Getting approved for Social Security disability benefits in Alabama is difficult and complex. Here are some things you need to know when applying for disability in Alabama.
1. It will not be fast. The average time required for an initial decision is 292 days. Appeals, if required, can take 18 additional months or longer.
2. Expect to get denied once or twice before you get approved. About 7 out of 10 new claims are denied initially. At the first appeal (called "Reconsideration") over 90 percent are denied. Appeal and keep moving up the chain of command.
3. Your best chance is going before an administrative law judge (ALJ) for a hearing. This comes after the "Reconsideration" stage.
4. Claimants with a lawyer or professional advocate will win almost 3 times more often than claimants who represent themselves (no lawyer).
5. You cannot be charged an attorney's fee unless you win your case and collect past due benefits (called "back pay").
6. For any unfavorable decision by Social Security, you only have 60 days to file a written appeal. Don't miss the deadline.
7. An appeal is nearly always better than filing a new claim (starting over).
8. Social Security only pays for severe impairments that have lasted at least 12 straight months, are expected last that long, OR to end in death. There is no benefit for short term disability.
9. In 2023, you cannot be working at "substantial gainful activity" or SGA while trying for a Social Security disability benefit. SGA in 2023 is defined as working and earning wages (or self employment income) of at least $1,470 per month. Individuals who are blind have higher limits.
10. You can probably claim back pay dating back to the date your disability began. Some of our clients have received nearly $100,000 in back pay.
The Forsythe Firm in Huntsville has helped thousands of disabled persons to get benefits over two decades. We fight for you and work passionately to get you approved. You can get a free consultation and you never pay us a fee until your case is successful with a recovery of back pay. Call us at (256) 799-0297.
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