Skip to main content

SOME THINGS TO KNOW ABOUT SOCIAL SECURITY DISABILITY (SSDI)

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.
 
 
 
 
 
 
 
 

Comments

Popular posts from this blog

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...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...