Skip to main content

BASIC REQUIREMENTS TO GET SOCIAL SECURITY DISABILITY CHECKS

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 find that the claimant can perform some kind of work, even though there are certain types of work that he/she cannot perform.

The key to this is the medical records.  The claimant or his representative must submit sufficient records from doctors, hospitals, etc. to prove the inability to perform full time work.

Claims are frequently denied and these must go to a hearing before an administrative law judge (ALJ) for reconsideration.  It's this stage that approves most of the disability claims that are paid.

Going before a judge is your best chance.  But it can be an intimidating experience, not to mention bearing a heavy burden of proof.  Most people want and need to be represented by legal counsel for these hearings, which improves the chance of being approved.  You can ask for back pay from the judge.

My firm, and many others, work with you on a contingency fee basis:  You pay no fees for our work until after you win your claim and collect your money.  If you are not successful you don't owe any fee for our work.  Often, we are able to give you a lot of valuable guidance with just a 15-minute phone call.
______________
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

 

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more