DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

What are the odds of winning Social Security disability benefits with a lawyer's assistance? 57 percent in Alabama. 57 percent of claimants in Alabama will be approved for Social Security disability when using a lawyer or competent advocate. However, that's not immediate approval.  Most claims will be denied at the application level.  In fact, only 22 percent of claims are approved at the early application level. The 57 percent approval rate comes at the third step of the process--at a hearing before an Administrative Law Judge. How long does it take to get from the initial filing to the judge?  The time will vary from case to case but you may be looking at 18 to 24 months. Hearings are legal proceedings and very complex.  They aren't like most claimants imagine.  The claimant has a specific burden of proof that must be supported by objective medical evidence.  The claimant must show that he/she is disabled under the rules and regulations of the Social Secu...

 WHAT CONDITIONS QUALIFY FOR AUTOMATIC DISABILITY IN AL? Very few conditions automatically qualify for Social Security benefits anywhere.  There are a few exceptions:  1.  One of the more than 200 impairments on the Compassionate Allowances list will qualify with appropriate medical documentation.  https://www.ssa.gov/compassionateallowances/conditions.htm  2.  End stage renal disease 3.     Stage 4 Cancer (in most cases)   4. Any terminal illness. All impairments/conditions must have a definite diagnosis by an "acceptable medical source," which usually means a licensed Doctor of Medicine, Doctor of Osteopathic Medicine, or a similarly qualified professional. It is helpful to obtain doctor's records where the condition was diagnosed--and submit them with your claim.  Include any diagnostic tests that identified the disease--MRI reports, CT  reports, lab tests or biopsy results, etc.   The medical evidence you submit s...

Yes, you may collect Social Security disability if your spouse or someone else living in your household works.  It doesn't matter how much money they earn. The only restriction for SSDI benefits is that the claimant cannot be working at "Substantial Gainful Activity" or SGA.  In 2025, you are working at SGA level if you earn gross monthly wages of at least $1,620 per month.  (In 2024 that amount was $1,550 per month; it's adjusted annually for inflation). Social Security disability is not needs-based or income restricted.  You don't need to be poor or have limited finances to get SSDI benefits.   (Don't confuse SSDI with Supplemental Security Income or SSI, which does have severe financial restrictions). With SSDI, you may have large savings, bank accounts or investments--as long as you (the claimant) is not working. SSDI looks only at the claimant's income--and only to see if the income is from work activity (wages, salary, commissions or self employment)...

  Here is a brief overview of what takes place after you file your Social Security disability application: Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report. This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will mail ...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...

IN GENERAL:  Social Security Disability Insurance (SSDI) is provided to workers who have paid into the system.  Payments are called FICA (Federal Insurance Contribution Act) - and are deducted from your payroll or self-employment earnings.  As a general rule, you must have worked and paid FICA for at least 5 years out of the most recent 10 year period.  The rule is more lenient for individuals under age 31.  So, if you have paid in recently enough, you have coverage under SSDI.  Now, you must prove that you are disabled. WHAT IS DISABILITY UNDER SOCIAL SECURITY RULES? If you are under age 50, you must prove that you have one or medical and/or mental impairments that will keep you from working at ANY job for a minimum of 12 consecutive (straight) months.   If you are age 50-plus you may be awarded benefits by proving that you cannot perform any of your "past relevant work" (PRW).  Past relevant work is the full-time work you have done within the pa...