The term "disability" has a very specific meaning when it comes to the allotment of Social Security benefits. The definition of disability is the inability to perform the type of work previously done and the inability to adjust to alternative forms of employment because of a medical condition or injury. Short-term injuries or illnesses are not eligible for Social Security benefits in the state of Mississippi; to qualify, the disability must be expected to last for at least a period of one year or to end in death.
To obtain Social Security disability benefits, apply via the Social Security Administration, who will then perform an investigation into the extent of the injury or illness's impact on one's employability known as the sequential evaluation process. This process involves an analysis of the applicant's current and past work activity, education and potential functionality in the workforce.
In the event that the evaluation process determines that Social Security disability benefits will not be granted to the applicant and she feels that this was a wrongful determination, this decision can be appealed. This entails a review at the state level by individuals who were not involved in the initial evaluation. If the result of that appeal is still negative, it is possible to then have the case reviewed in a formal hearing by an administrative law judge. If she would like to appeal the case again after the hearing, the case can be presented to the appeals council. As a final resort, the case can be filed as a civil suit in the federal district court.
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