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

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

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...