Skip to main content

ALABAMA'S DISABIITY CHECKLIST - SIMPLY STATED

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 mentally unable to hold a full-time job.

It may sound pretty easy but it isn't.  The Social Security "gatekeepers" will make you jump through legal hoops you never dreamed existed.  Most claimants will want legal representation, especially after the first denial.  

The good news is that Social Security makes it easy to get representation.  You cannot be charged a fee unless you case is successful and results in back payments from Social Security (the "contingency fee" rule).
________________
THE FORSYTHE FIRM
Social Security Representation in Alabama & Tennessee
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street'
CALL US   (256) 799-0297



 

Comments

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

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...

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...