HOW TO GET SOCIAL SECURITY DISABILITY IN ALABAMA

 

What is SSDI?

Social Security Disability Insurance is a federal program that covers workers against loss of wages due to severe, long term disability. This program is paid for by having FICA deducted from your paychecks while you are working.

In order to qualify for Social Security Disability benefits, you must meet the following eligibility requirements:

• Be under full retirement age

• Have a severe disability that is expected to last at least one year or result in death

• Be unable to perform significant work (this means earning less than $1,550 (gross) per month due to a medical or mental impairment

• Have earned the necessary work credits by paying FICA over a certain period of time. (If you are below the age of 31, you will need fewer work credits to qualify).  Claimants over age 31 generally need 5 years of work out of the 10 year period before they apply for disability.
  

Meeting all of the above requirements allows you to file an application for SSDI benefits but doesn't necessarily mean that you will be approved. The kicker comes with trying to prove that you meet Social Security's very narrow definition of "disability." Just because you believe you are disabled, or even if your doctor thinks you are disabled, doesn't mean that the Social Security Administration will agree.

8 out of 10 new claims will be denied in 2024.  These will require appeals--and probably a hearing before a judge--before they will be paid.  This gets complicated and may require the services of a lawyer or experienced advocate to help.    Simply put, Social Security does not want to pay you a benefit if they can avoid it.  Legal assistance may be the best thing you can do.

If you need help with a Social Security claim, appeal or hearing, the Forsythe Firm is ready to assist you.  We offer expertise and knowledge along with friendly, dedicated professional counsel with Social Security matters.  Call the Forsythe Firm in Huntsville, AL at (256) 799-0297.

MOST IMPORTANT THING WHEN TRYING TO GET SOCIAL SECURITY DISABILITY

When trying to get Social Security disability benefits, what's the most important thing?

Answer:  Medical Evidence

Medical evidence is the one thing Social Security will look at, more than anything else, to decide whether to approve or deny your claim.

Most Social Security denials occur because the claimant doesn't have enough medical evidence to prove disability.  Social Security has a very high standard of proof which must be met to get a claim approved.

What do they consider to be medical evidence?  It is records from doctors, hospitals, clinics, labs,  counselors, psychiatrists or other medical professionals.

Each time you go to see a doctor or medical provider, a record is made of the visit.  The record will state the date of the treatment, the nature of treatment, diagnosis, medications prescribed and other facts.

While Social Security tries to obtain your medical records, it's not unusual that they fail to get some evidence that could help your case.

Social Security will deny roughly 8 out of 10 new disability claims in 2024.  Even if they obtain all your medical records, they may still deny benefits.  If this happens you enter the appeal process where a legal professional may be needed to PROVE that you are disabled according to Social Security rules.

Most of the disability cases approved in 2024 will be in the APPEAL process, not in the application process.  It is often necessary to take a claim before a federal administrative law judge (ALJ) before it can be approved.   

If you have received a denial from the Social Security Administration within the past 60 days, your claim is not finished.  It may be appealed and potentially won--with past due benefits--back to the date you first became disabled.

Contact The Forsythe Firm in Huntsville for a free case evaluation.  If we accept your case, we will go after the medical proof required for approval.  Also, we may take your case before an administrative law judge (ALJ) for a hearing, which often results in approval of claims.

What does this assistance cost?  Nothing unless you win your case and receive past due benefits (back pay).  It costs nothing to file your appeal and we never ask for money from you.  When you are approved for benefits, Social Security will pay our fee directly from a small percentage of the past due benefits you receive.  If you are not approved there is never a fee.

HOW TO CONTACT THE FORSYTHE FIRM

Call the Forsythe Firm in Huntsville, AL at (256) 799-0297.  

 Or use our email:  forsythefirm@gmail.com 

NEW SOCIAL SECURITY COMMISSIONER: NEW HOPE

On January 15, 2024 Martin J. O'Malley was sworn in as the new Commissioner of Social Security. Already, Mr. O'Malley has taken action that indicates understanding of the many problems facing Social Security. He brings fresh vision and hope to this troubled federal agency that has been dealing with increasingly longer wait times, poor customer service and severe work backlogs.

Mr. O'Malley has pledged to secure sufficient funding and staffing so that Social Security can do its job. Shortly after being sworn in, he promised that he would "make the train run on time."

The new commissioner is the first ever to have a social media presence. He seems to have rolled up his sleeves and become personally involved in making Social Security work.

Mr. O'Malley is former governor of Maryland and prior to that he served two terms as mayor of Baltimore. He has long advocated measuring outputs of government on a real time basis--something new to Social Security to be sure!

Here is what we hope to see from Social Security in the future:  

• decreased waiting time for disability decisions
• shorter hold times to speak to Social Security by phone
• a quicker appeals process
• better cooperation with attorneys and other claimants' advocates
• better Social Security funding and staffing to meet these goals
  

 

MUST I WAIT 6 MONTHS TO GET A DISABILITY BENEFIT? WHY IS THAT?

If you become disabled, you will not receive a Social Security disability check for 6 months.

First, there is a 5-months waiting period on Title 2 or SSDI claims. This means that Social Security (Title 2) does not cover the first 5 months of a disability.

This waiting period begins the month after Social Security decides your disability began.  For example, if Social Security finds your disability began on March 3, you lose March - August to the waiting period.  Your first benefit check will be for September.  However, Social Security pays one month in the arrears, so your September check won't actually arrive until October.  Thus, you will go from March to October without actually getting a check.

 This long waiting period can be a burden on newly disabled individuals.  If your employer carries short-term disability insurance, you should file for that benefit.  It could tide you over until Social Security payments begin.

 You also must consider the long processing time on Social Security applications.  When you file a new Social Security application, it can take up to 6 months before an examiner is even assigned to your case.  In all, you may wait 6 to 12 months for Social Security to arrive at its initial decision.

In most cases, Social Security disability benefits are not fast or streamlined.  And it doesn't matter what your financial need is:  the Social Security Administration will most at its own pace as a slow, overburdened and highly bureaucratic government agency.

The Forsythe Firm of Alabama has helped thousands of claimants get approved for Social Security disability benefits.  We specialize in appeals of claims that were recently denied.  If necessary, we can direct your case to an Administrative Law Judge for a hearing--where you will have your best chance of approval.  Call us for a free no-pressure consultation at (256) 799-0297.

 

WHICH DISABILITIES ARE HARD TO PROVE?

Some disabilities are more difficult to prove than others.  Here are some of the most problematic ones:

• Fibromyalgia. ...
• Mental Health Conditions. ...
• Migraine Headaches. ...
• Traumatic Brain Injury (TBI) ...
• Chronic Fatigue Syndrome (CFS) ... 
• Chronic Pain Syndrome
  

A disability may be harder to proven if

• There are no diagnostic tests that can diagnose it
• No X-rays or imaging studies can be used to detect it
• Symptoms are highly subjective
• The severity of the condition can't be stated
• There's no established medical treatment for the condition

For Social Security disability there must be a medically determinable impairment which has lasted one year or more, is expected to last one year or more--or is expected to end in death.   

HOW THE FORSYTHE FIRM CAN HELP YOU GET DISABILITY BENEFITS $$$$$

 Do you need a lawyer to get Social Security disability?

Let me answer that with a US government study:

The General Accounting Office, an agency of the US government did a study and reported the following:

Claimants who use a lawyer or advocate are about 3 times more likely to be approved for Social Security disability benefits compared to unrepresented claimants.

 Truth is, the Social Security structure is set up to deny claims, not approve them.  3 out of 4 applications will be denied at the initial (first) level.  Sometimes this is due to simple application errors.  Sometimes it is because Social Security isn't convinced that you are really disabled.

As principal in the Forsythe Firm, I use my experience and expertise to help claimants get approved and paid. My firm will evaluate your claim to see if it CAN be paid.  Then, we will look for evidence and support to GET it paid.  This often means working with your doctors to explain the duration, severity and functional restrictions caused by your conditions.

A primary function of our office is dealing with the Social Security Administration on your behalf.  We take the work and stress off your shoulders and handle most things for you.

Cost for all this: nothing unless you win.  There are no upfront fees.  You will pay us a fee only if you get approved and only if you receive past due benefits.

How to start?  Give the Forsythe Firm a call.  (256) 799-0297. 

WHY MAKE AN APPOINTMENT TO VISIT SOCIAL SECURITY?

Do you dare walk into a Social Security office without an appointment?  Not a good idea.

In 2022 the average wait time to be served was 2 hours and 20 minutes, probably even longer in 2024.  Typically, when you just walk in, you will face long lines.  You will be given a number (if you're lucky) and told to wait your turn.

It's much better to call ahead and schedule an appointment.  Some issues can be handled over the phone without a visit; even then, however, Social Security may need to make an appointment for the phone call.

Why the delays and problems?  The basic reasons are too much work and not enough staff.

Since COVID hit us in 2020, Social Security has been losing workers and the agency is on the backside of replacing them.  Even when a worker is replaced, it can take months or years to properly train them.  At the same time, more and more people are doing business with Social Security.

When asking for an appointment, it's important to call your  LOCAL Social Security office, not the national call center (800) 772-1213.  While you local office may list this as their local phone number, it is not.  This 800 number is answered by a call center in Utah.  While you can get information and do some types of business with this national call center, it's better to call your LOCAL office for an appointment.

To be more confusing, local Social Security offices may not publish their phone numbers--or at least no where they are easily found.  Below are a few of our local Social Security offices for north Alabama:

(866) 593-0665     Huntsville

(888) 289-9185     Decatur (Service Limestone County, too)

(800) 521-0073     Albertville

(855) 884-3407     Florence

(877) 803-6362    Cullman

(877) 803- 6323    Gadsden

(877) 405-5866    Lawrenceburg, TN

(866) 635-0647     Tullahoma, TN

Many people need help dealing with Social Security for disability claims or appeals. Start with a call to The Forsythe Firm in Huntsville for a free consultation.  If you have been denied benefits, it's important to call us before 60 days have passed.  Call (256) 799-0297