Injured workers here in Mississippi often come to me with questions about social security disability benefits, which are available to those whose injuries are so debilitating that they are unable to work. Social Security Disability (SSD) benefits provide a monthly payment to help with the injured worker’s living costs.
If you have been severely injured at work and are unable to return to work, you may be eligible for SSD benefits, but you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
Necessary Steps When Applying for SSD
The first step to attaining SSD is to determine whether you are eligible. Imagine the year is broken into four quarters. You must have worked in a social security covered position for 40 quarters—a total of ten years—to be eligible for SSD benefits. The quarters do not have to be consecutive, and there are exceptions to this rule, but generally speaking, you need your “40 quarters” of work to apply for the program. Working “under the table,” for cash, or in a position where you did not pay into the social security system does not count towards your quarters.
Second, you must make your application for SSD within five years of when you stopped working within the social security system. This generally means that your application must be made within five years of your last working “quarter.” The last day of your last quarter is called your “date last insured.”
Finally, if you have your forty quarters and are applying for benefits within five years of your date last insured, you still have to clear the most challenging obstacle to attaining SSD benefits. The final obstacle is proving that your injury prevents you from being gainfully employed. There is no black and white standard for establishing the severity of your injury; instead, it is based on the subjective analysis by a social security administration employee. It is impossible to say who will and will not be granted SSD; however, several factors are relied upon routinely.
Factors most often coming into play for SSD determinations are age, education level, and work history. The older you are, the more likely you are to be declared unable to work. The government is very hesitant to provide benefits for someone in their 30’s, as that means the government will be making payments for decades and decades into the future. The less educated you are, the more likely you are to receive SSD benefits. An injury can permanently sideline a blue-collar worker who uses his or her hands to work but is less likely to keep a white college employee who sits at a desk from being re-employed. For similar reasons, your work history is also important. If you have fished the Gulf commercially for thirty years, you may lack the training to transition to a new field quickly. The inverse is true for a manager with a business degree who has worked in a number of fields over two decades.
What Should You Do If Your Injury Prevents You from Working?
If your injury prevents you from working, you may be eligible for SSD benefits. However, as described above, this is a multi-step process with subjective standards. You will need an experienced worker’s compensation attorney to prove that your injury truly prohibits your re-employment. Let experienced counsel take care of essential tasks that a personal injury attorney can handle for you while you concentrate on healing.
Contact the experienced Mississippi Worker’s Compensation Attorney at Barrett Law if you have a serious injury preventing you from working. Contact us now at (800) 707-9577.
