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DO YOU NEED DISABILITY BENEFITS IN ALABAMA? BY CHARLES W. FORSYTHE - HUNTSVILLE

If you live in Alabama you may qualify for Social Security disability benefits, says Charles Forsythe, active partner of The Forsythe Firm in Huntsville.

The first requirements for SSDI is that you have worked a certain time in jobs that participate in the Social Security insurance program.  Most of the jobs in Alabama do, thanks to a federal law that requires Social Security taxes (FICA) to be deducted from each worker's pay checks.  Individuals who might not be covered are those who have not worked at least 5 years out of the most recent 10 year period before applying.

Once you establish that you have sufficient work credits, you must meet Social Security's very stringent definition of disability:

1.  You must have a severe impairment which significantly limits your ability to hold a full-time job of any sort.

2.  Your impairment must be long term:  it must have lasted for at least 12 straight months, OR it is expected to last at least 12 straight months--OR, it is expected to end in death (be terminal).

Almost everyone who applies for SSDI feels that they are disabled.  They might even have been approved for disability by another federal agency--such as the VA.  Their doctor may have stated that they disabled.  However, these things do not mean that they are disabled under Social Security rules--which are more strict that the VA's or private insurance companies rules.  Social Security is an "entirely different ballgame."

Few people realize how complicated the Social Security rules and regulations are.  A claimant literally must check off all the rules before being approved and paid a disability benefit.  While the rules in Alabama are the same as every other state, approval rates will vary from office to office.

One of the mistakes claimant's make is comparing their case to someone else's.  You might think, "My case is as good as Uncle Bob's, and he got approved."  This is faulty reasoning.  No two cases are alike in terms of age, past work history, type of impairment, severity, duration, etc.  Your case will stand on entirely on it's own.  One case with the exact same impairment may be approved while another one is denied.

Most claims in Alabama will not be approved on the first try.  In a majority of cases, a series of appeals will be needed for approval.  Often, a claim must go up to a hearing before an administrative law judge (ALJ) to be approved.  Judges have more leeway in decision making than lower adjudicators.  Also, the judge will give your case a lot more personal attention and legal consideration than the non-attorneys who denied your claim at earlier levels.

Does having your own lawyer help you get approved?  A US Government study finds that about 60 percent of cases handled by lawyers get approved, compared to only 31 percent of those without lawyers. That is a huge difference.  So, yes, having a lawyer or professional advocate who knows the rules and the process helps.  Even then, your claim may be long and difficult. 

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 Charles W. Forsythe is senior partner with The Forsythe Firm in Huntsville, AL.  He personally handles SSDI cases and offers free consultations.  (256) 799-0297 or (256) 50o3-8151.

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