Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Mississippi leads southern states in its social security disability denial rate, which is significantly higher than that of neighboring states.
This is especially true in the case of reconsiderations: whereas an average of 12.3 percent of appeals are approved in Tennessee, Arkansas and Louisiana, only 6.7 percent of Mississippi claimants who appeal an initial denial are successful in their appeal.
Dragging Their Heels?
Mississippi also has a reputation for taking much longer to process claims. While most field offices take an average of eight days to determine whether or not a claimant meets financial eligibility requirements, Mississippi Disability Determination Services (DDS) takes an average of 76 days to make such decisions.
This delay has not gone unnoticed by the Social Security Administration (SSA). Six years ago, a new program was introduced in which certain types of disability would be “fast tracked” and a decision made in as little as 10 days. However, the length of time the DDS takes to make its decision is still longer than what the SSA considers to be “reasonable.”
Why Such a High Social Security Disability Denial Rate?
According to Susan Hammett, a retired unit supervisor who worked for DDS for 36 years, the situation is not new. She notes that the Southeast region in general has had higher denial rates than the rest of the nation.
One reason, Hammett says, is that Mississippi claimants are younger – generally in their 20s and 30s – and usually do not have what DDS considers to to be severe disabilities. Such conditions include allergies, minor back pain, depression or diabetes in its early stage, when it can be effectively treated with lifestyle changes (i.e., diet and exercise).
Younger people are often denied benefits because of Social Security regulations in general, which assume that even if they cannot continue in their present occupations, they are young enough to be retrained for other types of employment.
Are Suitable Jobs Available?
While someone with allergies may not be able to continue to work in agriculture, they could conceivably work in other fields – if such jobs are available in their communities. This is an issue that the SSA does not consider, particularly for claimants living in rural communities. “All SSA is concerned with is if you have the physical capacity to do the work, not if the work is available,” Hammett says. “Many people apply for benefits because they could not find work.”
For such individuals in such circumstances, the state offers vocational rehabilitation services.
Documentation is Key
Whether one files a claim in Mississippi or elsewhere, it is important for a claimant to have medical documentation of their condition. Hammett notes that many who do file for benefits lack such documentation. In Mississippi, DDS will refer those without sufficient medical records to a physician for an exam in order to determine the severity of the disability. This can also add to the processing time if services of a specialist is required.
Yet another factor that can delay a decision is when a condition has come on recently. In this case, a decision is usually deferred for approximately three months in order to see how well the claimant recovers or responds to treatment.
Get Help With Your Social Security Disability Benefits Application
You may qualify for legal help with your SSD claim under the following circumstances:
- You are at least 48 years old
- You are being treated by a doctor
- You have worked at least five of the last 10 years
Fill out the form on this page for a free case evaluation.
This article is not legal advice. It is presented
for informational purposes only.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Get Help – It’s Free
Get Help With Your Social Security Disability Benefits Application
If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.
PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.
E-mail any problems with this form to:
Questions@TopClassActions.com.