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More Common Questions Dealing With Social Security Disability

Chhabra & Gibbs, P.A. > Blog  > More Common Questions Dealing With Social Security Disability

More Common Questions Dealing With Social Security Disability

Social Security

How can you Improve your Chances of Being Approved for Social Security Disability?

It can be difficult for individuals to get approved for social security disability. In order to have the best chance to get approved, it is extremely important for you to get regular medical treatment for the issues that cause you to be disabled and unable to work, whether physical or mental.

When seeing your doctor, make sure that you explain to him or her ALL of the issues you are having. Just because one issue alone may not make you disabled, a combination of issues may. Therefore, do not leave anything out when discussing your problems with your doctor.

It is also important to describe for the doctor all symptoms you have relating to the various issues you may have and how those symptoms affect your daily activities.

It is important to note any side effects that you have from medications as well.

Do I have to open an estate when my mother passes away?

It depends. If your mother’s estate is worth $50,000 or more, the yes you would need to open an estate for her in order to settle any debts and distribute any assets.

Not included in the $50,000 would be any items that would pass to someone else outside of the estate. For example, if money was held in a joint checking account, that money would go straight to the individual with whom she held the checking account and it would not go through the estate. In addition, if she had a life insurance policy and named a beneficiary, the proceeds from the life insurance policy would not be counted in the $50,000 to determine whether an estate was required to be opened. The same would apply to 401(k) benefits where there was a beneficiary listed. If your mom was married and owned her home with her husband, the property would go directly to her husband.

An estate can be a complicated matter and Mississippi law requires a number of procedures that must be followed, so you would need an attorney in order to open the estate to ensure everything is handled correctly.

How long does it take to get divorced?

It depends on several factors.

If you file an irreconcilable differences divorce where everything is agreed upon and signed off on by both parties, then the divorce can occur fairly quickly. Mississippi law requires that the divorce be on file with the Court for 60 days prior to the Court entering a judgment for divorce. This does not mean you will be divorced in exactly 60 days. It will be up to the court to determine when the order should be signed finalizing the divorce based on sufficient information.

If the divorce is contested, the process could last a year or more. If there is a lot of disagreement between the parties, this causes more hearings to occur and the divorce lasts longer. Also, it takes longer to get a hearing on contested matters and parties have to be served with a satisfactory amount of notice before the court date. This also can delay the divorce. Judges also generally take more time to rule on contested matters that matters that are agreed to by the parties. There are financial issues to be resolved and custodial issues to be resolved when children are involved and fault to be decided.

If you or someone you love would like more information regarding Social Security Disability, or would like assistance in applying for disability benefits, please give Chhabra & Gibbs, P.A. a call today at 601-948-8005.

Teresa E. Harvey

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