DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

If your Social Security disability application has been denied twice (at two stages) your next appeal will take you before an Administrative Law Judge for a hearing. You will be asked a lot of questions at the hearing and you will be given an opportunity to answer and explain. However, there are some things the judge doesn't want to hear.  In fact, bringing up these things may only irritate the judge and hurt your chance of a favorable decision.  Lets look at a few of them: Stating your opinion of your disability or condition : I think I should be entitled to full disability. I believe I have cancer but the doctor hasn't checked it. My doctor says I need to take this medicine but I don't think it helps.  2 .     Commenting on other people's disability : I know people on disability who aren't nearly as sick as I am. My uncle got on disability and it took him no time at all. My neighbor told me that he got on disability in just 3 weeks. 3.  Telling the...

On this site we have discussed that a person must not be working at 'substantial gainful activity' when applying for Social Security disability (SSDI). Substantial Gainful Activity is abbreviated as SGA. In 2024, it means if you work, you cannot earn at least $1,550 per month and still be eligible for SSDI benefits. But what about volunteer activities?  Can they count as "work"? The short answer is, Yes they can.   Examples of situations where   the SSA might calculate volunteering as SGA   include: your wages would be above the SGA level if you were paid for what you do. you spend more than a few hours a week volunteering; the volunteer work has physical or mental requirements that suggest your ability to work at the SGA level, and you perform this volunteer work regularly and consistently. In short, if you consistently perform volunteer activity for WHICH YOU COULD BE PAID, the volunteer activity may be considered equivalent to Substantial Gainful Activity (SGA). Y...

In order to qualify for Social Security Disability Insurance (SSDI) you must not be working at "substantial gainful activity," or SGA.  This is a restriction that prevents individuals from working and receiving SSDI benefits at the same time. There are 2 key phrases that must be understood here: Substantial Gainful Activity (SGA) - is defined as earning wages, commissions, bonus or self-employment income greater than $1,550 per month.  This amount changes year-to-year because of inflation.  The $1,550 limit is for 2024.   Wages, commissions, bonuses or self-employment income  -  specifically means work-related income, produced by using your labor, time and effort to earn money.  In other words, it is job related income. WHAT TYPES OF INCOME ARE NOT INCLUDED IN SGA? Not all income is work related.  Some income may not require a person to invest work, labor, time or effort to acquire the money.  Here are some examples of income that are NOT in...

Social Security disability law is not taught in most law schools.  It is a very specialized area of expertise that must be learned by on-the-job training or experience. So, when looking for a Social Security disability lawyer, look for experience.  How long has the lawyer been in practice?  How much of his/her time is dedicated to Social Security disability cases?  If he/she spends most of the time dealing with personal injury, automobile wrecks or some other area-- you may not want a lawyer who only "dabbles" in Social Security once in a while. What is their success rate?  No one wins all of the claims or appeals that they handle.  But the national average award (win) rate in hearings is around 45 percent.  Certainly, you don't want an attorney with a win rate below that number; but hopefully well above. ACCESS is another important factor.   Will your lawyer take or return your phone calls?  Can you talk to him/her?  The single greatest...

You probably know someone who applied for Social Security Disability Insurance (SSDI) and was denied.  It's an all-to-common event in Alabama.  You wait for months, only to get a letter saying no benefits will be paid. There are several reasons why claimants in Alabama have a hard time getting SSID: 1.  The system was designed to be difficult.  The premise of Social Security at the beginning was:  Many individuals pay into the system but only a few take out of the system.  The system only survives if about 5 times as many people pay in as take out. 2.  The system has to keep out claimants who are not severely disabled according to the rules and regulations.   3.  Social Security has always believed that people will defraud the system and take a benefit they are not entitled to.  In short, Social Security believes that many individuals will lie in order to get benefits.  So, they are very skeptical.  They demand solid proof. 4....

The Forsythe Firm in Huntsville is Alabama's top Social Security disability advocacy firm.  The Forsythe Firm is here to assist claimants in getting the Social Security disability benefits they deserve.  This includes getting Medicare health insurance that can pay medical bills for you. With decades of Social Security disability experience in Alabama and Tennessee, the Forsythe Firm can expertly handle your disability application, appeal or hearing. With headquarters in Huntsville, the Forsythe Firm reaches out across the state of Alabama and up into Tennessee with top notch Social Security representation.  Social Security is not a sideline with us; it's our first and only business! From the capital city of Montgomery, to the gulf coast, to the Tennessee line and beyond, let Charles W. Forsythe and team cut the red tape and get your Social Security disability benefits (with back pay). The Forsythe Firm has successfully handled disability cases in Alabama, Tennessee, Georg...

Your Social Security disability claim was recently denied.  Did you know you may still get it approved and paid?  You may, if you follow the rules. The Social Security Administration realizes that most new claims will be denied; it's how the system is set up.  They provide a way for denied claims to be further reviewed--with a good chance of success.  It's called the appeal process.  More claims are approved in the appeal process than in the application process. Here is the best way to handle a denied Social Security disability claim: 1.  Realize there is a 60 day deadline to appeal.  Wait longer and you probably cannot appeal.  They are very strict about this deadline. 2.  File a complete appeal.  The main document in your appeal is the Disability Report - Appeal .  It must be completed diligently, crossing every t and doting every i. 3.  Get legal assistance.  Speak to an attorney or advocate who has extensive experience...

  What is SSDI? Social Security Disability Insurance is a federal program that covers workers against loss of wages due to severe, long term disability. This program is paid for by having FICA deducted from your paychecks while you are working. In order to qualify for Social Security Disability benefits, you must meet the following eligibility requirements: Be under your full retirement age Have a severe disability that is expected to last at least one year OR result in death Be unable to perform significant work (this means earning less than $1,550 (gross) per month due to a medical or mental impairment Have earned the necessary work credits by paying FICA over a certain period of time. (If you are below the age of 31, you will need fewer work credits to qualify).  Claimants over age 31 generally need 5 years of work out of the 10 year period before they apply for disability. Meeting all of the above requirements allows you to file an application for SSDI benefits but doesn't...

When trying to get Social Security disability benefits, what's the most important thing? Answer:  Medical Evidence Medical evidence is the one thing Social Security will look at, more than anything else, to decide whether to approve or deny your claim. Most Social Security denials occur because the claimant doesn't have enough medical evidence to prove disability.  Social Security has a very high standard of proof which must be met to get a claim approved. What do they consider to be medical evidence?  It is records from doctors, hospitals, clinics, labs,  counselors, psychiatrists or other medical professionals. Each time you go to see a doctor or medical provider, a record is made of the visit.  The record will state the date of the treatment, the nature of treatment, diagnosis, medications prescribed and other facts. While Social Security tries to obtain your medical records, it's not unusual that they fail to get some evidence that could help your case. Soc...

On January 15, 2024 Martin J. O'Malley was sworn in as the new Commissioner of Social Security. Already, Mr. O'Malley has taken action that indicates understanding of the many problems facing Social Security. He brings fresh vision and hope to this troubled federal agency that has been dealing with increasingly longer wait times, poor customer service and severe work backlogs. Mr. O'Malley has pledged to secure sufficient funding and staffing so that Social Security can do its job. Shortly after being sworn in, he promised that he would "make the train run on time." The new commissioner is the first ever to have a social media presence. He seems to have rolled up his sleeves and become personally involved in making Social Security work for all of us. Mr. O'Malley is former governor of Maryland and prior to that he served two terms as mayor of Baltimore. He has long advocated measuring outputs of government on a real time basis--something new to Social Sec...