If your disability prevents you from working, you may be entitled to Social Security disability insurance benefits (SSDI). This federal program provides you with important financial support if your medical condition is expected to last for at least one year or is terminal. Unfortunately, the process for receiving the funds is mired in bureaucracy that can delay receipt of money you need or denial of a valid claim.
Morgan & Morgan was founded with the mission of helping the people, not the powerful. Our Social Security disability lawyers recognize the hardships that delays and denials of Social Security disability can cause to Jackson, Mississippi residents who are unable to work because of their disability.
Our legal team meticulously gathers crucial evidence to support your application and takes the correct procedural steps to increase the likelihood of expedited approval. If your application was denied, you may have options. Our SSDI attorneys pursue your full legal options for reconsideration and appeal. Contact us today to discuss your case.
Rate of SSDI Denials
SSDI application denial is frustratingly common. The Social Security Administration (SSA) approves only about one-quarter of initial SSDI applications, and ultimately only approves approximately half of all applications, including those approved during the reconsideration and appellate phases. The rate of approval has decreased substantially during the past decade, with about one-third denied for technical reasons and about one-fourth denied for medical reasons. The SSA may issue a technical denial if:
- You currently earn above the substantial gainful employment limit
- You did not work enough years, as determined by your age, to pay the minimum required level into the SSDI program
- You have not worked recently enough to maintain the right for SSDI benefits
The SSA may issue a medical denial if:
- Your medical condition does not meet the definition of a disability, as defined by the SSA regulations
- Your medical condition is not likely to last for more than one year or to be terminal
SSA Definition of Disability
The SSA’s definition of disability may differ from definitions used for other purposes, under the Americans with Disabilities Act, for example. To qualify for SSDI, you must meet the SSA’s definition, which is:
- You are not engaged in substantial gainful activity
- Your inability to work arises from your medically-determinable physical or mental impairment
- Your medical condition is expected to result in death or last for at least 12 months
The SSA has already determined that the conditions included on the Listing of Impairments are severe enough to prevent an individual from engaging in gainful employment. You still must show proof that you have the medical condition and its prognosis. The SAA may also nonetheless rule you have a disability if your medical condition is not on the list.
Overcoming Denial of SSDI Application
Our Social Security disability attorneys have experience in submitting successful initial applications that result in prompt initial awards. We are also ready to immediately pursue all options for appeal of the SSA’s decisions until benefits are approved, including:
- Reconsideration: An SSA officer who was not involved in the initial decision reviews your application. The officer considers the evidence that supported the initial application and new evidence that satisfies the SSA’s reasons for rejection.
- Administrative law judge (ALJ) hearing: On appeal from a negative reconsideration decision, a judge reviews the evidence and hears testimony presented by your attorney. During a personal or video appearance, you have the opportunity to answer questions and to make your case for eligibility.
- Appeals Council review: The Social Security Appeals Council reviews unfavorable ALJ decisions. The Council may deny the request for a review, order the AJI to review the case further or review the case itself.
- Federal court lawsuit: The federal court has jurisdiction over SSDI cases. Our SSDI lawyers in Jackson may file a federal lawsuit of wrongfully denied claims.
Call Morgan & Morgan Today
We will guide you through the process of recovering the SSDI benefits for which you qualify. Our experienced Jackson Social Security disability attorneys are ready to discuss your rights and options. Schedule a free case evaluation today.