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WHAT YOU NEED TO FILE A SOCIAL SECURITY DISABILITY CLAIM

Social Security provides a disability insurance program for covered workers called SSDI or Social Security Disability Insurance.

SSDI is not available to everyone.  Here are the primary requirements:

  •  You need to have worked in a job where you paid taxes for Social Security.  This is called FICA tax.
  • In 2023, you need to have obtained 40 work credits in total and 20 over the last 10 years. In 2023, you gain one work credit for every $1,640 you earned from wages or income from self-employment. There are also special conditions for younger disabled individuals who may not have had time to obtain the necessary work credits.
  • You need to prove that your disability or your illness has prevented you from working for either the past 12 months OR will prevent you from working for 12 months or longer.*
  • You also need to prove that you are not meeting the Substantial Gainful Activity(SGA) of earned income per month. In 2023, that is $1,470. If you are working and earning more than that amount in a month, even if you have a disability, you are not eligible for SSDI benefits.

No SSDI benefits are paid for partial disabilities or disabilities that last less than 12 months.k

The main test Social Security will use in deciding if you are disabled is:  Are you able to work?  Can you work at your past relevant work or at another job which exists in the national economy?

Most SSDI claims will be denied twice before they become eligible for serious consideration.  Most claims won't be seriously considered until they reach a hearing with an administrative law judge (ALJ).

A US government study found that disability claimants who used an attorney or advocate were 3 times more likely to get benefits than those who didn't use an advocate or lawyer.  

It stands to reason that someone who is trained and experienced in Social Security law will get better results than someone who isn't.

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The Forsythe Firm in Huntsville, AL provides free consultations and assistance with Social Security disability claims.  We specialize in persons who are age 50+ or who have been denied benefits within 60 days.  A large part of our practice is appeals and hearings where we have a high rate of success.  Call (256) 799-0297 or (256) 503-8151. Visit Our Website

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