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PERMANENT, TOTAL, PARTIAL DISABILITY....and OTHER SSDI MYTHS

We hear people speak of permanent disability, partial disability and short term disability when speaking of Social Security disability benefits. Interestingly enough, the Social Security Administration doesn't use any of those terms.  And they are not found in the Social Security regulations. A disability does not have to be "permanent" to receive SSDI benefit payments.  In fact, Social Security never uses that term.  A medical or mental condition can qualify for SSDI if it lasts for a period of at least 12 consecutive months and makes the claimant unable to perform Substantial Gainful Activity--which in 2026 is defined as earning wages of at least $1,690 per month. Social Security does not offer any benefit for "partial disability."  Again, they don't use that term.  It is not possible to get a partial benefit or a percentage of disability.  With Social Security it is all or none:  a claimant is either disabled or not disabled.  There's no in bet...
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DOES (???) QUALIFY FOR A DISABIITY BENEFIT?

  How many times have you heard this question asked:  "Does (condition) qualify for Social Security disability benefits?"   You may fill in the disease or condition.  And, no mat ter what the condition, is, the answer depends on the following? 1.  Have your earned sufficient work credits to be covered for Social Security Disability (SSDI)?  The answer must be yes. 2.  Do you have a medically determinable severe illness or condition (diagnosed by a doctor)?  The answer must be yes. 3.  Has or will the condition cause you to be out of work for at least 12 straight months, OR end in death within 1 year?  The answer must be yes to one question. Almost ANY condition might qualify for SSDI benefits if the 3 conditions above are met.   Reasons Most SSDI Claims Get Denied 1.  The medical condition is not severe enough to prevent the claimant being able to work for a period of at least 12 straight months. 2.  The claimant does...

YOUR DISABILITY QUESTIONS ANSWERED -FREE

By Charles W. Forsythe (The Forsythe Firm), Huntsville, AL Having practiced almost 30 years in the field of Social Security disability (SSDI),  I've learned a few things about the rules, the process and the disappointments.  I'm answering many common questions about this subject.  However, this post is for general information, not legal advice.  Never act upon an internet post, including this one, without speaking to your own legal professional.  This post does not take the place of your lawyer. QUESTION # 1.  How long does it take to get disability benefits in Alabama? Each case is different, so there is no set time frame. But the average waiting time to get the initial decision on a disability application in Alabama is 230 days.   QUESTION # 2:  What percentage of SSDI claims get approved in the first step?   Social Security approves only about 23 percent of claims at the application level. Denials are very common, even if you mee...

WHAT'S HAPPENING: WORLD OF SOCIAL SECURITY DISABILITY?

Social  Security continues to deny 83 percent of disability applications, usually citing lack of medical evidence, or claim that the applicant can perform "some other work." The first appeal, "Reconsideration," has a losing ratio of 89 percent.  The rate of approval at Social Security hearings, however, is 55 percent.  Failure to appeal is almost always a defeat. The Forsythe Firm, Huntsville, continues to succeed at getting disability cases approved and paid at the appeal level.  Past due benefits back to the original date of disability onset, are usually paid--often amounting to tens of thousands of dollars. Charles W. Forsythe has helped thousands of claimants get approved for Social Security disability benefits over the last 24 years. It's their area of specialty and they KNOW Social Security law. "What many people don't understand," Forsythe said, "is that very few claims get approved without appeals.  In fact, the Social Security hearing...

ALABAMA - TENNESSEE SOCIAL SECURITY DISABILITY LAWYERS (AL TN)

  Alabama and Tennessee lawyers for Social Security disability benefits.  We handled the very detailed and  complex appeals process to help you win Social Security disability in Tennessee and Alabama.  Free consultations, and we never charge a fee until you have been approved and paid past due benefits.  No win / no fee.   WE ALL OF ALABAMA, INCLUDING CITIES LIKE Athens Huntsville Decatur Montgomery Mobile Florence Ardmore Fairhope Albertville Guntersville Birmingham   Cullman.............. and many others--all over Alabama WE SERVE ALL OF TENNESSEE, INCLUDING CITIES LIKE Nashville Knoxville Marysville Columbia Spring Hill Fayetteville Clarksville .......and many others ---- all over Tennessee  Do you have to travel to our office? No.  We can handle all your issues by phone, fax or email.  No inconvenience for you. Is there any fees or costs upfront? Absolutely not.  Our fee is paid from your past due benefits AFTER you are paid. W...

UNDER FULL RETIREMENT AGE? YOU MAY QUALIFY FOR SOCIAL SECURITY DISABILITY $$$

  If you are below your Full Retirement Age (FRA), which is around 67 for most people, you may be eligible for thousands of dollars per month in Social Security disability insurance (SSDI) benefits. Here's what's required: A medical/mental condition that has or will keep you off work for 12+ months. You are not currently working at "Substantial Gainful Activity" (earning wages of at least $1,690 per month). You have worked a job that deducted FICA (Social Security) for at least 5 years out the past 10 years. You have medical records to prove you cannot work a full time job:  defined by Social Security as 5 days per week 8 hours per day On a regular and continual basis  You need to file for your SSDI benefit BEFORE you reach Full Retirement Age.  Once you reach your FRA you cannot file for additional disability benefits.   What if You Are Age 62 and Eligible for SSA Early Retirement? Early Social Security retirement pensions are available starting as early as age...

SOCIAL SECURITY'S HIDDEN SECRET: USE IT TO GET APPROVED

  SOCIAL SECURITY'S HIDDEN SECRET?  8 out of 10 of their decisions on disability cases are errors.  Your denial of disability benefits is probably wrong.  You don't have to accept it. Here is the short solution to a disability denial: Appeal within 60 days. If you lose the first appeal ("Reconsideration"), appeal again and take the case before a federal Administrative Law Judge. According to nationwide averages, Administrative Law Judges pay around 55 percent of all appeals that reach them. Some lawyers win up to 80 percent of the appeals they represent at the hearing level. One of the lawyer's free services is to evaluate your case to see whether it should be appealed. (In most cases, it should). It is a mistake to accept Social Security's first denial and quit. There is a very, very small chance of being approved in the initial application level. There is only a 15 percent chance of being approved in the "Reconsideration" appeal (your first ...