What Elements Are Needed for a Social Security Disability Claim?

Prior to understanding what types of medical evidence might be helpful, it’s important to have a general understanding of the necessary elements of a claim for Social Security disability benefits.

There are two types of disability benefits offered by the Social Security Administration. These include:

• Social Security Disability Insurance
• Supplemental Security Income

The benefits are different in some ways. The primary difference is that in order to seek SSDI benefits, the applicant must be “insured.” This means they worked for a sufficient length of time and regularly paid a portion of their salary in taxes to the Social Security Administration. Those who seek SSI benefits do not need to be insured, but instead, must have income and resources below a certain limit established annually by the Social Security Administration.

Beyond their differences, however, these two types of benefits share two things in common. Namely, those who are seeking these benefits must prove the existence of:

• A disabling medical condition exists.
• The condition has rendered the applicant unable to work for at least one continuous calendar year or more.

When making a claim for benefits with the Social Security Administration, an applicant will need to be able to prove these two elements with sufficient medical evidence.

What Type of Medical Evidence is Needed?

In attempting to determine whether a particular condition is a “disability” for the purpose of awarding benefits, the Social Security Administration will consult its Blue Book. The Blue Book is a guide that covers a wide range of conditions and their associated symptoms.

The Social Security Administration will review the medical evidence presented by a claimant to see if their condition is included in the Blue Book. If a condition is not specifically listed, this does not necessarily mean the claim will be automatically denied; it may mean more evidence is needed.

Medical evidence that may be helpful to support a claim includes:

• Physician notes: Notes from a physician who is familiar with your condition and who has treated you for that condition can be extremely helpful in support of a claim for benefits. These notes may include information about your symptoms, how long you’ve had the condition, how it impacts your daily life, what treatment you’ve received, and your long-term prognosis.

• Diagnostic tests: Diagnostic tests like x-rays, CT scans, EKG results, MRI scans, PET scans, and more may be very helpful in confirming symptoms and supporting your claim.
• Physical therapy notes: If you have attended physical therapy for your particular condition, these records may be helpful to support your claim. These records can help not only to show your efforts at recovery, but also to establish the severity of the condition itself.
• Mental health records: If your claim has a mental health component, you will want to be sure not only to include records from a doctor treating any physical condition you have, but also from any mental health professionals that you may see.
• Prescription records: Prescription records, including the medications you regularly take for your condition, can help establish ongoing treatment and show how the condition has responded to treatment over time.

These are only a few examples of medical evidence that you should consider gathering to support your case. Obviously, every case is unique, so you’ll want to be certain to consult with an attorney regarding your particular situation and what evidence might be best. At Muse Disability, we’re here for you.

Call Muse Disability Today

At Muse Disability, we know that when you’re disabled, life can be stressful in many ways. The last thing you need is to add financial stress to your list of worries. We know that’s why you want to do all you can to fight for the benefits you need and deserve – and it’s why we’re here to help. We understand every aspect of the disability claims process, including the types of evidence you’ll need to present your claim in the best possible light. If you trust your claim to us, we’ll fight for you each step of the way – because you deserve nothing less. If you’re ready to get started today, give us a call. We look forward to helping you soon.

Sources

• Social Security Disability Benefit Overview: https://www.ssa.gov/disability
• Evidentiary Requirements: https://www.ssa.gov/disability/professionals/bluebook/evidentiary.htm

The post How Medical Evidence Impacts Your Mississippi Disability Claim appeared first on muse disability.

What Types of Benefits are Available?

Depending on your circumstances, you may be able to seek disability benefits from a variety of sources, including short or long-term disability insurance policies, workers’ compensation benefits, veterans’ benefits, and others. One of the more commonly sought-after types of benefits, however, are Social Security disability benefits.

The Social Security Administration administers two types of disability benefit programs. These include:

• Social Security Disability Insurance: SSDI benefits are benefits that the Social Security Administration pays to individuals who have a disability that has caused them to be unable to work for one continuous calendar year or more, and who are “insured.” To be “insured,” in the eyes of the Social Security Administration, the applicant must have regularly paid employment taxes from a job for a sufficient length of time into the Social Security system.
• Supplemental Security Income: Unlike the case with SSDI benefits, those who seek SSI benefits do not need to be “insured.” Instead, they must have income and resources below a certain limit established annually by the Social Security Administration. They do, however, have to have a condition that the Social Security Administration considers to be a disability, and which has caused them to be unable to work for one continuous year or more.

Depending on your circumstances, you may be able to seek either of these types of benefits. This is known as receiving “concurrent” benefits. Regardless of whether you seek one or both types of benefits, there are steps you can take to make your case stronger.

Strategies for Strengthening Your Claim

It is important to understand, before even filing a claim, that approval is never guaranteed. In fact, the Social Security Administration often denies claims on the initial attempt, with some states having more than 60% of initial claims denied. The good news is that there are appeal options available, and a denial doesn’t mean that you shouldn’t continue to pursue your claim.

Nevertheless, putting your best foot forward the first time is important, and there are many ways to do so. Some of those ways include:

• Presenting ample medical evidence: The importance of this element of a claim cannot be overstated. When the Social Security Administration is considering a claim, one of the very first things it will seek to determine is whether or not the applicant has a disability. In making this determination, the Social Security Administration often consults its listing of impairments, commonly known as the Blue Book. This guide covers a wide range of conditions and their associated symptoms. If you can establish, through sufficient medical evidence, that you have one of these conditions, you will typically increase your chances of approval.
• Be careful and thorough in your application: You don’t want technical errors or accidental application omissions to result in a denial of your claim. When you are completing your application, it’s important to be careful and thorough. Be certain that you sign where you’re supposed to sign, give thorough answers to every question asked, and provide all information that is requested.
• Seek assistance from a knowledgeable and experienced attorney: The importance of this last tip cannot be overstated. Legal matters can often be complicated and confusing – and disability claims are no different. You don’t want to overlook your chance to assert important rights, and you don’t want to make unintentional errors that can be costly down the road.

These are only a few of many ways you might strengthen your claim for disability benefits. Obviously, every claim is unique, and there may be additional ways that you can strengthen your particular claim. Consulting with an attorney is always helpful. At Muse Disability, we’re here for you.

Call Muse Disability Today

At Muse Disability, we know that when you’re struggling with a disability that has caused you to be unable to work, disability benefits can be tremendously helpful in relieving financial stress. That’s why we know how worried you may feel about making sure you do everything possible to present the best claim you can. The good news is, you don’t have to worry and wonder alone. We’re here to help. Our knowledgeable and experienced team of attorneys understands every aspect of the disability claims process, and we’ll always pursue the best legal strategies on your behalf. If you’re ready to get started today, give us a call. We look forward to helping you soon.

Sources

• Social Security Disability Benefit Overview: https://www.ssa.gov/disability
• Information Needed to Apply for Benefits: https://www.ssa.gov/forms/ssa-16.html

The post Tips to Build a Strong Disability Claim in Mississippi appeared first on muse disability.

What is the Claims Process Like?

Before you decide to file a claim for disability benefits, it can be helpful to have a general idea about what the claims process typically looks like. It goes without saying that every case has its own unique circumstances, but as a general rule, the process of filing a claim consists of:

• Gathering and organizing evidence: Any claim for disability benefits must be supported by sufficient medical evidence. The Social Security Administration will need to see that you have a medical condition that it considers to be a disability, and that the condition has caused you to be unable to work for at least one continuous calendar year or more. Establishing this will require presenting medical records documenting your condition and, potentially, other evidence, such as employment records, depending on your case.
• Completing the application: This is essentially the “paperwork” aspect of filing a claim. You can access an application on the Social Security website at www.ssa.gov. While you can complete the application on your own if you choose to do so, you should know that you run the risk of not including important information or otherwise overlooking something that the law requires. Having a disability advocate can help to ensure that you’re fully complying with the law and putting your best foot forward.
• Awaiting a decision: This is perhaps the most frustrating part of the process – because the timing of a review and decision on the claim will depend largely not only on the complexity of the claim, but also on how busy the Social Security Administration is at the time.
• Appealing if necessary: It’s important to be aware that your claim may be denied on your first attempt. If this happens, you shouldn’t panic, as in some states, more than 60% of claims are initially denied. The good news, though, is that an appeals process is available. It will be important to have a disability advocate on your side who knows and understands the stages of the process, and who can advise you about your particular circumstances.

Understanding the typical steps of the process can provide peace of mind – but that peace of mind can diminish quickly if you don’t have an advocate who knows and understands the law to help you.

While hiring a disability advocate is not required to pursue a claim, it’s always advised. Let’s take a look at a few of the many advantages of hiring a disability advocate.

Why Hire a Disability Advocate?

Hiring a disability advocate can make navigating the claims process much easier and can provide much-needed peace of mind. Some of the ways an advocate can help include:

• Providing personalized advice: The law can be complicated, and without someone who understands it to advise you, you may overlook important steps. An advocate will be able to review your claim and provide personalized advice for your situation.
• Gathering necessary proof: As we have discussed, a disability claim will require medical proof, and in many cases, employment records and other types of information as well. An advocate will be able to assess your case and assist you not only with gathering the evidence you need but also with organizing it to best support your case.
• Assisting with appeals: Depending on the complexity of your case, the appeals process may also be complicated and, at times, confusing. An advocate who knows and understands the law can help you navigate that process.

These are only a few of the many ways that an advocate might be able to help in your case. Talking with an advocate yourself regarding your particular circumstances can provide even further clarity as you move forward with your claim. At Muse Disability, we’re here for you.

Call Muse Disability Today

If you live in Mississippi and you are struggling with a disability, you have more than enough to worry about without adding stressful legal matters into the mix. You don’t need to wonder whether you’re doing all you can to assert your rights as you seek the benefits you need. The good news is, you don’t have to. Instead, you can turn to us. Our talented and experienced team of attorneys knows and understands every aspect of the disability claims process, and we’ll always pursue the best legal strategies on your behalf. If you’re ready to get started today, give us a call. We look forward to helping you soon.

Sources

• Social Security Disability Benefit Overview: https://www.ssa.gov/pubs/EN-05-10029.pdf

• Benefits of Hiring a Disability Advocate: https://www.nolo.com/legal-encyclopedia/should-i-hire-social-security-disability-advocate.html

The post Filing a Disability Claim in Mississippi: Do You Need Help? appeared first on muse disability.

What Types of Benefits Are Available?

The Social Security Administration has two different disability benefit programs, and which type of benefit to seek will depend on your circumstances. They include:

• Social Security Disability Insurance: Social Security Disability Insurance (SSDI) benefits are benefits that the Social Security Administration provides to applicants with an employment history that lasted for a significant length of time and included regular payments from the employee’s salary as employment taxes into the Social Security system. To the Social Security Administration, these individuals are considered “insured” for the purpose of receiving benefits. In addition to being “insured,” these individuals must also have a disabling medical condition that has rendered them unable to work for at least one continuous calendar year or more.

• Supplemental Security Income: Supplemental Security Income, or SSI benefits, are also intended for applicants who have a disabling medical condition that has caused them to be unable to work for at least one continuous calendar year or more. Unlike the case with SSDI benefits, however, an individual need not be “insured” to be approved. Instead, they must have income and resources below a certain annual limit established by the Social Security Administration. This is because SSI benefits are funded through the general revenue and not through employment taxes as SSDI benefits are.

Regardless of which type of benefit you seek, it is important to understand that there is a maximum monthly amount you can receive each month. That amount typically changes from year to year in accordance with various economic factors. In 2026, the maximum amount of SSDI benefits that an individual can receive is $4,152. The maximum amount of SSI benefits that an individual can receive in 2026 is $994 for an individual, or $1,491 per couple.

How Are Benefits Calculated?

If you’re wondering how much you might receive in SSI or SSDI benefits, it’s important to understand that exact calculations will depend upon your particular circumstances. As a general rule, however it is important to remember that other than for rare exceptions, such as in the case of blindness, your particular condition (or its severity) will not affect the amount of benefits that you receive. Instead, the calculation is based on a variety of factors with work and earnings history and income and resource level being among the most important.

What Are Concurrent Benefits?

You may be considering all of this and wondering if you might be able to receive both types of benefits at the same time. This is an understandable question to ask – and the short answer is yes. This is known as receiving “concurrent” benefits. While this may sound promising, it is important to understand that even those who are receiving concurrent benefits, will not be able to receive over the maximum monthly amount.

In addition to the benefit payment you receive each month, depending on the state you live in and your particular circumstances, you may also be able to receive certain healthcare benefits, or other benefits unique to the state that you live in. Consulting with an attorney regarding the laws in your state, and your particular situation is always advised.

It’s also helpful to remember that if the benefit amount is not as much as you would ideally like to receive, you may have the possibility of returning to work in the future. If your disability begins to improve or even resolves entirely, the Social Security Administration may offer a variety of incentives as you attempt to return to work. While being disabled is never easy, recovery may be possible and a brighter chapter might be around the corner.

Muse Disability – Here For You

At Muse Disability, we are passionate about helping our disabled clients through a difficult time with the right blend of compassion and experienced legal representation that they deserve. When you trust your claim to us, you don’t have to worry about whether you’re doing all you can to protect and pursue your rights. We’ll work with you each step of the way to pursue the benefits you need, and we’ll always keep you informed and involved in your case. If you’re ready to get started, give us a call today. We look forward to helping you soon.

Sources

• Calculating Disability Benefits: https://www.ssa.gov/disability/amount
• Concurrent Benefits: https://www.ssa.gov/redbook/eng/supportsexample.htm
• Overview of Disability Benefit Programs: https://www.ssa.gov/redbook/eng/overview-disability.htm

The post How Much Money Can You Receive From SSI Disability? appeared first on muse disability.

What is Medicare?

Medicare is a federal health insurance program administered by the United States Department of Health and Human Services. Because it is a federal program, it has nationwide standards for coverage and costs, and coverage will be the same for all recipients, regardless of their state of residence. Medicare is funded by the United States Treasury, and recipients typically pay a portion of the costs through monthly premiums, deductibles, and co-insurance.

Medicare recipients are typically initially enrolled in what is known as “Original Medicare,” which consists of:

• Medicare Part A: Medicare Part A helps to cover inpatient care in hospitals and skilled nursing facilities (not custodial or long-term care). It also covers some home health care and hospice care.
• Medicare Part B: Medicare Part B is medical insurance that helps cover doctor’s appointments, outpatient care, home health services, mental health care, some outpatient prescription drugs, and other medical equipment and services. It also covers preventative care.

Other elements of Medicare include:

• Medicare Advantage (Previously known as Part C): This is a Medicare-approved plan often purchased from a private company that bundles Part A, Part B, and often Part D (prescription drug coverage) into one plan.
• Medicare Part D: Medicare Part D is coverage intended to help with the cost of prescription drugs.

Sometimes recipients also choose to purchase a Medicare Supplement Insurance (Medigap) policy from a private insurance company to cover some costs that Medicare does not pay.

How is Medicare Different from Medicaid?

You have likely also heard of Medicaid, which is also a federally administered program, but which differs from Medicare in important ways. Medicaid is a program jointly administered by the federal government and the states and intended for individuals with low income and limited resources. Although the federal government has certain rules that states must follow, each state typically administers its own program. As a result, specific requirements and benefits may vary by state.

If you are under the age of 65 and you do not qualify for Medicaid because your income is too high or for any number of other reasons, you may wonder if you can receive Medicare instead. In some circumstances, that may be possible.

Exceptions to the Medicare Age Requirement

The truth is that there are not many exceptions to the Medicare age requirement, but the exceptions that do exist are important, especially for disabled individuals.

There are two common ways to receive Medicare before the age of 65. They include:

• Receiving SSDI benefits for at least 24 months: If you are disabled and you have been approved for Social Security Disability Insurance (SSDI) benefits, you may also begin accessing Medicare services if you have been receiving your SSDI benefits for at least 24 months. Those who meet all the criteria for Social Security Disability are generally automatically enrolled in Parts A and B. Those who don’t receive SSDI benefits but instead receive SSI benefits will not automatically be enrolled in Medicare, but will likely be able to receive Medicaid benefits for their healthcare needs.
• Having a specified disability: Although most people who are disabled and under age 65 must wait for 24 months before receiving Medicare, even if they receive SSDI benefits, there are two important exceptions to this rule. These exceptions exist for individuals who suffer from End Stage Renal Disease (ESRD) or Amyotropic Lateral Sclerosis (ALS, also known as Lou Gehrig’s Disease).

People with disabilities enrolled in Medicare will receive the same benefits as those enrolled because of age. These benefits are obviously very important and helpful for disabled individuals, especially when they are unable to work and earn income to pay for healthcare needs.

Muse Disability – Here for You

At Muse Disability, we’re passionate about helping our clients through a difficult chapter and on to a better and brighter chapter ahead. We know that struggling with a disability can feel overwhelming, and it can be hard to know how to take the first step forward. That’s why we’ll be here to provide you with the knowledge and guidance you need to move your claim forward. If you’re ready to get started, we would love to learn your story and let you know how we can help. Give us a call today. We look forward to speaking with you soon.

Sources

• Medicare Overview: https://www.hhs.gov/answers/medicare-and-medicaid/what-is-the-difference-between-medicare-medicaid/index.html
• Difference Between Medicare and Medicaid: https://www.hhs.gov/answers/medicare-and-medicaid/what-is-the-difference-between-medicare-medicaid/index.html
• Social Security and Medicare: https://www.ssa.gov/pubs/EN-05-10043.pdf

The post Medicare Eligibility Under Age 65: What Disabilities Qualify? appeared first on muse disability.

What is the “Substantial Gainful Activity” Limit?

Although the law can seem complex, the general rule concerning an attempt to return to work is that an individual cannot do so long-term and continue to receive benefits if they are consistently earning above the “substantial gainful activity” limit.

The Social Security Administration uses the term “substantial gainful activity” to describe a particular level of work activity and earnings. It generally considers work to be “substantial” if it requires that an individual engage in significant physical or mental activities, and “gainful” if it is performed for pay or profit and is of a nature generally performed for pay or profit.

For those engaged in substantial gainful activity, the Social Security Administration sets an annual limit on earnings without risking discontinuation of benefits. In 2026, the SGA limit for blind individuals is $2,830 per month, while the SGA limit for non-blind recipients is $1,690 per month.

While this may sound concerning, it’s important to remember that even if your benefits are discontinued, you will ideally be earning income to replace them. It’s also important to understand that benefits will usually not terminate immediately. Typically, the Social Security Administration allows a “trial work period” to occur before benefits are discontinued.

What is a “Trial Work Period”?

As it sounds, the “trial work period” is a period in which disability benefit recipients can attempt to return to work without losing access to their disability benefits. After all, many who may want to return to work might feel reluctant to do so if they felt that their benefits might immediately be discontinued.

The trial work period usually lasts for nine months, although those nine months do not have to be consecutive. Instead, they exist within a rolling 60-month period. The trial work period is automatically initiated when a beneficiary earns above the SGA amount in a given month. In some cases, a beneficiary may work for one month in a new job, find it not a good fit, and then try another job a few months later. As we have noted, the nine months do not have to run consecutively, so the time the employee was not working will not typically count toward the trial work period.

It may also be helpful to know that even after the nine-month trial work period ends and benefits are set to be discontinued, there is generally a 36-month grace period. During the grace period, at any time in the 36 months that you earn less than your SSDI benefit amount, you may request to collect your benefit to compensate for the difference.

A Look at Return-to-Work Incentives

Ultimately, the Social Security Administration wants recipients to be able to return to work. In addition to offering the trial work period, the Social Security Administration offers other incentives for those attempting to return to work. One important incentive that many recipients often choose to use is the Ticket to Work program.

The Ticket to Work program offers a variety of resources to help those attempting to return to work. Some of these resources include vocational rehabilitation, job training, and other forms of employment-related assistance. During an individual’s participation in the Ticket to Work program, disability benefits typically continue uninterrupted and in the full amount.

Muse Disability – Here For You

At Muse Disability, we know that your disability benefits are very important to you. We know that they can make a significant difference as you try to provide for yourself and your family during a very difficult time. That’s why we’re here to help you do all you can to protect those benefits and pursue your legal rights under the law. Our talented and experienced team of attorneys understands every aspect of disability benefits law, and we’d love to learn your story and let you know how we can help. If you’re ready to get started today, give us a call. We look forward to speaking with you soon.

Sources:

• Social Security SGA Limit: https://www.ssa.gov/oact/cola/sga.html
• Social Security Ticket to Work Program: https://www.ssa.gov/work/
• Social Security Trial Work Period: https://www.ssa.gov/oact/cola/twp.html

The post How Many Hours Can You Work While on Disability? appeared first on muse disability.

A Look at the Law

If you are currently receiving veteran’s disability benefits, you likely already know that these benefits are intended for veterans who have a current physical or mental disability that was caused by their military service. In addition, those who receive these benefits must have been honorably discharged, and must have a disability that was not caused by willful misconduct. Benefits may cover a variety of conditions, and the monthly benefit amount is calculated depending upon the severity of the disability and a variety of other factors.

As a general rule, your spouse will not be able to receive your veterans’ disability benefits after you die. While this may seem unfortunate in some respects, the good news is that your spouse will likely not be entirely without support. There are other benefits that your spouse may receive, including a monthly benefit known as Dependency and Indemnity Compensation, or DIC for short.

DIC benefits are tax-free benefits which are paid to the spouse of a disabled veteran after they pass away. Additionally, these benefits are typically also available to family members of military men or women who pass away during active duty or training, even if they were not disabled prior to that time. Consulting with an attorney regarding your situation and whether or not your spouse may be able to receive these benefits is always advised.

What Other Benefits May be Available?

If you have read through all of this information and you still feel concerned about providing for your spouse after your death, that’s understandable. It’s normal to worry about providing for those you love, and this is especially true if you pass away. The good news is that even beyond veteran-specific benefits, there may be other benefits available to your spouse after your passing, depending on your circumstances. These may include:

• The Veteran’s Survivor’s Pension: The VA Survivors Pension, also known as the Death Pension, is a monthly, tax-free payment for surviving spouses or unmarried children of veterans who were honorably discharged. The spouse or child must have income below a certain limit established by law, as this is a needs-based benefit.
• Social Security survivor benefits: Social Security survivor benefits are benefits that include monthly payments as well as a one-time death payment to eligible family members (which may include spouses, ex-spouses, children, dependent parents, or others depending on the circumstances) of those who have passed away and paid money into the Social Security system. There are a variety of conditions for applying, including age, the relationship to the deceased, and other factors.
• Life insurance policy benefits: Depending on your circumstances you may have a life insurance policy that you obtained privately, or one may have been provided through your employer. Regardless, if you pass away, depending upon your age and other terms and conditions included in the policy, your spouse may be able to collect benefits under that policy.

Depending on your situation, there may be other support options available to your spouse as well after your passing. Because the law can be complicated and a variety of options may be available, consulting with an attorney who knows and understands the law is always advised. At Muse Disability, we’re here for you.

MUSE DISABILITY – HERE FOR YOU

At Muse Disability, we want you to know that if you are a veteran, we value you and we honor your service to our country. Thank you for all you have done. We also want you to know that we are here for you. We want you to know that we understand how important your disability benefits are and what a difference they make for your family. That’s why we’re here to help you do all you can to preserve and protect those benefits. Our talented and experienced team of attorneys knows and understands the law pertaining to these benefits and we are always here to help. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.

Sources:

• Veteran’s Disability Benefits: https://www.va.gov/disability/
• Veteran’s DIC Benefits: https://www.va.gov/family-and-caregiver-benefits/survivor-compensation/dependency-indemnity-compensation/
• Social Security Disability Benefits – Overview: https://www.ssa.gov/redbook/eng/overview-disability.htm
• Social Security Survivor Benefits: https://www.ssa.gov/survivor

The post Do Spouses Receive Veterans Disability Benefits After Death? appeared first on muse disability.

If your condition is one that will likely resolve in a year or less, you may be interested in pursuing short-term disability benefits. You may have a variety of questions about those benefits, though, and that’s understandable. One question we’re often asked is – can I be fired if my short-term disability is denied? Let’s take a closer look at the law together.

What is Short-Term Disability?

Short-term disability is insurance that is intended to replace a portion of your income when you are unable to work as a result of a temporary illness or injury that is expected to resolve in less than a year. Some examples of conditions that may be covered by short-term disability include recovery from surgery, healing from a broken bone, childbirth, and other similar conditions that may have significant symptoms for the short-term, but that are also expected to resolve within a relatively short period of time. Typically, short-term disability replaces around 50 to 70% of an individual’s income while they cannot work, although policy terms will vary. Often, short-term disability policies are provided by employers, though they can also be obtained privately.

How Do You Pursue Benefits?

If your employer provides your short-term disability policy, the human resources officers at your place of employment should be able to inform you of the conditions of the policy and how you should make your claim for benefits. Often, this will involve gathering sufficient medical evidence of your condition and its impact on your daily life, presenting it to the insurer, completing any necessary paperwork, and providing other required information.

After the insurer reviews the evidence that you present along with your application, they will render a decision on your claim. If your claim is approved, benefits will likely begin shortly thereafter. If your claim is denied, you may wish to appeal the denial. This is a decision you should make in consultation with your attorney to be certain you are best pursuing and protecting your rights.

What if Your Claim is Denied?

If your claim for short-term disability benefits is denied, the insurer will typically inform your employer of the denial. At that point, your employer may reach out to you to find out when and if you will be returning to work. If you inform your employer that you cannot immediately return to work, there is a possibility that your employer could accuse you of what is known as “job abandonment.” Typically, job abandonment is failing to show up for work without a valid excuse. If short-term disability benefits are denied, an employer may try to make this claim if the employee does not return to work.

It’s important to understand that declining to return to work may not always result in automatic termination. Depending upon your circumstances, you may be covered by the Family and Medical Leave Act, or FMLA, for short. Generally, FMLA applies to employers with 50 or more employees within a 75-mile radius and to public agencies, schools, and most federal employees.

If you have approved, unexpired leave under FMLA, you may take that leave without fear that you can be terminated for job abandonment. In other cases, you may be able to seek protection under the Americans with Disabilities Act or other applicable local, state, or federal laws.

It’s important to realize, however, that FMLA does not last indefinitely, and in certain situations, other protections may not apply. If your short-term disability request is denied and you ultimately decide not to return to work, your employer could have the right to terminate your employment. Ultimately, if you have questions about your specific situation, it’s best to contact an attorney who understands the law and can provide you with personalized advice.

Muse Disability – Here for You

When you are struggling with a disability that has rendered you unable to work, any benefits that may relieve financial stress are probably tremendously important to you. After all, being unable to work doesn’t make bills stop arriving – and this can be very stressful. At Muse Disability, we understand that – and it’s why we’re here to help. We know and understand every aspect of the law about disability benefits, and we’ll always pursue the best legal strategies on your behalf as you seek the benefits you need and deserve. If you’re ready to get started, give us a call today. We look forward to helping you soon.

Sources:

• Short-Term Disability – What it Is and How it Works: https://www.adp.com/resources/articles-and-insights/articles/s/short-term-disability
• What is FMLA:  https://www.dol.gov/agencies/whd/fmla/faq
• The ADA: https://www.ada.gov/topics/intro-to-ada

The post Denied Short-Term Disability: Can Your Employer Fire You? appeared first on muse disability.

What Types of Benefits Are Available?

The Social Security Administration offers two types of disability benefits, which may be available depending on your circumstances. These include:

• Social Security Disability Insurance: Social Security Disability Insurance, or SSDI for short, is a type of disability benefit provided by the Social Security Administration to individuals who have a disabling condition that has caused them to be unable to work for at least one continuous calendar year, and who are insured. The Social Security Administration considers an individual to be insured if they worked a qualifying job through which they regularly paid employment taxes into the Social Security system for a sufficient amount of time.
• Supplemental Security Income: Supplemental Security Income benefits, also known as SSI benefits, are benefits that the Social Security Administration provides to individuals who have income and resources below a certain annual limit determined by the Social Security Administration. Unlike the case with SSDI benefits, those who seek SSI benefits do not need to be insured. They do, however, need to have a disabling condition that has rendered them unable to work for at least one continuous calendar year or more.

Depending upon your circumstances, you may seek one or both types of benefits. An attorney can advise you as to the best course of action for your particular situation. It is important to understand, however, that the type of benefit you seek will not depend upon the particular condition you have. While this is true, the Social Security Administration must still determine that your condition is a disability before it will provide benefits.

Are Depression and Anxiety Considered Disabilities?

This is an important question to ask, as the Social Security Administration only provides benefits for conditions that it considers to be disabilities.

To determine whether a particular condition is a “disability” for the purpose of awarding benefits, the Social Security Administration will review medical evidence submitted by the applicant in consultation with its Listing of Impairments, more commonly known as the Blue Book.

The Blue Book is a guide that contains a wide variety of conditions and their accompanying symptoms. Those who have a condition included in the Blue Book and can provide medical evidence substantiating that condition will generally increase their chances for approval of benefits. If a condition is not specifically listed in the Blue Book, however, an applicant shouldn’t panic. It may simply mean that additional medical proof is necessary.

Fortunately for those who struggle with depression or anxiety or both, these are conditions recognized in the Blue Book as disabilities. In Section 12.00, the Blue Book recognizes a variety of mental health conditions related to anxiety and depression, including, among others:

• Generalized Anxiety Disorder (GAD)
• Obsessive-Compulsive Disorder (OCD)
• Agoraphobia
• Panic Disorder
• Social Anxiety Disorder

Simply stating that you have anxiety or depression will likely be insufficient, however. Instead, you will need to gather medical evidence documenting your condition and its symptoms. The Social Security Administration will also want to review evidence of functional criteria, essentially seeking to make an assessment of how your particular condition impacts your daily life. All of this evidence will then be reviewed to determine whether or not benefits will be awarded.

Understandably, knowing what evidence to gather to best prove your claim may feel overwhelming. The good news is that you don’t have to make these decisions alone. Consulting with an attorney regarding your particular situation and the best evidence to make your case will be essential.

Call Muse Disability Today

At Muse Disability, we know that being disabled is difficult in many ways. It can be challenging simply trying to adapt to a complicated medical condition, and the last thing you need when you find yourself in this situation is added stress and worry over complex legal matters. Fortunately, there is help available. Our talented and experienced team of attorneys understands every aspect of the law governing the disability benefit claims process, and we will always pursue the best legal strategies on your behalf. You deserve nothing less. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.

Sources

• Overview of Social Security Disability Benefits: https://www.ssa.gov/redbook/eng/overview-disability.htm
• Disability for Mental Health Disorders: https://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult

The post Depression and Anxiety Disability Compensation: How Much You May Get appeared first on muse disability.

What Types of Benefits Are Available? Short-Term and Long-Term Disability Policies

If you are seeking benefits, it is important to know that a variety of options may be available, depending on your circumstances. In some cases, employers provide short-term or long-term disability policies that may provide benefits for your condition, or you may have obtained one of those policies yourself. If this is the case, you will want to review the policy terms, in consultation with an attorney if necessary, to determine whether it applies to your situation. Benefit amounts under these policies will vary, as will the duration of benefits.

Social Security Disability Benefits

Another common type of disability benefit are those paid by the Social Security Administration. The Social Security Administration offers two types of disability benefits, which you may seek depending upon your particular circumstances. These include:

• Social Security Disability Insurance: Social Security Disability Insurance, or SSDI benefits, for short, are benefits that the Social Security Administration pays to individuals who have a disabling condition that has rendered them unable to work for one continuous calendar year or more, and who are “insured”. To the Social Security Administration, being insured doesn’t mean having a particular insurance policy, as it may sound. Instead, it means that the applicant worked at a job for a sufficient length of time and paid employment taxes from that job into the Social Security system. The maximum amount of SSDI an individual can receive in 2025 is $ 4,018 per month.
• Supplemental Security Income: As with SSDI and SSI benefits are intended for individuals with a disabling condition that has caused them to be unable to work for one continuous calendar year or more. Unlike SSDI benefits, however, those who are seeking SSI benefits do not need to be insured. To receive SSI benefits, however, an applicant must have income and resources below a specific limit set annually by the Social Security Administration. This limit changes from year to year, so consulting with an attorney about the limits for the year you apply will be essential. In 2025, the maximum amount of SSI benefits that can be received each month is $967 for an individual and $1,450 for a couple.

Regardless of the type of Social Security benefit you intend to pursue, the application process will generally follow the same pattern.

What Does the Application Process Look Like?

Although everyone’s experience of the claims process will be slightly different, generally, it includes:

• Consulting with an attorney: This is an essential first step of the claims process. Having an attorney who knows and understands the law to guide you through the process can make a tremendous difference between a smooth experience and a stressful one.
• Gathering necessary evidence: With guidance from your attorney, you will want to gather all necessary information to prove your claim. This will include medical records regarding your condition and how it affects your daily life, and may also include any relevant employment information regarding how your condition impacts your ability to perform your job duties.
• Completing all required paperwork and application: While the general application information can be found on the Social Security website at www.ssa.gov, it is always wise to have an attorney guide you through the application process.
• Awaiting a decision: Depending on how busy the Social Security Administration is at the time, an initial decision may take a few months. If you are approved, benefits should begin shortly thereafter. If denied, you may want to pursue the next stages of the appeals process. Consulting with an attorney regarding the best option for your particular situation is always advised.

If all of this information seems overwhelming, that’s understandable. The good news is, you don’t have to go through this process alone. At Muse Disability, we’re here for you.

Call Muse Disability Today

If you live in Louisiana and are considering whether to file a disability benefits claim, you should know that this is not a decision you have to make alone. The law can seem complicated and confusing, and it can be frustrating to have many questions and no answers. The good news is, there is help available. At Muse Disability, our knowledgeable and experienced attorneys are here for you. We would welcome the opportunity to learn your story and discuss your options with you. If you’re ready to take the first step today, give us a call. We look forward to speaking with you soon.

Sources

1. Social Security Benefit Types: https://www.ssa.gov/benefits
2. Social Security Benefit Amounts: https://www.ssa.gov/oact/cola/Benefits.html
3. Applying for Social Security Benefits: https://www.ssa.gov/apply

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