Skip to main content

WHY IS IT SO HARD TO GET SOCIAL SECURITY DISABILITY IN ALABAMA?

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 burden of proof is sometimes unreasonable.  The term burden of proof  means that you are not disabled unless you can prove that you are. The claimant must find strong, objective evidence of being disabled. This burden is on the claimant, not on the Social Security Administration.

5.  Some Social Security claims aren't reviewed carefully or the examiner makes mistakes.  Consider this fact:  About 7 out of 10 initial claims are denied.  Yet, 5 out of 10 of those denials will be approved before a judge.  That's a very high rate of erroneous denials.  Your claim gets a lot closer review with a judge and the approval rates with a judge are statistically higher.

6.  Many claimants don't know how to meet their burden of proof.  Many individuals don't understand exactly what Social Security will accept as proof of disability.  It's a guessing game.  Guessing games often fail.   

At every stage, from the application to the hearing, claimants can make mistakes that get them denied.  Sometimes, it's what you don't do that causes the problem. 

Alabama disability advocates and counselors, such as the Forsythe Firm in Huntsville, can often help denied claimants get approved.  Yes, the process is hard.  That's why you need someone who works hard for you.  

_____________

The Forsythe Firm

7027 Old Madison Pike NW                        Free Consultations

Huntsville, AL 35806                                    "Across from Bridge Street"

PHONE (256) 799-0297

 

Comments

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...