DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

  It's no secret that Social Security disability benefits are hard to get. Only about 27 percent of claimants who meet the technical requirements for disability are approved at the initial stage of the process. Many applicants who are eligible for benefits get denied. You should qualify for benefits if you meet these conditions: You are unable to work in the same types of work you did for 15 years prior to becoming disabled; and You are unable to perform any other type of substantial gainful activity, which means you are incapable of performing work where you can earn at least $1,470 per month; and Your disabling condition has lasted or is expected to last for a period of at least one year or your disabling condition will result in death. Why are so many applications denied? The truth is, Social Security has a very strict definition of "disability." And the medical evidence required to prove disability is staggering. Once an attorney gets involved in your case, ...

I read many blogs on the internet which say: "it takes 3 to 5 months" to get a Social Security disability decision. " If you check the dates when those blogs were written, you will find that they are very old.  In fact, they were written before the COVID pandemic began in March 2020. The 3 to 5 month estimate does not reflect 2023 processing time.  Not at all! The Pandemic changed everything in terms of Social Security timelines.  Applications that once took 3 to 5 months began taking 10 to 12 months--or longer. The Social Security Administration went into chaos and dysfunction when COVID hit in 2020.  It has not recovered. In nearly every area there are severe staff shortages; not enough staff to do the job in a reasonable time. I have individuals call me almost everyday and say, " But the internet says I should get a decision in 3 to 5 months...."  That once was true, but it is no longer true.  That is pre-pandemic thinking, not reality. The Social Secu...

Under Social Security law, a disability is any medically determined impairment that will last at least one year and is severe enough to prevent you from working for 12 straight months or more.  It can be a physical or mental impairment. Social Security has no short term disability program and no partial disability benefit. Please not the following about what they consider to be a "disability." 1. The key is that your condition makes you unable to work. 2.  Your impairment must be expected to last 12 months or more. 3.  Your medical condition must be "medically determined," i.e., you must have acceptable medical evidence of your impairment(s). 4.  You must not be working a substantial gainful activity (SGA) at the time you apply.   In 2023, you cannot be working and earning wages of $1,470 per month or more. 5.  You need enough "work credits" to support an SSDI claim.  Generally, you must have worked at least 5 years out of the most recent 10-year...

  20 CFR.404 § 416.902 lists who is an "acceptable medical source" with Social Security to provide evidence of a disability. Acceptable medical sources include the following 8 professionals: (1) Licensed physician (medical or osteopathic doctor); (2) Licensed psychologist, which includes: (3) Licensed optometrist for impairments of visual disorders, or measurement of visual acuity and visual fields only, depending on the scope of practice in the State in which the optometrist practices; (4) Licensed podiatrist for impairments of the foot, or foot and ankle only, depending on whether the State in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and ankle; (5) Qualified speech-language pathologist for speech or language impairments only. (6) Licensed audiologist for impairments of hearing loss, auditory processing disorders, and balance disorders within the licensed scope of practice only (with respect to claims filed  ...

  If you apply for Social Security disability while working full time you will be automatically denied.  They won't even consider your medical conditions.  However, you can apply for disability benefits if you are working part-time and keep your wages below "Substantial Gainful Activity" (SGA) level. So, how much can you earn from work and still apply for SSDI?  The amount changes year to year based on inflation.  In 2023 the amount of SGA is $1,470 per month.  If you earn less than that amount you can apply for Social Security disability. A spouse's wages or other family income will not hinder Social Security benefits.  Applying for disability benefits can be quite a dilemma.  If you quit working can you support yourself while trying to get disability approved?  If you cut back to earning less than $1,470 per month, will that be enough to make ends meet?  Also to be considered:  It may take a long time to get SSDI approved.  ...

  I want to discuss specific ways to bolster your odds of winning a Social Security disability appeal. Your best chance for victory is at a hearing with an Administrative Law Judge (ALJ). Unfortunately, just getting to the hearing stage can be a rather lengthy process. However, the hearing represents your best chance to get benefits. Most claimants will only get one hearing, so here are ways to make the most of it. Update information and medical records. Your medical records change each time you visit your doctor, go to an ER or urgent care clinic, have a medical test performed or start taking a new drug. Prior to a hearing, it is up to the claimant (or his/her attorney) to update all medical records and other evidence for the judge to review. Social Security will NOT do this for you. Consider taking more tests and providing further documentation on your impairments. If you have spine or joint problems you may need an MRI to show the severity. With heart problems, you may ...

Before you try for Social Security disability you should understand the "5 Year Rule." The 5 year rule says that you must have worked at a job which is covered by Social Security for at least 5 years out of the most recent 10-year period. What's this all about?  The simple way to explain it is:  You must work and pay into Social Security before you can take benefits out. Social Security is supported by special payroll deductions called "FICA."  (Federal Insurance Contribution Act).  You and your employer pay a percentage of your wages into the Social Security trust fund.  After years of working you become "insured" against disability because you paid these FICA taxes. However, when you stop working you stop paying FICA.  And after a few years (usually about 5) you become "uninsured" against disability with Social Security.  If you become disabled while non-insured there is no money to pay benefits, no matter how sick you are. So, working and...

Social Security denies disability claims by the millions.  The catch-all reason they give:  "You are not disabled according to our rules." The 2 specific rules they use to deny claims are most often: You have some restrictions in your ability to perform work activities but you are still able to perform some of your past relevant work as it is generally performed in the national economy.  This is called a "Step 4" denial.\ You are not able to perform your past work; however, there are other jobs in the national economy that you can perform.  This is a "Step 5" denial. So it boils down to this:  If they find you can perform even one of your past jobs you are not disabled.  Also, if you are not able to perform any past job but can perform some other job you are not disabled.   Getting Social Security disability is like walking a tightrope.  The rules are extremely strict and it's more likely to be denied than approved.   When I represent a clien...

  In about 1 case out of 3, Social Security will send the disability claimant for a consultative examination by one of their doctors. It may sound like a good idea.  But usually not.  Here's why: Social Security doctors rarely do anything to help your disability claim.  They usually hurt your claim and give Social Security a reason to deny your benefit.  Why? 1.  These doctors don't know you, have never laid eyes on you, and have no idea about your medical history--except what you tell them in the 10 or 15 minutes allowed during the exam. 2.  The exam will be brief and usually incomplete.  If there is no obvious deformity, the doctor usually finds no impairment serious enough to meet Social Security's very strict definition of disability. 3.  The doctor may not be a specialist.  He or she may have limited experience with the particular area of impairment that you have. 4.  No tests are usually done.  While a consultative exam m...

SCAMMERS ARE TRYING TO STEAL YOUR PERSONAL INFORMATION. THE FOLLOWING ARE ALL SCAM CALLS:  GUARANTEED.   1.  Your Social Security number has been involved in some suspicious or criminal activity.  It is important that we speak to you.... 2.  Your Social Security card/account/check is being suspended because of suspicious activity.  Please call us..... 3.  This is the Social Security Administration, calling to inform you that you may be eligible for a larger benefit.  It is important that we speak to you....... 4.  We need to speak to you to confirm you Social Security number and other information.  Please call us..... 5.  We are calling to confirm important information so that your Social Security benefits will not be interrupted..... ___________ The "real" Social Security Administration never makes this type of call.  They do not use automatic "robo" dialers to make calls.  These are always scams, fishing for personal inf...

1 out of 4 Americans will become disabled before reaching retirement age.  Most of them do not have a plan for disability.  When it suddenly happens, they will turn to Social Security Disability Insurance (SSDI) but will find it woefully inadequate for survival.   Here are 4 reasons why. 1.  There is no possibility of a Social Security disability check during the first 6 months of your disability.  Why?  SSDI has a 5-month waiting period, meaning they do not pay any benefits for the first 5 full months of disability.  And they pay one month behind.  So, fully six months or more will pass before you can receive the first penny--even if you are approved quickly. 2.  The average Social Security disability benefit in 2023 is around $1,558 per month.  That isn't enough to live on in today's economy.  It certainly isn't what most disabled persons were once earning.   3.  It is common to wait 1 to 2 years, or even more, for Socia...

Here, I will give some common remarks made in disability hearings.  After each remark, I will give you what the judge hears. 1.  I can't find any work.  No one will hire me. The judge hears:  "I could work if I could find some work.  I have employment problems but disability would tide me over 'til I find a job."  2.  I quit my last job after having a fight with my boss. The judge hears:  "I'm a little hard to get along with; I could be working if it'd just bit my lip and held my temper." 3.       I know people getting disability benefits who are not nearly as sick as I am. The Judge hears:  "All you idiots at Social Security just throw money away to people who don't deserve it but you pick on me."  (Guaranteed to make the judge mad).   4.  I do chores around my house and go for walks; I can drive and I shop once a week." The judge hears:  "I'm not as active as I was when I was 18, but I'm doing pretty well...

Don't say any of these things in your disability hearing or interview.  (Please)!   No one will hire me; I can't find work.   It is not the issue. You're not applying for unemployment, but disability.   I'm not getting any medical treatment; I can't afford it. If this is an issue, let your lawyer address it for you.  No medical treatment = no benefits. I have a history of drug or alcohol abuse. This is always negative so don't volunteer the information unless you're asked. I do chores around the house and go for walks. Your activity level makes it sound like you're not disabled. I have unbearable pain of 10 on s scale of 1 to 10 all the time. This will sound unreasonable and exaggerated.  No one will believe you. I quit my last job after a fight with my boss. This isn't a disability issue and can only hurt your disability case. I know others not as sick as I who get disability benefits. Even if true it doesn't help you.  What does it have to do w...

Social Security Raises the disability benefit up to a maximum of $3,822 per month for 2024. Social Security is always trying to keep up with inflation by annually raising the disability benefits. So, if you become disabled will you get that much? No, that's the maximum benefit possible.  Actual benefits are based on the claimant's lifetime earnings. However, Social Security disability is no longer the penny ante amount it once was.  It's real money and meant to help families who've lost income due to a bread winner's disability. To be approved for Social Security disability a claimant must prove a severe medical condition that prevents the ability to work.  That disabling condition must be expected to last at least 12 straight months.   The approval process is usually difficult.  In many cases, Social Security will determine that the claimant does have some restrictions on the ability to work, but that his or her impairment is not so severe that it prevents all ...

Do you have questions about Social Security disability?   The Forsythe Firm has answers.  (256) 799-0297. Q.  Who can apply for Social Security disability? A.  Anyone under full retirement age who has worked long enough, and recently enough, to accumulate the required work credits. Q.  How much would my SSDI monthly benefit be? A.  Your benefit depends on your lifetime earnings.  The 2023 maximum monthly benefit is $3,627. Q.  Is it difficult to get disability benefits? A.  Honestly, yes.  The process is often long and difficult.  You may to have to undertake 2 appeals and have a hearing to be approved.    Q.  What medical conditions can qualify for SSDI benefits? A.  Many different impairments can qualify.  The 2 important factors are:  The condition is severe and prevents you from being able to work a full-time job, and the condition has lasted or is expected to last at least 12 straight months (or to...

Social Security disability claims often result in back pay or past due benefits.  Back pay may occur for 2 reasons: 1.  The claimant became disabled up to 12 months before filing the application for benefits.  In this case, he may collect 12 months of benefits as back pay. 2.  Additional back pay may accumulate while waiting on Social Security to make a decision.  Especially in cases involving appeals, it may take a year or two to get a decision  Thus, Social Security may pay a month of benefits for each month the claimant waited on a decision or disposition.   Back pay begins on the date of disability (the "onset date") and will be reduced by a full 5 months due to the waiting period for Title 2 claims (SSDI). Back pay may only "go back" to 12 months prior to the application date.  However, back pay may accumulate for any length of time "going foward"--after the application date--as the claimant waits for Social Security to process the claim and ...