How Long Does a Social Security Disability Decision Take?

When applying for Social Security Disability (SSD) benefits, it’s important to note that it can take time to obtain them. Data from the Social Security Administration shows that more than 70 percent of applications are initially denied, and the appeals process can stretch the process out even longer.

One of the first things that a SSD attorney hears from a prospective client is, “How long will it take for me to obtain Social Security Disability benefits?” The truth is that there’s no universal answer. But hiring a knowledgeable Social Security Disability lawyer can improve your chances of getting the outcome you want.

Attorney Derek L. Hall and his team have spent more than two decades helping Mississippi residents get the SSD benefits they deserve. We’ll be there for you at every step along the way, providing the personalized, one-on-one attention you need. We also make sure to return all phone calls and emails within 24 hours.

The sooner you speak to one of our SSD lawyers, the faster we can start working to get you the disability benefits you deserve. Get a free initial consultation by calling our Jackson office or filling out our online contact form.

Initial Application and Reconsideration Decisions

Barring certain exceptions for specific illnesses or special cases, the earliest you could begin receiving Social Security Disability benefits is upon the approval of your initial application. In Mississippi, Social Security Disability claims are handled by the state Disability Determination Services agency, which operates under the Department of Rehabilitation Services. It typically takes anywhere from 30 to 120 days from the initial application date for the application to be reviewed and processed.

If your initial application is reviewed and approved, you’ll start receiving benefits shortly after your approval, usually within a matter of days. However, if your initial application is denied, you’ll need to apply for a reconsideration, which is the first step in the appeals process. You can also submit additional evidence to support your claim.

It’s a good idea to speak to an experienced SSD lawyer before starting the appeals process. An attorney can help you collect the evidence you need for a complete and convincing claim.

Once you’ve submitted your claim for reconsideration, it will likely be another three to four months before you find out whether your application was approved. Data suggests only about 30 percent of reconsideration applications are approved, so expect to wait before hearing about your benefits decision.

Appealing Social Security Disability Decisions

If your application for benefits is still denied after you’ve submitted it for reconsideration, your next step is a formal hearing before an Administrative Law Judge. You’ll need to gather additional evidence to support your claim, and it can take more than a year before you’ll get a chance to present your evidence before a judge. Again, having an attorney during this phase can be incredibly valuable and improve your chances at a favorable outcome.

While it’s frustrating that the process can take so long, it’s important to use the time you have productively to give yourself the best chance at having your claim approved. Every denial and additional appeal will add more time before you can start receiving your benefits.

If your appeal before the Administrative Law Judge is denied, you can make another appeal to the Social Security Administration’s Appeals Council. This process can take another year or so, depending on factors like the complexity of your case and how many cases are pending before the Appeals Council. It’s important to note that the Appeals Council has the right to refuse your application for an appeal, and in most cases, they end up affirming the decision of the Administrative Law Judge.

Should your appeal to the Appeals Council be denied, the final step in the appeals process is to request a hearing in federal court. Again, this process varies by state and region, depending on the caseload of the court in question. It can take up to 18 months or so to get a decision if you make an appeal in federal court. Because federal court appeals are your final option to obtain Social Security Disability benefits, getting help from a knowledgeable and experienced SSD lawyer is essential.

Tips For Getting Approved Fast

While obtaining Social Security Disability benefits may seem like an uphill battle, there are a few things you can do to increase your chances of being approved quickly.

Consider these tips:

• Make sure you include as much information as possible in your application. Most applications are denied at the initial stage because of a lack of evidence. Taking the time to obtain as much supporting evidence as possible in the early stages could end up saving you time in the long run by avoiding the appeals process.
• If you’re in dire straits, make that clear in your application. There’s a process in place to expedite disability claims for those who are in danger of running out of food, about to lose their home, or can’t get the medical care they need. If you meet any of these conditions, make a note of it in your application.
• If you have a terminal condition, say it. The Social Security Administration will expedite your claim if you can show you have a life-ending illness.
• See if you qualify for a “compassionate allowance.” Those with certain medical conditions that meet the Social Security Administration’s definition of disability can have their applications approved in a matter of days. See if your condition is on this list of qualifying illnesses.
• Check whether you qualify for Supplemental Security Income (SSI) benefits through a “presumptive disability.” There are a handful of illnesses that qualify someone for up to six months of benefits automatically while their application is processed. You can learn more here.
• Veterans who served in active duty can also have their claims expedited. If you are a veteran, be sure to let the Social Security Administration know.

Contact a Social Security Disability Lawyer

If you’re suffering from a disability and need support, a Social Security Disability lawyer from Derek L. Hall, P.C. can be your greatest advocate and ally. We can help you fill out your application, collect the evidence you need, and meet all deadlines to give you the best chance of success at the initial application level.

Has your application already been denied? No problem. We’ll keep working to find compelling evidence that substantiates your claim for the SSD benefits you need.

Ready to talk to a Mississippi Social Security Disability lawyer? Call or contact us today for a free consultation.

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What Are the Three Types of Product Liability Claims?

When consumers purchase a product, it’s reasonable to expect that it will perform as advertised. Unfortunately, some products fail to deliver on their promises — and when they do, the consequences can be deadly.

Were you injured by a defective product in Mississippi? You could have a valid product liability claim against any or all of the parties that ultimately placed the product in your hands.

Your product liability claim will likely be based on one of the three types of product defects: a design defect, a manufacturing defect, or a marketing defect. In some instances, your claim may even involve multiple defects. An experienced product liability attorney can help determine your legal options and fight for the compensation you’re owed.

At Derek L. Hall, P.C., we have over 25 years of experience representing Mississippi accident victims who are injured in accidents caused by someone else’s recklessness. Let us put our results-oriented approach to work for you.

We can get started on your product liability claim today. Call or contact us for a free consultation.

What is Product Liability?

In order to proceed with a product liability case, you must prove that you were injured by the product while using it as intended.

There are three primary ways to show that a product is defective:

Design Defect

Some product liability claims arise because the design of the product is flawed and inherently unsafe. This means that from the start, a product with a design flaw is unreasonably dangerous and increases the risk of injury or death to the consumer.

A mistake in a product’s design will affect every item that is made using that design. Many times, design defects involve large-scale recalls.

Some examples of design defects include a battery that catches fire when it is being used within its capacity, or an infant’s toy that is designed with small parts that could be a choking hazard.

Another well-known example of a design defect is the massive recall of Takata-brand airbags. The airbags were recalled due to a design defect that made them susceptible to exploding and spraying passengers with metal shrapnel.

Manufacturing Defect

In the case of a manufacturing defect, the design of a product is not in question. Instead, the defect occurred when the product was being assembled.

For example, a factory error may result in the wrong material being used in the making of a product. As a result, the product does not conform to the product’s intended design and may be unable to perform safely as planned.

A manufacturing defect can be introduced in different ways, such as when:

• Inferior quality materials were used.
• There was poor workmanship in the making of the product.
• There was inadequate oversight or supervision during manufacturing.
• The manufacturer had insufficient quality control procedures in place.
• Faulty product testing did not detect flaws in the product.

Unlike design defects, a manufacturing defect may not necessarily affect all of the products manufactured. It may only affect one lot number, for example. Some examples of manufacturing defects include automobile tires that were manufactured using the wrong type of rubber or a medicine that was contaminated because it was not properly sealed.

Marketing Defect

A marketing defect usually occurs prior to its being released into the marketplace. To prove that a marketing defect is present, you must first show that the product has potentially dangerous characteristics that can harm the consumer. Additionally, you must show that the manufacturer of the product failed to provide adequate instructions or warnings related to the product’s proper and intended use.

Common examples of marketing defects include:

• Failure to warn: This is the most typical marketing defect and carries the highest risk of harm to the consumer. Products that are likely hazardous must have proper warning labels to inform consumers of its potential dangers. Absent this information, injuries or even death can result.
• Insufficient directions: Some products can carry a potentially dangerous risk if used improperly. Complete information and instructions on how to use the product must be included. The manufacturer or retailer can be held liable if they fail to provide adequate guidelines on a product’s correct use.
• Advertising or promotions that are false and misleading: If the product is marketed with false or ambiguous information that does not accurately state its potential hazards, the manufacturer or retailer can be held liable for any injuries that their advertising subsequently causes.

Some examples of marketing defects include improper or missing age-appropriate warnings on toys or failing to warn of potential toxic fume exposure from the use of pesticides.

Contact a Product Liability Lawyer Today

If you were injured due to a product defect, don’t hesitate to contact the Mississippi product liability attorneys at Derek L. Hall, P.C. Our legal team has decades of experience providing aggressive and compassionate support to innocent people who have been injured through no fault of their own. Let help you fight for the full and fair compensation you deserve.

At Derek L. Hall, P.C., we believe that justice shouldn’t be limited only to those who can pay. That’s why we take cases on a contingency fee basis. There are no fees unless we win.

Contact us today for your free consultation.

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Managing PTSD After an Accident

Car accidents are sudden and often-traumatic events. More than 22 percent of car accident survivors are estimated to suffer from post-traumatic stress disorder (PTSD), according to a meta-analysis of studies published by the National Institutes of Health.

PTSD is a serious condition that affects the lives of accident victims just as much as debilitating physical injuries. While many physical injuries heal over time, it can take much longer to recover from the psychological and emotional trauma of a devastating car accident.

At the law office of Derek L. Hall, P.C., we understand that PTSD is a common and devastating consequence of many Mississippi car accidents. If you believe you may be suffering from accident-related PTSD, contact our caring and attentive car accident attorneys today to learn more about your legal options in a free and confidential consultation.

How Do You Know If You Have PTSD after a Car Accident?

PTSD is a type of anxiety disorder that can affect people who witness or experience traumatic events involving death, severe injuries, or disturbing threats. Car accidents can be incredibly violent and traumatic incidents that may trigger PTSD in victims, even if they sustain no physical injuries.

If you suspect that you may be suffering from post-traumatic stress after a car crash in Mississippi, consider the following common symptoms of PTSD:

• Intrusive thoughts – People suffering from PTSD often have intrusive and recurring flashbacks of the accident that disrupt their daily lives. Victims also commonly struggle with nightmares and persistent feelings of misplaced guilt.
• Numbing feelings and behaviors – Some victims feel numb after an accident and may struggle to connect with their emotions or appreciate the activities they used to enjoy. PTSD sufferers also sometimes abuse alcohol or other substances to intentionally numb unpleasant memories and feelings.
• Avoidant behaviors – Accident victims with PTSD sometimes avoid people, places, and situations associated with the trauma they endured. This can lead to the development of panic disorders and even new phobias, such as an irrational fear of driving or even riding in a car.

• States of constant anxiety – Some victims become hyper-vigilant as a result of PTSD. States of constant alertness often lead to sleep disturbances, reduced ability to focus, and feelings of paranoia.

Does PTSD Count as ‘Injury’ in a Car Accident?

Car accident victims often file claims to seek compensation for the physical injuries they suffer. But what happens when an accident causes a non-physical injury, like PTSD?

Even if PTSD is an invisible injury, it has very real effects on a person’s life and still counts as an injury. With the help of a knowledgeable attorney, you can file what is known as a “pain and suffering” claim, which can seek compensation for non-physical damage, such as PTSD.

However, it’s often much more difficult to pursue a successful pain and suffering claim because:

• It’s more difficult to demonstrate the effects and severity of a mental and emotional condition like PTSD.
• You must obtain a professional diagnosis that not only demonstrates that you have PTSD, but also that your PTSD was directly caused by the accident.
• Determining the value of your claim is not as straightforward, especially if you have no hospital bills or other direct expenses from the treatment of PTSD.

Despite these hurdles, an experienced car accident lawyer can help you pursue compensation in a PTSD claim. The attorneys of Derek L. Hall, PC, can assist you with finding a mental health professional to diagnose and treat your PTSD, developing a “pain journal” to document the day-to-day effects of your PTSD, and filing a strong claim for pain and suffering compensation.

Will the Cost of Treatment Be Covered by Insurance?

Sometimes. Some auto insurance policies provide coverage for any psychiatric attention policyholders require after an accident, though many do not. If you need costly psychological counseling to recover from your accident-related PTSD, but your insurance provider refuses to pay, you can pursue compensation in an injury claim to reimburse you for the costs of treatment.

A successful claim for your accident-related PTSD can provide compensation for:

• Traditional therapy – This is standard psychiatric therapy that involves regular conversations with a qualified therapist to explore connections between your unconscious beliefs and your conscious feelings or actions.
• Cognitive behavioral therapy (CBT) – This is a type of therapy commonly prescribed for PTSD patients that attempts to identify and change destructive or disturbing thought patterns.
• Eye movement desensitization and reprocessing (EMDR) – This is a form of psychotherapy that uses sensory inputs, such as eye movements, to help PTSD sufferers recover from traumatic events.
• Rehabilitation programs – If a PTSD victim turns to substance abuse to cope with their trauma, compensation from a successful claim could help them cover the costs associated with alcohol or drug rehabilitation.
• Lost wages – If your PTSD was so severe that you were unable to work for a period of time, you could be entitled to compensation for any lost wages.

How Long Can PTSD Last After an Accident?

Depending on the severity of the accident and the psychological state of the person, PTSD can last for as little as several months to as long as several years or more. If PTSD is not treated properly, victims may even suffer complications for the rest of their lives.

There is no guarantee that psychological treatment will eliminate PTSD, but getting the help you need as quickly as possible is the best way to manage your symptoms and prevent additional suffering.

Even if you feel relatively normal weeks or months after a car accident, certain situations, experiences, or other stimuli may trigger your PTSD in the future. While there’s no definitive cure for PTSD, timely and professional treatment can improve your current psychological outlook and prepare you for any complications that arise later on.

How a Car Accident Lawyer Can Help

The car accident lawyers of Derek L. Hall, P.C., can support your Mississippi PTSD claim by:

• Thoroughly investigating the accident for proof of liability
• Helping you find the mental health care you need to diagnose and treat your PTSD
• Identifying and preserving evidence to support your claim
• Establishing a strong claim that definitively demonstrates the causes and effects of your accident-related PTSD
• Negotiating for the full and fair compensation you deserve for your suffering

We offer free, confidential consultations at no obligation to you. We represent car crash PTSD victims on a contingency fee basis, which means that we never charge any legal fees unless we win money for your claim.

Contact us today to speak with our experienced Mississippi attorneys.

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What Is the Average Settlement for a Wrongful Death Lawsuit in Mississippi?

When someone dies as a result of a drunk driving accident, a slip-and-fall accident, medical malpractice, or some other kind of personal injury, one way that the victim’s family can seek justice is through a wrongful death lawsuit.

Though there’s no amount of money that can fully make up for the loss of a loved one, a wrongful death suit can help families hold the responsible parties accountable for what they’ve done. A lawsuit can also help grieving families get the money they need to cover their loved one’s medical bills, lost wages, funeral costs, and other expenses. A wrongful death settlement can also bring peace of mind as a measure of justice for the deceased.

If someone in your family has suffered a wrongful death, it’s natural to wonder how much you could receive in a wrongful death lawsuit or settlement. Many factors go into determining a wrongful death settlement. Because there is no “average” wrongful death case, there is no “average” wrongful death settlement.

However, our attorneys can review your situation, determine the extent of your losses, and evaluate what types of damages you and your family could recover in a successful claim.

To help answer any questions you might have, the Mississippi wrongful death lawyers at the law offices of Derek L. Hall, PC, present this guide to the ins and outs of wrongful death settlements.

For specific answers to your questions, feel free to contact us for a claim review and consultation. It costs you nothing to speak with our Mississippi wrongful death lawyer.

What Is a Wrongful Death Settlement?

When someone dies due to the negligent or reckless actions of someone else, their death may be considered a wrongful death under Mississippi state law. Mississippi allows surviving family members of wrongful death victims to file a legal claim for compensation against the people or entities responsible for the deceased’s injuries.

If the surviving family members make a successful claim against the liable parties and their insurance companies, the compensation they receive will take the form of a wrongful death settlement. This settlement is an agreement between the party or parties responsible for the deceased’s injuries and the deceased’s surviving family, and it lays out what the responsible parties will pay to the surviving family members for their losses.

Wrongful Death Settlement Amounts

It’s difficult to say what the “average” settlement for a wrongful death case is in Mississippi because each wrongful death case is different. Furthermore, even relatively similar cases may end up with different settlement amounts due to factors like the available evidence in the case, which insurance company or companies are involved, and other factors.

That said, the things that surviving family members can be compensated for are fairly consistent, even if the amounts vary from case to case.

If you file a wrongful death claim after someone in your family dies, you could potentially be compensated for things like:

• The cost of the deceased’s medical bills – Depending on what caused the deceased’s injuries and how long they were undergoing medical treatment, they could have accumulated substantial medical bills. Surviving family members can be compensated for the cost of the deceased’s medical treatment related to the injuries that led to their death.
• Funeral and burial expenses – Funeral and burial arrangements can be extremely costly. As part of a wrongful death claim, surviving family members can be compensated for any costs related to the deceased’s funeral and burial.
• Loss of future earnings and benefits – When someone dies a wrongful death, they often had many years ahead of them to earn a living and provide for their family. Now that they’re gone, however, the surviving family members may be left without a reliable source of income and are unable to enjoy the other benefits that the deceased may have earned. Surviving family members can be compensated for the value of a deceased’s family member’s lost earning potential and other benefits.
• Damaged property – As in other personal injury cases, a wrongful death claim allows surviving family members to recover compensation for any of the deceased’s property that may have been damaged in the accident. For example, if the deceased died in a car accident, you could potentially recover compensation for the value of their car that was damaged.
• The deceased’s pain and suffering – The deceased may have been in extreme pain from their injuries before their death. A wrongful death claim allows surviving families to claim compensation for the deceased’s pain on the deceased’s behalf, since the deceased cannot claim that compensation themselves.
• Mental anguish suffered by surviving family members – The death of a family member can take an immense emotional toll on someone. Though difficult to quantify, this pain is very real. A wrongful death claim allows surviving family members to seek compensation for the emotional turmoil they’ve endured.
• Loss of consortium and guidance – Many of us count on our family members for emotional support and guidance, as well as for financial help. A wrongful death deprives surviving family members of that support, but they can seek compensation through a wrongful death claim.

How to Get a Fair Wrongful Death Settlement in Mississippi

Getting help from an experienced, dedicated wrongful death lawyer is essential for seeking fair compensation after a wrongful death. Without an attorney’s help, you run the risk of unwittingly accepting a lowball settlement offer from an insurance company.

To pursue a fair settlement, you’ll want to identify everyone who may be liable for your family member’s death. You’ll then need to account for and document the types of compensation you may be due, such as the deceased’s medical bills, funeral and burial costs, and pain and suffering. You’ll also need sufficient evidence to get compensation for your own losses, such as the emotional harm you’ve suffered as a result of your family member’s death.

From there, you’ll need someone who can negotiate with the liable parties and their insurers to make sure they’re held accountable. That’s a lot of work to do on your own, but getting help from a wrongful death lawyer can make the process much less burdensome and go more quickly.

Contact a Wrongful Death Lawyer Today

We know the prospect of taking legal action and considering your financial needs may be difficult following the death of a loved one, but you deserve to be compensated for your painful loss. You likely have major expenses that need to be covered, and a wrongful death suit can help you secure the money you deserve so that you and your family can take the time you need to heal. Many families find peace and closure from pursuing justice on behalf of the deceased.

You don’t have to face a wrongful death case on your own. At Derek L. Hall, PC, our legal team is here to answer any questions you may have. Get a free initial consultation by calling our office or visiting our contact page.

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