Skip to main content

DISABILITY BENEFITS IN ALABAMA

  GETTING DISABILITY BENEFITS IN ALABAMA

 Image result for CLIP ART small alabama map outlineAbout 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 a hearing with an Administrative Law Judge, which is the third step in the process.

The amount of your Social Security benefit depends on your lifetime wages and contributions to SSDI, usually made by payroll deductions. On the high end, a claimant might receive over $3,000 per month in SSDI benefits, while the average monthly benefit is more like $1,400 per month.

Dependent children may also receive benefits. And SSDI comes with Medicare insurance to help cover medical bills and treatment. SSI will come with Medicaid.

Decisions about who is eligible for SSDI or SSI payments are made at the Disability Determination Service (DDS) in Birmingham. Primarily, the claimant's medical records will determine whether the strict requirements for benefits are met. Other factors to be considered are age, education and past relevant work.

With such low approval rates, it is helpful to determine whether you meet the basic requirements for disability in Alabama:

  1. Are you unable to work and has this disability lasted for at least 12 straight months (or is expected to last for 12 continuous months). Short term disability is not covered.
  2. Are you now working at "substantial gainful activity?" You are if you are currently employed and earning at least $1,470 in wages. This is make you ineligible for Social Security disability.
  3. Is your disabling condition "medically determinable?" In other words, do you have medical records of treatment which establish the type, severity and duration of your condition(s)?
A disability attorney or advocate can help evaluate your case and determine if you meet the basic requirements for disability. Under Social Security's rules, you cannot be charged for this initial consultation. In fact, you cannot be charged any legal fees unless you case is successful and results in past due payments.
_____________
The Forsythe Firm, Huntsville, AL. Call (256) 799-0297. Free consultation. 


Comments

Popular posts from this blog

MUST YOU MEET A LISTING FOR SOCIAL SECURITY DISABILITY?

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS .  All unfavorable Social Security decisions must be appealed within 60 days ....

CAN A LAWYER / ADVOCATE HELP YOU IN DISABILITY HEARINGS?

 HOW A LAWYER INCREASES YOU ODDS     There are many things a trained disability advocate or lawyer can do for you in a disability claim.  The biggest reason to have a lawyer or advocate is that you are 3 times as likely to be approved when using one. As with all levels of applying for SSI and SSDI , it is not required that you have attorney representation. However, the hearing before an Administrative Law Judge is your BEST chance of being approved for Social Security benefits. During this stage your chances of being approved are highly improved by having an attorney that is skilled with disability law . Only an experienced lawyer or advocate will understand the difficult and confusing concepts discussed at the hearing.  If you don't have a lawyer you will probably understand very little of what goes on at your hearing. Before your hearing your attorney can prepare you for the questions you will be asked at the hearing. A vocational expert will be a...