DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

Do you need long term disability checks from Social Security?  There is a mandatory and sequential checklist that Social Security must use to decide whether you can get checks.  Stated as simply as possible, here is that 5-step process: 1.  Are you now working?  If so, you don't qualify, if you earn at least $1,350 month in wages (in 2022). 2.  Do you have a severe impairment that can be medically proven? 3.  Do you meet of the published listings?  (If not, you still may qualify).  We must now determine your "Residual Functional Capacity" or RFC. 4.  Are you able to perform any of the work you have done during the past 15 year period?  If so, you don't qualify. 5.  Are you able to perform any other type of work?  If so, you won't qualify unless you are over age 50 (in some cases). The basic rule for Alabama disability is that you aren't working a full-time job now due to a disability, and you are physically and/or ...

Most Alabama workers are covered by Social Security disability because they pay FICA withholding tax out of every paycheck.  This provides coverage against long term disability and loss of income. However, Social Security can be difficult to deal with and there are complex rules that must be met before they will part with any money.  It can take anywhere from 4 months to 4 years to get approved. Here is the sticky part.  Social Security will often agree that you cannot perform the work you once did.  However, they will say that you can still perform some jobs which exist in the national economy.  These jobs are often unskilled minimum wage jobs, such as hand packager, inspector or copy colater.  It doesn't matter that you can't actually find one of these jobs. If you file an application and are denied (as up to 75% are), you have 60 days to file an appeal.  The appeal puts you in line for "reconsideration."  Unfortunately, "rec...

Most workers pay into Social Security disability through payroll deductions.  If they become disabled with a long-term disability, Social Security may pay up to $2,577 per month to help replace lost wages. However, there are some legal stipulations that must be met: 1.  You must not currently be working at substantial gainful employment when you file.  This means you can't be earning at least $1,180 per month in gross wages in 2018. 2.  You must have a significant and medically proven impairment that has lasted for at least 12 straight months, OR is expected to last for at least 12 straight months.  No short term disability is paid. The sticking point with Social Security usually is whether or not you are really unable to work.  For persons under age 50, you must prove that you cannot perform any type of work, including minimum wage unskilled jobs of a sedentary nature (sit down jobs). Social Security often denies disability claims because they fi...

If you have suddenly become disabled and had to stop working, Social Security may be the largest, most substantial benefit available to you.  However, it may also be the slowest, most difficult benefit to get started. The average person receives about $1,150 per month when approved for Social Security disability. Some can get more, depending on age and past earnings. Minor children or other dependents may get an additional benefit.  Also, you may qualify for Medicare insurance to help pay medical bills. Here are basic requirements for getting a Social Security disability check. You have enough work history to be covered:  usually meaning, you have worked at least 4 out of the most recent 10-year period. You have a severe, medically determinable impairment severe enough to prevent you form working either any of your past jobs or any other type of job available in the US economy. This severe impairment has (a) lasted for at least 12 consecutive month...

Can Creditors Seize Your Social Security Disability Benefits?   Generally speaking, the law protects your Social Security benefits from garnishment by creditors.  There are exceptions, however.  The law does not protect you from the federal government itself.  If you default on a federally guaranteed loan, such as a student loan, your Social Security disability benefits may be garnished to pay for the delinquent debt.    Your benefits can also be garnished to pay for child support or past due alimony.  However, you must have at least $750 per month left after any garnishment.    It's a different story if you owe federal income tax.  The government may seize all of your money to satisfy a tax lien.  If you receive Supplemental Security Income (SSI), these benefits are totally exempt from garnishment by anyone, including the government.  Just because your Social Security check is not subject to garnishment...