Social Security is a mega-bureauracy with thousands of rules and regulations. Here are a few facts about Social Security disability that may help you if you are considering filing for disability benefits:
1. You must have worked long enough and recently enough at jobs which paid into the Social Security system. By doing this, you earn "quarters of coverage" or "work credits." Your past 10 years of work history is crucial to determine if you have "insured status" for SSDI.
2. Your disabling impairment(s) must have lasted or be expected to last for at least 12 straight months or be a terminal illness. There is no benefit for a short term disability (one that will last fewer than 12 months).
3. You must be totally disabled. Social Security defines this as being unable to perform any work available in the national economy. Individuals age 50 and over may find some flexibility here under the grid rules (Medical-Vocational Guidelines).
4. SSDI has a 5-month waiting period. In short, you do not get a benefit for the first five months after you become disabled.
5. You cannot file for disability while you are still working. Under 2023 rules, you are working at substantial gainful activity (SGA) if you receive wages, commissions or other work related compensation of $1,470 per month or more. Self-employment is also considered "substantial gainful activity."
6. You may need a lawyer or professional advocate to help you get benefits. About 7 out of 10 initial claims are denied. At the second stage, called "Reconsideration," only about 10 percent are approved. The final administrative appeal is a hearing before a federal administrative law judge (ALJ) where the approval rate averages almost 50 percent. Do not have a hearing without your advocate/attorney present. It will be disastrous.
The Forsythe Firm in Huntsville, AL specializes in Social Security disability (SSDI) cases. We can help you obtain evidence to prove your disability. If we accept your case, we will never charge you a fee of any kind until you win and receive back pay (past due benefits). For a free case evaluation/consultation, contact the Forsythe Firm at (256) 799-0297 or (256) 503-8151.
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