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

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. ...

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...

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...