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SOCIAL SECURITY DISABILITY....YOUR QUESTIONS ANSWERED

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 end in death).

Q.  May I apply while I'm still trying to work?

A.  No.  If you are working and earning wages of $1,470 per month or more, you are engaged in Substantial Gainful Activity that will result in an automatic denial.

Q.  Could I work part-time and apply for Social Security disability (SSDI)?

A.  Yes, that may be possible.  In 2023, you must earn wages of less than $1,470/month  before any taxes are withheld.

Q.  Is a lawyer required?

A.  No, you may file yourself.  However, we do not advise going into the appeal process without representation.  A study by the Government Accountability Office (GAO) finds that claimants who are not represented only win 30 percent of the time--but claimants who have representatives win 60 percent of the time.

Q.  How much does it cost to hire a Social Security disability attorney?

A.  Nothing upfront.  Your representative may only charge you a fee AFTER you win and AFTER you are approved for back pay.  The fee will be a small percentage of the lump sum back pay you receive.  And the government places caps or limits on the fee amounts.

Q.  How long does the process to get SSDI usually take?

A.  Each case is different, so it's impossible to say.  In Alabama, the average time for an initial decision on a new application is now 290 days.  If the decision is a denial, it may take 12 to 24 months for the appeal process to play out.  Not all claims take this long, however.

 Q.  What does Social Security consider in deciding if I can get benefits?

A.    Your age, education, past relevant work and limitations imposed by your medical and/or mental impairments.

Q.      Must I be poor or have limited financial resources to get SSDI benefits?

A.     No.  Social Security disability benefits are not means tested, meaning there is no restriction on how much money your family can have.  Household income, such as a spouse's job or savings do not enter into the picture.  (This is not true for Supplemental Security Income or SSI, which is a very different type of program).

Q.    What gives me the best advantage to be approved?

A.    I would say your age and your medical records.  An individual age 50 or above is more likely to be approved, yet some younger persons are approved.  Medical treatment to show the nature, duration and severity of your impairments is also very important.

Q.  What is meant by needing "quarters of coverage" or adequate work history to support an SSDI claim?  

A.  An individual obtains disability coverage under the Social Security Act by having FICA tax withheld from his/her paychecks.  You must "pay in before you can take out."  For most individuals, you must have worked 5 years out of the most recent 10 year period.  Rules can be easier for young claimants.

Q.  Do children or dependents also get benefits when the parent is disabled.

A.  Yes.  In most cases, dependent children under the age of 19 and still in school may get benefits when the parent becomes eligible.  These benefits continue until the child reaches age 19 or graduates high school.

Q.  Can my doctor help?  Yes.  Ask your doctor to complete a "Residual Functional Capacity" (RFC) form to submit to Social Security.  This form gives the doctor's professional opinion about what type of work activities you are still able to perform in spite of your various medical/mental impairments.  A simple letter from your doctor may not help at all.  (Use a Social Security approved form).

Q.  What's the first step?

A.  Fill out the long, complicated application and the various accompanying forms (Function Report, Work History Report, Disability Report, etc.).  The form is tedious, long and very detailed.  It will take time and great care to fill it out completely and correctly. Claimants who skimp on the application forms invite a denial and a long delay.  A few attorneys will help complete the initial application forms with no upfront cost.  Many attorneys, however, will only take a case after the application has been denied.  This is because it can take hours to correctly file a new application.

More questions?  Contact one of the professionals at The Forsythe Firm in Huntsville.  We answer your questions for free.  

Call us at (256) 799-0297.  Serving Huntsville & North Alabama

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