DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

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...

  Why does it take years to get Social Security to pay a legitimate disability claim?  Why does up to 80 percent of disability claims get denied?  Why must you go through 2 or 3 lengthy appeals to get the money we all know you deserve under the law? The most common reason Social Security denies claims is failure to prove that you are disabled under the Social Security rules.  The two key phrases are:  prove disability , and under their rules .  There must be solid, objective medical evidence that proves you are not able to work.  Some would say that this evidence must be so overwhelming that nobody could deny it.  Social Security certainly will deny it if they can.  You must have your doctor(s) on board. Also, the definition of "disabled" under Social Security is very, very strict.  You must be unable to perform any work which exists in the U.S. economy.  Unlike many other disability programs, the only people Social Security pays ar...

  If you suddenly become disabled and need to collect Social Security disability insurance (SSDI), be prepared for a long wait and a difficult fight.  Social Security denies over 75 percent of claims after an average wait of 10 to 12 months.  Here is the usual process for a Social Security disability application: Step 1:  The application.  The wait to get your application reviewed can be 12 months or longer.  That's because up to 1 to 2 million people file disability applications each year. Step 2:  Reconsideration.  The first appeal for a denied claim is called "Reconsideration."  Your application goes back to the same overwhelmed state agency that denied it in the first place.  The denial rate for "Reconsideration" is near 90 percent.  And this process can take 12 to 18 months, or longer in some cases. Step 3:  Hearing.  Your case next goes before an Administrative Law Judge (ALJ) for a hearing.  You and your repres...

  The claimant's age plays an important part in Social Security Disability (SSDI) decisions. Social Security uses age categories, as follows: Younger Individual - This refers to an individual who is below the age of 50. Since these individuals cannot meet a Medical-Vocational Guideline (grid rule), they have the hardest time getting SSDI benefits. If Social Security can demonstrate that these claimants are able to perform any type of work, even unskilled, sedentary jobs, they will be denied. Closely Approaching Advanced Age - This category is for individuals who are age 50 through 54. Individuals in this category might meet a grid rule, especially if they are limited to sedentary unskilled work due to their medical impairment. Advanced Age - Refers to claimants who are age 55 and over. The basic advantage these individuals have is that Social Security usually does not expect them to adapt to totally new types of work. The grid rules will often direct a finding of "dis...

What is a Residual Functional Capacity (RFC)? It's a term most of don't use; however, it can help you get Social Security disability (SSDI) benefits. In fact, an RFC report from your doctor by be the most important piece of medical evidence that you provide to Social Security. Why? Because Social Security decides eligibility for disability payments based on one question: ARE YOU ABLE TO WORK? Whether you are able to work or not depends on how much work activity you can perform in an 8-hour workday: how much sitting, standing, lifting, bending, reaching, squatting, kneeling, crouching, crawling, etc. The estimates must be very specific. For example: "This individual would be limited to sitting no more than 1 hour at a time or 4 hours during an 8-hour day." Or, "This individual could lift no more than 10 pounds occasionally." Or, "This patient will be restricted to only occasional reaching with the right dominant extremity." What is there ...