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What if my disability claim is denied?

You have worked as a construction framer for decades, building house after house. However, a few months ago, you severely injured your back. You’re not sure you can go back to construction work and have considered filing for Social Security disability. But what happens if Social Security denies your claim? What are you going to do then?

Social Security disability basics

First, filing for Social Security disability (SSD) benefits is a multistep process, and you must be disabled and not working for at least a year to apply. Also, in Mississippi, only about 30-35% of applicants will qualify for Social Security disability without having to file an appeal. So, for permanently injured or disabled workers, working with an experienced Social Security claims attorney upfront, to help you file your application, can help boost your chances of your claim’s approval.

An attorney can help you make sure you have all the necessary medical proof documenting your injury or disability—showing when it occurred, how you have responded to treatment and how it prevents you from returning to work.

After you file a claim, a state disability examiner will review it, requesting your medical records from current and past medical providers and clinics. The examiner wants to determine not only if you qualify for disability under Social Security guidelines, but how much payment you are eligible for.

Claim denials

With such a high percentage of claim denials, an attorney who has experience handling Social Security disability claims can make sure to present your best case upon appeal and that you don’t miss any appeal deadlines. You have can appeal multiple times and your best chance for approval is to have a hearing with an administrative law judge.

What injuries or illnesses most qualify for disability?

The claims that are most likely to qualify for Social Security disability include the following:

  • Paralysis
  • Degenerative disc or joint disease
  • Multiple sclerosis
  • Lupus
  • Statutory blindness
  • Total deafness
  • Severe brain injury, leaving mental retardation or significant impairment
  • Cancer
  • ALS (Lou Gehrig’s disease)
  • Kidney failure requiring dialysis or transplant
  • Severe neurological or psychological impairments

Social Security benefits are determined based on how limiting a person’s injury or illness is to perform their work. Again, working with an experienced attorney will help you through this process and make sure you present your case well for having your claim approved.

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Davis Morris Law Firm | 804 West Pine Street | Hattiesburg, MS 39401 | Phone: 601-545-3127 | Map & Directions