DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

Social Security disability attorneys work on a contingency fee basis.  This means that you cannot be charged a fee unless you are approved with past due benefits or back payments.  If you are not approved the attorney's fee is $0.  He/she has worked on your case for up to 2 years for free. The amount of an attorney's fee is set by the Social Security Administration.  The fee is the lesser of 25 percent of your back pay OR $7,200.  The smaller of these amounts will be the fee that Social Security will approve. (Note:  On 11/30/24 Social Security will increase the maximum attorney fee to $9,200 but it will still be based on 25 percent). If you are awarded past due benefits Social Security will send a check to your attorney to pay the legal fee.  This comes out of your back pay.  For any claim won at the hearing level or before the fee is limited to 25 percent of back pay or $7,200, whichever is smaller. However, the legal fee may never be more than ...

While no two SSDI applications are alike, data over many decades has proven what typically happens to Social Security disability (SSDI) claims.  The following observations are taken from state and national data. FILE THE APPLICATION - STEP 1  Your application goes to a state agency, the Disability Determination Service (DDS) which works under contract with the Social Security Administration.   DDS takes months to review your application and will only approve about 22 percent.  So a denial is very likely here. FILE FOR "RECONSIDERATION" - STEP 2 The first appeal is called "Reconsideration" and it sends your denied claim  back to the people that denied it--the DDS.  "Reconsideration" will take several more months and you will most likely be denied again.  Many of us see "Reconsideration" as a rubber stamp of the initial denial.  Unless you have strong additional evidence, this step is usually a waste of time; however, it is required before you can ...

Your doctor is a very important part of your Social Security disability application. However, it's important to understand what doctors can and cannot do. Your doctor cannot make the following conclusions: You are disabled. You are not able to work. Both of those conclusions are reserved to the Commissioner of Social Security (20 CFR § 404.1527). Only the Commissioner may say that a person is disabled or that (s)he cannot work.   HERE ARE SOME THINGS YOUR DOCTOR MAY STATE (AS EXAMPLES) 1.  My patient can lift/carry no more than 10 pounds. 2.  He can sit no longer than 30 minutes at a time. 3.  She could stand no longer than 45 minutes at a time and not more than 3 hours in an 8-hr. workday. 4.  This patient requires the use of a cane to walk. 5.  I estimate that this patient would be absent more than 3 days per month due to medical symptoms.   In other words, your doctor may provide his/her opinion about specific limits on your functions :  liftin...

Almost 80 percent of Social Security disability applications are denied.  Why is the approval rate so dismal? The biggest non-medical reason for denial is that the claimant does not have enough work credits to support the claim.  In short, simple terms:  He has not worked enough, or recently enough, to have coverage under Title II of the Social Security Act.  Even if disabled there is no coverage. The biggest medical reason for denial is:  Social Security does not find the claimant's medical condition(s) severe enough to prevent him/her from working.  Here is common language you see in the denial letters: "You have some restrictions in the ability to work; however, we find there are some jobs in the national economy that you can do." "We have determined that your impairments are non-severe in nature and that you can perform other work as it exists in the national economy."   In short, you have failed to provide adequate objective medical evidence to p...

You get to a hearing with a judge only after your disability case has been denied twice:  once at application and again at "Reconsideration." Judges have authority to ignore other decisions and give you a new and better decision or approval. But how do judges decide Social Security disability cases?  Believe it or not there are established, set rules for doing so.   First the judge must decide whether you have worked since you claim to have become disabled.  If you have, (s)he must decide if you worked enough to have "substantial gainful activity," according to certain wage limits set by the regulations. Second, the judge must decide whether you have a "severe and medically determinable impairment" that significantly interferes with your ability to perform work activities on a full-time basis.  Then, it will be decided whether you meet or equal one of the agency's published Listings.  (Most claimants will not). If you do not meet a Listing, the Judge m...

Some conditions automatically qualify for benefits under Social Security Disability Insurance (SSDI).  While we can't discuss all of them here, some of the conditions that may get approved "automatically" include. A severe condition that meets one of the Listings in 20 Code of Federal Regulations, Part 404, Subpart P, Appendix 1 ("the Listings").  You must meet the severity requirements given in the appropriate Listing. One of the illnesses listed in the Compassionate Allowance list. Any fatal medical condition expected to result in death within 12 months. Whenever your legal representative evaluates your claim,(s)he will look for any circumstance where an automatic approval could apply. Most claimants, of course, will not automatically qualify for disability.  Their application process may take longer and they will often need to go through a lengthy appeal process to be approved. In Alabama the initial decision is made by a state agency called the "Disab...

When I was in graduate school, one of my professors had a saying:  " The greatest ability is availability ." If you aren't available to your clients, it doesn't matter what your abilities are.  I've remembered that principle all these years.  That's why you speak to me when you call The Forsythe Firm.  And if you leave me a message, I will personally call you back. If we represent you in a Social Security disability case, we will be available to answer your questions and advocate for you.  You should never call my office without speaking to me, either now or with a prompt return phone call.  Even if you only want to ask questions. Want a representative who is available ?  Call me. (256) 799-0297.  The Forsythe Firm.  Huntsville  

In 2024, the Social Security Administration will deny about 75 percent of new disability claims.  And they will deny around 85 percent of claims on Reconsideration (the first appeal). This is just what they do.  Denials are to be expected but not accepted. I know, I know:  I've heard all the stories:  People get on disability benefits all the time who are healthy and have nothing wrong with them.  Just let me say:  I've heard all the stories and it may sometimes happen.  But I've never had a problem with individuals getting disability benefits who didn't deserve them.  What I experience is individuals who desperately deserve benefits but have to fight tooth and nail to get them. So, if you are unfortunate enough to be denied for Social Security disability, how should you respond?  Here is the straight of it: 1.  Find out WHY you were denied.  Usually, it's because Social Security wasn't convinced that you have a severe impairment th...