DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

      The Social Security Administration says there are now more than 1 million disability claims backlogged in the United States.   The five states with the biggest DDS backlogs are Texas (101,841), Florida (95,168), California (66,331), New York (44,051), and Georgia (42,047). In Alabama the backlogs are equivalent to more than five cases pending per every one thousand residents in the state. (That's about 270,000 cases)! An individual Social Security case worker once handled about 80 cases at one time. But that worker is now handling up to 280 cases at one time. No wonder we wait so long for a decision. There are claims from 2021 that are still "pending." WHAT YOU CAN DO AS A CLAIMANT ? No one can solve the government's problems, of course. The huge backlogs are not just because people are filing more claims. It began with COVID in March 2020. The government shut down virtually every Social Security office in America. They were closed for 2 years, finall...

SIGNS OF A WINNING SOCIAL SECURITY DISABILITY CLAIM     Social Security disability claims are notoriously difficult to get approved.  In fact, the Social Security Administration (SSA) will deny 7 out of 10 disability claims for one reason or another.  But here are 5 good predictors that your claim may be approved on the first try:  1.  You are not presently able to work and your doctor has told you that you must be off work for at least 12 straight months or longer. 2.  You have a solid history of employment.  An excellent work record will have only a few different jobs, each lasting years; good wages and no long periods of unemployment (whatever the reason).    3.  Your doctor has provided a Medical Source Statement (MSS) or Residual Functional Capacity (RFC) which explains specific work-related medical limitations in terms of work activities. 4.  You have good medical treatment and there are adequate records showing the nat...

  GETTING DISABILITY BENEFITS IN ALABAMA   About one third of Alabama’s population has some sort of disability. The most common type of disability is musculoskeletal disease, such as arthritis or degenerative disc disease which can limit mobility. Mental illness also causes a large portion of disabilities in Alabama, as do other types of disease and injury. At least 3 factors contribute to Alabama's high disability rate: obesity, smoking and poor dietary choices. The Social Security Administration (SSA) oversees two of Alabama's largest disability benefit plans: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These two plans have different requirements, benefits and eligibility criteria. Social Security approves only 31 percent of new applications for disability. Roughly 7 out of 10 applicants are denied at first. However, the approval rates improve in the two appeal processes that follow denials. The best chance of approval lies at ...

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...

"Have Briefcase, Will Travel" You're watching Gunsmoke on late night TV.  A well dressed lawyer suddenly appears on a slick TV ad.  He promises to help you get your "much deserved" Social Security disability.  You are presented an 800 number to call.  You don't know where that call will be answered, or by whom.  It almost certainly won't be answered by the guy on TV--who was probably a paid actor pretending to be a lawyer.  The real lawyers may be in New York, Texas, Florida or Hawaii. Who knows? Things you need to know about some TV lawyers: 1.  These lawyers may not be local.  While some local lawyers do advertise on TV, many national firms from out of state also advertise on TV.   2.  When you call a toll free number, you don't know where the call is going or where it will be answered.  Probably, it goes to a national call center which takes thousands of calls each day. 3.  You may never speak to the real lawyer.  Your...

Social Security is a confusing subject and a lot of false information on the internet adds to the confusion. Here's a very false and misleading piece of info that I just saw on the internet:  " How much money can you have in the bank while on Social Security? Money in the bank and SSDI: The monthly limit is $1,350 in 2022 for non-blind individuals and $2,260 for individuals qualifying for benefits as statutorily blind, so it is a good idea to keep records of the source of deposits that you make into your bank account."   This is plain wrong.  The $1,350 refers to the definition of "substantial gainful activity" and has absolutely nothing to do with how much money one has in the bank.   In 2022, if a person worked and produced job related wages of at least $1,350 per month, he was considered gainfully employed and not entitled to SSDI benefits because of the work. The $1,350 meets Social Security's threshold for gainful employment.  However, there is absolut...

Yes, there are deadlines to apply for Social Security disability.  Have you waited too long?   Social Security uses a thing called "Date Last Insured" or DLI.  In the simplest terms, DLI is the last date on which you can file a new application for disability based on your work record.  The DLI is based on the date you last worked and paid FICA from your payroll checks.  The DLI is usually about 4 to 5 years after you stopped working and paying FICA. So, for many workers, they would need to file a disability claim within about 4 years after they stop working or risk a problem with Date Last Insured. Social Security disability coverage is not free.  And it is not paid for from the US general tax budget.  Social Security operates within its own resources and is self sufficient. It takes in and spends its own money. When you work, your employer deducts a percentage of your pay and matches it.  These funds (called FICA* withholding) are sent to the Soc...

  When you apply for Social Security disability, they do more than check out your medical records.  They often perform a pretty full investigation on you.  This may involve checking your social media, speaking with former employers, or in some cases following you around.   That may sound like a detective mystery story; however, it's true.You may be investigated by any number of methods: 1.  Social Media :  They usually look at your Facebook, Instagram, Twitter, Linkedin or other accounts to see what you're up to.  Why?  They want to know whether you're being totally honest with them.  "Fraud is Job One at Social Security" is not just their motto, it's a way of life.  When you post it on social media, Social Security knows about it.  I suspect they have staff who do nothing but monitor claimants' social media. 2.  Consultative Examinations :  When Social Security sends you to one of their doctors, it's called a consultative...