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

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