Skip to main content

ASSESS YOUR CHANCES FOR GETTING SOCIAL SECURITY DISABILITY

You have stopped working--or you're thinking about it--and you want to evaluate your  chance of getting SSDI benefits (Social Security disability).  

In most cases, nobody can guarantee that you can get approved for SSDI.  But there are some sure indications that you cannot get it; and there are some factors that can weigh heavily in your favor.  

3 Requirements You Must Meet to Get SSDI

 1.  You are not working now at substantial gainful activity, meaning that you are not currently earning $1,550 per month or more either in wages, commissions or self-employment income. ($1,550 is the 2024 amount).

2.  You have at least one severe impairment that has lasted for 12  consecutive months or more, or is expected to last 12 straight months or more, OR will result in death.  This impairment also causes significant difficulty in performing consistent full-time work.

3.  During the 10 year period prior to making a claim you have worked at least 5 years (out of the 10 year period).  This work does not have to be full-time and it does not have to be 5 consecutive years).  But you must have the minimum number of work credits to be insured for SSDI.  If you are under age 31, these work requirements may be different than stated here).

The Following Will Give You a Stronger SSDI Claim, though these are not necessarily required to get SSDI:

1.  You are age 50 or over.

2.   Your work during the past 5-year period does not include sedentary (sit down) jobs.

3.  You have learned no job skills which will readily transfer to new or different kinds of work.

5.  You have less than a high school education. 

6.  You have a strong work history; it helps if you have worked many years for the same employer--or have not changed jobs frequently.

7.  One of your treating doctors will provide a medical opinion that your have restrictions in several activities that would be required for full-time work:  such as difficulty sitting, standing, walking, bending, reaching, using ramps or stairs, lifting/carrying--or mental limitations such as difficulty concentrating, staying on task, or working around others.  This statement is called a Residual Functional Capacity or Medical Source Statement.

8.   You have a lot of recent medical treatment for your severe impairment(s)--especially laboratory tests, X-Rays, CT scans, MRI evidence, etc.  

9..  You have been examined and treated by a specialist; for example:

  • a cardiologist for heart or vascular disease
  • a rheumatologist for arthritis, fibromyalgia or inflammation
  • an orthopedic specialist for back pain, bulging discs, hip pain, etc.
  • a psychologist or psychiatrist for mental or emotional problems
  • a neurologist for carpal tunnel, nerve pain, neuropathy, etc.

10.  It may strengthen your case if you have had recent hospitalizations or repeated visits to the emergency room because of one of your severe impairments.  These can demonstrate the severity of your condition(s).

IMPORTANT:  Probably, no claimant has all 10 of these strong points working for him.  And you don't need all 10 of them to win your case.  Remember, any one of these 10 things can strength your case and give you an edge.  2 or 3 of them would be great.  Don't worry if you can't meet all 10.  Probably no one claimant will meet them all. But any of the 10 things that apply to you may help your case.

_____________

Charles W. Forsythe has been helping claimants get approved for Social Security disability benefits in North Alabama for decades.  Free consultations are available with no pressure or obligation.  No fee is due until you win past due benefits.  Call (256) 799-0297.

You may email the Forsythe Firm at:   forsythefirm@gmail.com

 



 

Comments

Popular posts from this blog

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...