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

Post a Comment

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. ...
Post a Comment
Read more

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...
Post a Comment
Read more

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...
Post a Comment
Read more