social Security law limits attorney’s fees to 25 percent of the “back pay”, or to $6,000 – whichever is less. Back pay (or past-due benefits) describes the total amount you would have received if your claim had been approved right away.
Upon a successful outcome of your case, your attorney’s fees will be calculated as a percentage of the back pay benefits to which you are entitled.
Speak with an Oxford Social Security Disability Insurance Lawyer for Free
At Roberts Wilson, P.A., we are committed to helping disabled people in our community get the SSDI benefits they need. If you are seeking SSDI benefits in Oxford, Holly Springs, Batesville, Pontotoc, or any other area in North Mississippi, contact our office to speak with an SSDI lawyer for free.
Contact us today online or at (662) 533-9111 for a FREE consultation with an Oxford Social Security Disability Insurance lawyer. We look forward to hearing from you.
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