Social Security And Disability Attorneys in Mississippi

Social Security offers two types of benefits for disabled people: (1) SSDI or Social Security Disability Insurance and (2) SSI or Supplemental Security Income.

SSDI operates much like an insurance policy. While working, you pay Social Security taxes as you would pay a premium for insurance coverage. As you’re doing this, you earn credits. To be eligible for SSDI, you must have enough credits to be “insured” for purposes of SSDI. Therefore, if you become disabled while you are “insured,” then you are eligible to receive SSDI benefits.

When you stop working, you will remain “insured” for a limited time depending on how many credits you earned. If you have worked full time for ten years or more, this limited time may last up to five years. Social Security calls the cut-off date for the “insured” status the “Date of Last Insured” or “DLI.”

SSI, on the other hand, is a need-based program. SSI is available to those who are either (1) disabled; (2) 65 years of age or older; OR (3) blind AND who have limited income and resources. Therefore, whether or not you’ve earned credits is irrelevant.

https://www.ssa.gov/ssi/text-income-ussi.htm

Social Security considers you disabled if the following are true:

1. Because of your medical condition(s), you cannot perform your past work;
2. You cannot adjust to other work; AND
3. Your disability has lasted or is expected to last for at least one year or result in death.

https://www.ssa.gov/benefits/disability/qualify.html#anchor2

Maybe. However, even if you are unable to perform the type of job in which you have training and experience, you may not be disabled if you can transition to other work. Your age, education, and “past relevant work” are major factors in this determination.

Past relevant work is any job that you performed in the preceding 15 years which qualifies as “substantial gainful activity” or “SGA.” To qualify as SGA, you must have worked the job long enough to learn it and earned enough for it to be considered gainful employment. SGA is discussed in more detail below.

Don’t panic, and don’t give up. It is extremely common for initial applications to be denied. If your initial application is denied, then a Request for Reconsideration must be filed within 60 days to avoid your claim being dismissed. If you get denied again after filing a Request for Reconsideration, then a Request for Hearing Before an Administrative Law Judge must be filed within 60 days to avoid dismissal. When this is filed, you will be registered for a hearing date at which you’ll present your case to an Administrative Law Judge.

We can help you at any stage during this process – even if your case already has a hearing date set. In order to achieve your best chance of success, we strongly encourage you to contact us as early in the process as possible.

If you’ve never worked, you may be eligible for SSI benefits. SSI benefits are available to those who are either (1) disabled; (2) 65 years of age or older; OR (3) blind AND who have limited income and resources. Therefore, whether or not you’ve earned credits is irrelevant.

If you’re able to work and earn $1,310.00 per month or more (for 2021), then you are able to perform substantial gainful activity or “SGA.” If you’re able to perform SGA, then you are not disabled.

If you’re working and earning less than $1,310.00 per month, it is possible that your claim could still be approved if your disability prevents you from performing SGA (earning more than $,1310.00 per month). Nevertheless, if you are able to perform part-time or non-SGA work while your disability claim is pending, your claim is much more likely to be denied.

Nothing. We get paid 25% of your past-due benefits, but no more than $6,000.00, as established by the Social Security Administration. Therefore, we only get paid if you get approved. If you get approved but there are no past-due benefits, then you owe us nothing.

It depends on whether you’re approved for SSDI, SSI, or possibly both.

If approved for SSDI, your monthly benefit amount depends on your earnings history. For an estimate of your monthly benefits, click on the link below and create a “My Social Security” account.

https://secure.ssa.gov/RIL/SiView.action

If approved for SSI, the individual maximum for 2021 is $794.00. You may not receive the maximum if you have other income.

If you’re approved for SSDI but you receive a monthly amount less than the SSI individual maximum, then you may be eligible to receive SSI benefits in addition to your SSDI benefits – though your monthly SSI benefits would be reduced based upon the amount you receive for SSDI.