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THE FORSYTHE FIRM PRESENTS: "FACTS ABOUT SOCIAL SECURITY DISABILITY"

 Here's everything you always wanted to know about Social Security disability - but were afraid to ask:

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  • Social Security Disability Insurance (SSDI) only protects workers who have paid into the system, either by payroll deduction or with their federal income tax return.  The tax is called "FICA."
  • You must have a minimum number of "work credits" to be eligible for SSDI benefits.
  • The Social Security disability system is not user friendly.
  •  Social Security's definition of "disability" is very strict and hard to meet.  Generally, you must be totally unable to work any full-time job.
  • About 80 percent of initial claims will be denied, usually because "you are still able to perform other work which exists in the national economy."  Many of these denials are made in error.
  • SSDI does not pay the first 5 full months of a disability (the waiting period).
  • Your disability must be expected to last a full 12 months or to end in death or it's not covered.  There is no short-term benefit.
  • The majority of claimants must have a hearing before a federal Administrative Law Judge (ALJ) to be approved.
  • Most people are surprised to learn how long it may take to get benefits.
  • You cannot work at 'substantial gainful activity' when applying for SSDI.
  • Your monthly benefit amount is determined largely by your average lifetime earnings:  the more you earned the higher your benefit.
  • A disabling condition must be documented by credible medical evidence.
  • Disability coverage with Social Security expires a few years after you stop working and stop paying FICA taxes (Social Security taxes).
  • You should be able to accumulate "back pay" while you wait on Social Security to approve your claim.  If approved, you may get paid back to the onset date of your disability, in most cases.
  • An attorney cannot charge you a legal fee unless you are awarded benefits with past due pay.  If you don't get paid, there is no fee. If you win but get no back pay there can be no attorney's fee.

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Charles W. Forsythe is co-founder of The Forsythe Firm in Huntsville, AL.  We specialize in helping claimants through the tough Social Security system and collect disability benefits.  Free consultations.  (256) 799-0297.

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