DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

Approval for Social Security Disability Insurance (SSDI) is a process that can take a long time, and usually does.  Here are the 3 steps that most claimants will go through: Step 1 :  File an application with the Social Security Administration (SSA).  This puts the claimant under a lengthy process of review that may take 12 months or more to complete.  Unfortunately, the denial rate here is around 75 to 80 percent.  Yes, even well qualified claimants get denied. Step 2 :  The second step (after being denied in Step 1) is called "Reconsideration."  I place that word in quotation marks for a reason.  It has an even higher denial rate than step 1.  In "Reconsideration," the same office that denied the claim will "reconsider" it and usually deny it again.  This step cannot be skipped. Step 3 :  If denied at "Reconsideration," the next appeal takes the case before a federal administrative law judge (ALJ) for a hearing.  The odds of ...

Social Security will call a vocational witness to attend every hearing for an adult claimant.  The vocational witness (sometimes called a "vocational expert") is paid by the Social Security Administration but is supposed to be a neutral witness--neither advocating for or opposing the claimant.   The vocational witness (VW) will play a vital role in deciding whether you receive benefits.  The VW has several purposes at hearings: 1.  Classify all of the claimant's Past Relevant Work (PRW).  PRW includes all the full-time jobs the claimant has held for the past 15 years.  These jobs will be described in detail to the VW.  He/she will then classify them in two ways: Each job's exertion level (sedentary, light, medium, heavy or very heavy) Each job s skill level (unskilled, semi-skilled, skilled) 2.  Answer the judge's questions about how various impairments effect the ability to perform various types of work.  Using these answer, the judge will d...

In 2024 the maximum award for Social Security disability will be $3,822 per month.      (This applies to new claims). However, the average award won't be that much.   Your actual benefit will be based on your average lifetime wages. Social Security is funded by workers who pay FICA tax through payroll deduction.  The more you pay, and the longer you pay, the higher your benefit will be.  Basically:  Pay in More = Get Back More. Social Security uses the term "Primary Insurance Amount" (PIA) for your estimated monthly benefit.  If you have a "My Social Security" account, it may provide you with the benefit amount.  Or, you may call your local Social Security field office and request the amount.  In Huntsville, the number is 1-866-593-0665. _________ The Forsythe Firm assists claimants with getting approved for SSDI benefits.  We handle filing, appeals and hearings.  Free consultations t (256) 799-0297 or (256) 503-8151.

It's no secret that Social Security denies most disability claims.  In fact, around 8 out of 10 new applications will be denied this year.   Why these dismal denial rates? The main reason for denials is that Social Security rules require Complete, total disability (a complete inability to work) Inability to work at ANY job, not the one(s) you have done A lot of objective medical evidence from your doctors A residual functional capacity stating why you can't perform work-like activities (sitting/standing/walking/lifting/reaching/bending, etc.) Besides that, a claimant needs a lot of luck to be approved in the initial application process.  The early process is one of elimination or weeding out.  When there is any doubt whether a claimant meets all the rules, the claim is denied.  There are a lot of things going against the claimant at this early level.  Among the factors considered are:  age, education, past work experience, and severity of impairment(s)...

You appear at a hearing after Social Security has denied your application, then denied your Reconsideration appeal.  The hearing is your third step in the process--and a very important step. Judges don't usually announce their decision on the day of the hearing.   Here are some signs that you probably won your hearing and will be approved: The judge asked the vocational expert just one question. The vocational expert testifies that there are no jobs that you can perform--and he says this for every question the judge asks. The judge cuts the hearing off short:  "I have all the information I need," or "Let's just concentrate on transferable skills." A medical expert states that you meet or equal a listing. The judge hints that your decision will be favorable. It can take 3 to 6 weeks to get the judge's written decision in the mail.  However, your representative will receive the decision before it is mailed and may call you to notify you of the decision. On...

SSDI stands for Social Security Disability Insurance.  It covers workers and recent workers who have paid into the Social Security system and become disabled. SSI stands for Supplemental Security Income.  It requires no work history/credits but requires a medical disability plus very limited resources and income. Which pays the larger benefit, SSDI or SSI? The answer is SSDI, potentially.    In 2024, the maximum SSDI benefit for an individual is $3,822 per month.  Your actual benefit will be based on your average lifetime earnings. In 2024, the maximum SSI benefit will be $943 per month for an individual or $1,731 for a couple.  Your actual benefit will depend on several factors, including financial need. When you should apply for SSDI:  Generally, you should apply for SSDI (Title 2) benefits if you have previously worked for at least 5 years out of the past 10-year period.  This claim can potentially get a much larger benefit than SSI, and it doe...

  BATTLING SHRINKFLATION or MISSING 2 OF MY DONUTS Millions of Americans are struggling to live on Social Security--either a retirement or disability benefit. These individuals struggle with inflation which requires more and more money to buy less and less goods and services.   A particular form of inflation that I have noticed cuts into your purchasing power from 2 sides:  the size of the product gets smaller but the price increases.  That is: pay more but get less. I call this "shrinkflation" or "skimpflation."  It's a sneaky way to increase prices, hoping you won't notice. There's a store near me that sold a gallon of laundry bleach for $1.00.  But recently, I noticed the price has increased from $1.00 to $1.25--a 25 percent increase.  But that's not all. The size of the product was also decreased by 25 percent--from 1 gallon to 3 quarts. So the actual price increase is 50 percent! Another example:  I buy  an 8-pack carton of granola bars ...

  Social Security will issue a Step 5 disability decision when a claimant is unable to perform his/her current work, but can perform "other work" which exists in substantial numbers in the national economy. Example:  Jack is a 47 year-old carpenter and his work requires 8 hours per day of standing or walking with frequent climbing of ladders.  His job requires him to lift up to 40 pounds at times and perform frequent bending, reaching and overhead reaching.  Jack develops arthritis in his lower spine which prevents these activities.  Since he can no longer perform his work as a carpenter, is Jack disabled under Social Security rules? Probably not.  Jack may be able to perform "other work which exists in substantial numbers in the national economy." At a Social Security hearing, a vocational expert may testify that Jack is unable to meet the physical demands of work as a carpenter.  However, he can meet the demands of easier "other" work, such a...

Social Security will issue a "Step 4" disabililty denial when the claimant cannot perform any past relevant work--that is, he can't perform any full-time job that he has held during the past 15 year period. Example: Susan, who is 42 years old,  has worked for the last 9 years as a warehouse stock clerk.  This work requires standing and/or walking more than 6 hours per day, frequent bending--and lifting up to 60 pounds at times.  Social Security classifies this work as "medium level work."  Susan has developed lumbar disc problems with back pain and she can no longer do the standing, walking or lifting required in her warehouse job.  In the past 15 years, Susan had a job as an office manager for a dental office.  She held this job for 4 years and it required less than 2 hours per day of standing/walking and lifting less than 10 pounds occasionally.  It is classified by Social Security as sedentary work.  Now, since Susan is no longer able to contin...

Social Security will issue a Step Two disability denial when it determines that a claimant does not have a severe impairment which: 1.  Has lasted for at least 12 straight months; 2.  Is not expected to last for at least 12 straight months,  3.  Or is not expected to end in death One of these 3 requirements must be met to satisfy Social Security's "duration requirement." In short, Social Security will not pay benefits for a short-term medical or mental condition lasting less than 1 year. For example, Mr. Claimant had to have heart surgery for a blocked artery.  Since this surgery can lead to full recovery in less than 1 year, it would not be covered by Social Security disability insurance.  Or, Ms. Claimant was injured in a serious vehicle accident.  She had to be hospitalized for 2 months followed by 3 months of physical therapy.  Thus, she was off work for about 5 months, after which she made a full recovery.  She is not eligible for SSDI b...

  There are 5 sequential steps that Social Security decision makers must take to arrive at a decision on a disability claim. A Step One denial occurs when the claimant is still working at "substantial gainful activity" or SGA.  Working disqualifies the claimant and makes an award of SSDI benefits impossible. The overriding dogmas of Social Security is this:  Benefits are available only for individuals who are unable to work.  Working proves that an individual is ABLE to work; therefore, he/she is not disabled.  A denial ensues. In 2023, Social Security will find that you are engaged in "substantial gainful activity" if you are working and earning at least $1,470 per month is wages, salary, commissions or self-employment income (for a claimant is not blind). In 2024, SGA will be redefined as earning at least $1,550 per month for non-blind individuals and at least $2,990 for blind individuals. In conclusion, if you work and earn at least $1,470 in 2023, you will g...

You might think that Congestive Heart Failure (CHF) would automatically qualify for Social Security Disability (SSDI) benefits.  That's not necessarily the case. The Social Security Administration (SSA) has specific criteria to evaluate whether your CHF is a disabling medical condition or not . In order to prove you meet the criteria your medical records must show that you suffer from severe, continuing heart failure even after treatment. If you look up CHF on the Social Security website, you will probably see criteria for meeting a "Blue Book Listing."  If you meet the Listing requirements you will qualify for benefits.  However, a lot of claimants who don't meet the Listing criteria may still qualify for disability benefits. Social Security will consider your heart function and severity of symptoms. Heart function is usually based on echocardiogram tests which measure the Left Ventricle Ejection Fraction (LFEF).  This measures how much blood your heart is pumping. ...