Skip to main content

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.

_______________

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

 

Comments

Post a Comment

Popular posts from this blog

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

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...
Post a Comment
Read more

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...
Post a Comment
Read more