Trusted Tupelo Social Security Disability Lawyers
Denied Social Security Disability in Mississippi? We Can Help.
The normal day to day activities of life are so commonplace that they become mundane to us. Carrying a laundry basket is an annoying chore that has to get done or nobody has clean clothes. Driving to work through the streets of Tupelo is an activity filled with lots of yawning and dealing with moody traffic. A bright spotlight is put on these parts of life when we suffer a disability and suddenly a boring chore becomes a heartbreaking reminder of what we used to be able to do without thinking about it.
The same disability that makes daily life hard can also affect your job and income. If you find yourself in need of disability benefits from the Social Security Administration (SSA), you might not realize the challenges ahead. The SSA is a government entity that is often understaffed, underfunded, and notoriously difficult to navigate. Even after meticulously completing and submitting your application, you may endure a year-long wait only to face a denial.
When faced with a denial, the prospect of filing an appeal can feel overwhelming. How long will you wait this time, and what happens if you're denied again? Before taking any further steps, consider a better option for your appeal: contacting a Wettermark Keith Social Security Disability Lawyer. With decades of experience, we understand how to navigate the complex Social Security Disability Benefits appeals process and secure the benefits you deserve. Having contributed to the Social Security system in Mississippi for years, it’s now time to claim what you’re entitled to. Let us help you through this challenging time and work to get you the benefits you are owed.
What Does a Tupelo Social Security Disability Lawyer Do?
Understanding the complexities of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) can be overwhelming for individuals facing disabilities. A Tupelo Social Security Disability Lawyer specializes in guiding clients through this complex process, ensuring they have the best chance of receiving the benefits they deserve under the law, especially after an initial denial. Their expertise and dedication provide essential support to clients seeking the assistance they are rightfully entitled to.
Common Medical Conditions That Qualify for SSDI or SSI Benefits
Individuals with various medical conditions can qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits if their impairments significantly limit their ability to work. Some of the most common medical conditions that meet the Social Security Administration's (SSA) criteria include:
Back Pain
Cancer
Blindness
Deafness
Amputations
Chronic conditions
Terminal illnesses
Mental health conditions such as depression, anxiety, and PTSD
These conditions must be thoroughly documented with comprehensive medical records, physician statements, and diagnostic tests to demonstrate their severity and impact on daily functioning.
Applying for SSDI and SSI Benefits
Applying for SSDI or SSI benefits involves a detailed and often lengthy process by a government administration notorious for its rigorous and lengthy procedures. When initially filing your claim, there are several things to keep in mind:
Gathering medical evidence: Ensure all relevant medical records and documentation are obtained.
Completing forms accurately: Read your forms carefully for completeness and accuracy to ensure the best chance of success.
Get Ready to Wait: The average wait time for a disability claim is between 8-12 months, but a year wait is becoming more common.
Be Prepared for Denial: In 2023, roughly 61% of disability cases are immediately denied by the SSA. This can be disheartening, but it is important to remember that you have the right to appeal the decision.
An experienced disability attorney can assist you in navigating the appeals process, which involves submitting additional evidence, attending hearings, and possibly appearing before an administrative law judge. Appeals can significantly improve your chances of obtaining the benefits you deserve.
Not only will the attorney help secure the benefits you need, but they will also ensure you receive backpay. Backpay refers to the benefits owed to you from the time you became disabled to the time your claim is approved. This lump sum can be substantial and is critical for covering the financial gaps caused by the disability. The attorney will explain the details of backpay, including how it is calculated and when you can expect to receive it, ensuring you get all the compensation you deserve.
Common Types of Social Security Disability Cases
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cover a wide range of disabilities that prevent individuals from working. Some common types of cases include:
Musculoskeletal Disorders: This category includes severe conditions like arthritis, herniated discs, spinal stenosis, and amputations that affect muscles, bones, and joints, leading to chronic pain and mobility issues.
Cardiovascular Conditions: Heart diseases such as congestive heart failure, coronary artery disease, and peripheral arterial disease are common qualifiers due to their impact on physical endurance and overall health.
Neurological Disorders: Disorders like epilepsy, multiple sclerosis, and Parkinson’s disease can cause significant impairments in motor skills and cognitive function.
Mental Health Disorders: Severe mental health conditions, including schizophrenia, bipolar disorder, and major depression, can qualify if they severely disrupt daily life and work capabilities.
Respiratory Disorders: Conditions such as chronic obstructive pulmonary disease (COPD) and severe asthma that limit an individual's ability to breathe and perform physical tasks.
Cancer: Various types of cancer, particularly those that are inoperable or advanced, are evaluated for disability benefits.
Digestive Disorders: Severe conditions like Crohn’s disease and chronic liver disease that cause significant digestive issues and overall health decline.
Immune System Disorders: Diseases such as HIV/AIDS and lupus that severely affect immune function and overall health.
Endocrine Disorders: Severe diabetes with complications like neuropathy, retinopathy, or amputations can qualify.
Kidney Disorders: Chronic kidney disease, especially in stages requiring dialysis, is a common qualifier.
Each case requires careful documentation and medical evidence to demonstrate how the disability impacts the individual's ability to work. A Wettermark Keith Tupelo Social Security Disability Lawyer helps clients build strong cases by gathering the necessary documentation, navigating complex regulations, and advocating on their behalf throughout the SSDI or SSI claims process. If your initial claim is denied, Wettermark Keith specializes in handling appeals, ensuring that you have the best chance of securing the benefits you deserve.
Legal Framework for Social Security Disability
The Social Security Administration (SSA) follows a structured and detailed process to evaluate and award Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. This process ensures that only those who are genuinely unable to work due to a disabling condition receive the benefits they need. Here's an overview of the SSA's process:
- Applicants submit their initial application for disability benefits, providing detailed information about their medical condition, work history, and other relevant details.
- The SSA reviews the application to ensure all necessary information is included and meets basic eligibility criteria.
- If the application passes the initial review, it is sent to the state-run Disability Determination Services (DDS) for a more thorough evaluation.
- DDS collects and reviews medical evidence from healthcare providers, including diagnostic tests, treatment records, and physician statements.
- In some cases, DDS may require the applicant to undergo a consultative examination (CE) by a contracted healthcare provider to gather additional information.
The SSA uses a five-step process to determine disability:
-
- Substantial Gainful Activity (SGA): The SSA assesses whether the applicant is currently working and earning above a certain threshold. If they are, the claim is typically denied.
- Severity of Condition: The SSA evaluates whether the applicant's medical condition significantly limits their ability to perform basic work activities. If it does not, the claim is denied.
- Medical Listings: The SSA checks if the applicant’s condition meets or equals one of the listed impairments in the SSA’s Blue Book. If it does, the applicant is deemed disabled.
- Residual Functional Capacity (RFC) and Past Relevant Work: The SSA assesses the applicant's RFC to determine what they can still do despite their impairment and whether they can perform any of their past relevant work. If they can, the claim is denied.
- Other Work: The SSA considers whether the applicant can adjust to other work that exists in significant numbers in the national economy, given their RFC, age, education, and work experience. If the applicant can perform other work, the claim is denied; if not, the applicant is deemed disabled.
- Once the evaluation is complete, the SSA makes a decision on the claim.
- The applicant is notified of the decision through a formal letter. If approved, the letter includes details on the benefit amount and when payments will start. If denied, the letter explains the reasons for denial and provides information on the appeals process.
If an initial claim is denied, applicants have the right to appeal. The appeals process involves several levels:
-
- Reconsideration: A different DDS team reviews the claim and any new evidence.
- Hearing by an Administrative Law Judge (ALJ): If reconsideration is denied, the applicant can request a hearing before an ALJ, who reviews the case and issues a decision.
- Appeals Council Review: If the ALJ denies the claim, the applicant can request a review by the Appeals Council, which can either make a decision or return the case to the ALJ for further review.
- Federal Court: If the Appeals Council denies the claim, the applicant can file a lawsuit in federal court.
Understanding this process can help applicants and their representatives effectively navigate the complexities of the Social Security Disability system and improve their chances of securing the benefits they need.
How a Tupelo Social Security Disability Lawyer Can Help
Receiving a denial for your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim can be disheartening, but it's important to know that you have options and the right to appeal.
If you have been denied benefits, you only have 60 days from the date on the decision letter to file an appeal for reconsideration.
A Tupelo Social Security Disability lawyer can provide invaluable assistance during this challenging time by:
The lawyer will carefully review the SSA's decision letter to understand why your claim was denied. They can identify weaknesses in your initial application and determine what additional evidence is needed to strengthen your appeal.
Your lawyer will help collect necessary medical records, obtain expert opinions, and gather any other documentation that supports your claim. This comprehensive approach ensures that all relevant information is presented to the SSA.
Navigating the SSA’s appeals process can be complex and time-consuming. Your lawyer will handle all aspects of filing the appeal, ensuring that all paperwork is completed accurately and submitted on time.
If your appeal reaches the hearing level, your lawyer will represent you before an Administrative Law Judge (ALJ). They will prepare you for the hearing, present your case effectively, question witnesses, and provide compelling arguments to demonstrate your eligibility for benefits.
Your lawyer will work diligently to ensure that you receive all the benefits you are entitled to, including backpay. Backpay is the compensation owed from the time you became disabled to the time your claim is approved. Understanding how backpay is calculated and ensuring you receive the correct amount is crucial, and your lawyer can navigate this process for you.
Handling an appeal on your own can be overwhelming, especially when dealing with a disabling condition. By entrusting your case to a skilled disability lawyer, you can focus on your health and well-being while they manage the legal complexities.
Our 3-Step Process
Connect With Us:
Call our office at (877) 715-9300 or use our online form to arrange a no-cost, no-obligation consultation with our Tupelo Disability lawyers.
We Assess Your Claim
In our initial review, our experienced Tupelo team will assess your claim and explore your options. If you've been unjustly denied for disability, we’ll assign a dedicated Disability attorney to your case.
We Defend Your Rights
As one of the Southeast’s top disability law firms, Wettermark Keith is committed to ensuring your rights to compensation are upheld.
Frequently Asked Questions
There are two different programs that provide Social Security Disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To qualify for SSDI, you must have earned enough work credits through your previous employment, typically 40 credits, with 20 earned in the last 10 years.
For SSI, the program is need-based and does not require work credits but has strict income and resource limits. Both programs require that you have a severe medical condition that significantly limits your ability to perform basic work activities for at least 12 months or is expected to result in death. Your condition must be thoroughly documented with medical evidence. Additionally, you must be unable to engage in any substantial gainful activity (SGA).
Common reasons include lack of sufficient medical evidence, errors in paperwork, mistakes by the reviewing agent at the SSA and failure to comply with SSA requirements. A lawyer can help analyze these issues and provide guidance on gathering additional medical evidence, correcting paperwork errors, and ensuring compliance with SSA requirements.
They can also represent you in hearings and appeals, significantly improving your chances of overturning the denial and securing the benefits you deserve. By addressing these common pitfalls, a skilled attorney can help build a stronger case and navigate the complexities of the Social Security Disability appeals process effectively.
Yes, you can work while receiving Social Security Disability benefits, but there are limits on how much you can earn. The SSA allows a Trial Work Period where you can test your ability to work without affecting your benefits, as long as you report your work activity and earnings. After the Trial Work Period, if you continue working, you can still receive benefits as long as your earnings do not exceed the Substantial Gainful Activity (SGA) limit. Always report your earnings to the SSA to stay compliant and avoid issues.
Yes, your disability case can be expedited under certain circumstances, such as having a severe illness that is likely to result in death. The Social Security Administration (SSA) offers programs like Compassionate Allowances, Quick Disability Determination, and Terminal Illness cases to fast-track claims for severe conditions. However, if you do not have a condition that qualifies under these criteria, your claim will most likely not be expedited.
It is important to note that if your medical conditions and/or illnesses do qualify, the SSA will automatically expedite your claim. You do not have to submit a separate request to have your claim expedited.
The process can vary, but it often takes several months to over a year to receive your initial decision letter. If you are denied and file an appeal, it could take even longer to receive approval for benefits. A disability lawyer can provide a more specific timeline based on your case details.
No, there is only one application process for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. When you apply for disability benefits, the Social Security Administration (SSA) will automatically evaluate your eligibility for both programs based on the information you provide in your application. This means you don't need to submit separate applications for SSDI and SSI.
No Recovery, No Fee - Guarantee!
Our lawyers understand the significant financial and emotional toll that a disability can impose on you and your family. We firmly believe that everyone deserves top-tier legal representation, regardless of their financial situation. That’s why we proudly offer our services on a contingency fee basis, ensuring that access to justice isn’t limited by the ability to pay upfront costs.
You won’t have to worry about legal fees to hire our Social Security Disability attorneys; we only collect fees at the end of your case if we secure benefits for you. Our commitment is to your successful recovery and peace of mind. Let our dedicated Tupelo lawyers handle the legal complexities, so you can focus on healing. Together, we are dedicated to making high-quality legal services accessible to everyone, empowering you to seek the justice and compensation you deserve.
Wettermark Keith: Your Mississippi Social Security Disability Advocates
At Wettermark Keith™, we have an excellent reputation as one of the most accomplished personal injury firms in the country. We offer a diverse range of practice areas, including trucking accidents, personal injury cases, auto wrecks, nursing home abuse, medical malpractice, on-the-job injuries, social security, and VA disability, to name just a few. At Wettermark Keith, we believe in taking cases personally. Our purpose is to practice with care and compassion - to tell our clients' stories and make their voices heard. We achieve this by building strong relationships based on constant communication and an unwavering dedication to truth and trust.
Wettermark Keith was extremely professional and helpful. This personal injury law firm helped my husband over 10 years ago when he fell and broke his foot on vacation. I called them first because I liked their TV commercials. They are very nice people and I would call them again if I needed a lawyer.
- Juanita
Law firm Wettermark Keith has exceeded my expectations! I recommend these lawyers to anyone and everyone I come across. Their commitment to their clients is outstanding. Communication is easy. And I got my settlement very fast. I definitely recommend working with Lee Hawker. He is very gracious and kind. He looked out for me and my family and went above and beyond for us. I’m very grateful!
- Alexa
My personal embattlement with the Social Security Administration went downhill. From a personal recommendation, I reached out to Wettermark Keith law firm. Brian Smith and his team took my case and throughout the whole process, I felt more than just another number. Frequent updates were provided, and emphasis was placed on ensuring all needed documentation was in place. In the end, the accident case resulted in a favorable victory. A big thank you to my lawyer Brian Smith and the team at Wettermark Keith for the hard work throughout the entire personal injury process.
- Dallas
I had the pleasure of working with Mr. Mark English at Wettermark Keith law firm after my car accident in December 2021. He was very thorough in everything, did a wonderful job of explaining everything that was happening, and was super easy to get in touch with when I needed him. I never had a question that was left unanswered by this lawyer. He's very kind and patient, and he made the personal injury claims process so easy for me. I absolutely recommend him, it was a pleasure working with him!
- Rose
I am so elated that I utilized Mr. Muhammad Abdullah’s services. In the beginning, he told me the compensation that I would receive for my personal injury claim and I actually received more than that! After my car wreck (in my brand-new vehicle), I was actually surprised that I was in the pain that I was in. Mr. Abdullah made sure I saw the necessary people for therapy and worked hard to get me back into my car after the accident. I felt that he was diligent, listened to my concerns, and quickly got me back in my car and compensated! I will be utilizing Mr. Abdullah again and again, anytime I ever have to hire a lawyer.
- Madinah
Free Consultation
you won’t pay us anything until we’ve won your case
