Skip to main content

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:

T
  • 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.

________

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.

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...
Post a Comment
Read more

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more