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QUALIFYING FOR AUTOMATIC DISABILITY BENEFITS IN ALABAMA

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 "Disability Determination Service" or DDS in Birmingham.  DDS is a rather slow, log jammed agency--fraught with delays and indecision.  On top of that, many of the denials they put forth are legally wrong and can be overturned with appeals (and proper legal representation).

Our Best Advice 

If you are denied, file an appeal within 60 days.  If that appeal (called "Reconsideration") is denied, file another appeal within 60 days.  The second appeal takes you before a federal Administrative Law Judge with wide powers to override lower decisions and give you a totally new review. It's really your best chance.

I am really not soliciting new clients here because I have about as many clients as I can handle.  That said, you will need some legal help in the appeals process.  I take a few new appeal cases and there are many fine lawyers in the Huntsville-Decatur area who handle SSDI cases.  Generally, you will not be charged a fee unless you get approved with past due benefits.

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Author:  Charles W. Forsythe, The Forsythe Firm, 7027 Old Madison Pike, Huntsville, AL 35806.  Phone (256) 799-0297.

 

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