DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

  Social Security disability (SSDI) is a complicated program which covers certain insured workers or past workers against long-term disability.  SSDI does not cover everyone or everything. Here are some common things that SSDI will not cover.   1.  A short-term impairment which is not expected to end in death or last for a continuous period of at least 12 months is not covered. 2.  Any impairment for an individual who is not insured under the Social Security Act.  A claimant must have earned a minimum number of work credits (also called "quarters of coverage") to be insured.  An adult age 31 or over needs to have worked at least 5 years out of the most recent 10 years and paid FICA (the Social Security tax). 3.  No benefit is payable to a claimant while he/she is incarcerated for a period of 30 days or more. 4.  No benefit is payment to an individual who is able to work at Substantial Gainful Activity (SGA).  SGA is defined in 2024 ...

 There is a recent rule change regarding "past relevant work" (PRW) that significantly effects Social Security disability cases. If a claimant over 50 is physically limited, the key issue is whether they can do their past relevant work (PRW). Until recently Social Security looked at past relevant work for a period of 15 years before the alleged disability began. However, on June 22, 2024 Social Security changed the rule about past relevant work (PRW).  They now only consider PRW that occurred within the past 5 years. This means there are fewer jobs and potential transferable skills that could get the claimant denied.   Let's Define the Term "Past Relevant Work" (PRW) 1.  Work that was performed during the past 5 years prior to the alleged disability. 2.  Work that was performed at the level of Substantial Gainful Activity (SGA).  For example, in 2024 SGA means earning a gross wage of at least $1,550 per month.  In 2024, SGA was $1,550 per month....

I am often asked, "Can I work at all while I'm getting Social Security disability benefits?" I wanted to see what information is out there, so I searched the question on the internet and got all kinds of right, wrong, partially right and mostly confusing answers. So here:  let me give you the straight facts about working while you receive Social Security disability or SSDI.  To clarify, this information does NOT apply to Supplemental Security Income or SSI, which is going to have different rules about income. Social Security uses a term we must understand.  The term is " Substantial Gainful Activity " or SGA.   That refers to an amount of earnings (from work) that will disqualify you for disability benefits.   SGA in 2024 is earning wages or self-employment income of at least $1,550 per month (gross, before tax).  If you earn that amount, you are working at SGA in Social Security's judgment and are not eligible for SSDI benefits. Notice I said "in 2024....

Getting approved for Social Security Disability Insurance (SSDI) benefits is not as simple as filling out an application and waiting.  It is a very long and involved process that many claimants compare to working a full-time job. HERE ARE SOME PROBLEMS YOU MAY ENCOUNTER WITH SSDI   1.          Slowness.   Takes an average of 225 day to get an initial decision.   If you add the usual appeals process, a favorable decision can take 18 to 24 months or longer. 2.        High Denial Rate .   About 75 percent of disability applications are denied initially (in the first stage). 3.         Difficulty Getting Medical   Records .   Doctors may not respond to a request for records. Or their records may not be adequate. 4.        Stringent Burden of Proof.   The claimant must prove disability according to Social Security’s stri...

In order to get  Social Security disability (SSDI) benefits, you must prove that you have a severe condition that prevents you from working.  Some medical/mental conditions are more difficult to prove. Here are some conditions that can be hard to prove for SSDI benefits: ADHD Fibromyalgia Chronic Pain Chronic Fatigue Migraine headaches Mental Illness (anxiety, fatigue, PTSD) Ehlos-Danlos Syndrome (EDS) Traumatic Brain Injury]      Some of these are hard to prove because they are subjective; you cannot do a laboratory test or use an imaging study to diagnose them or prove their severity.      Unexplained pain or fatigue is very difficult to prove.  Social Security will always seek to find a physical CAUSE of the pain or fatigue and if they cannot, they will be skeptical.  SOME TIPS THAT MAY HELP YOU WIN A DISABILITY CLAIM Get treated by a specialist. See your specialist regularly - not just once a year. Follow prescribed treatment.  ...

  With more than half a million Social Security disability claims pending nationwide, that agency is slower than ever and issuing more denials than ever.   Here's what you will probably need to win a disability claim in 2024 and beyond: 1.  At least one severe impairment that prevents you from working, one that will last for at least 12 straight months and is medically determinable. 2.  Good medical documentation from doctors, clinics, hospitals or other providers. 3.  An evaluation of how your impairments impede your functional abilities. 4.  A good disability lawyer (not required but highly recommended). I am quick to point out that Social Security does not require a lawyer to to apply for benefits.  However, I'm just as quick to point out Social Security's very high denial rates:  around 75 percent at the application level, and up to 85-90 percent at the first appeal. And the long wait for a decision.  In 2023, 30,000 claimants died w...

You may qualify for Social Security disability benefits with the following criteria: 1.  You have worked at least 5 of the 10 years before the disability began, thus earning the necessary work credits.  You must pay in to take out. 2.  You have a medically determinable severe impairment which     a.  has lasted for at least 12 straight months     b.  is expected to last for at least 12 straight months, OR     c.  will end in death (terminal) 3.  Your medical/mental condition(s) preclude working at substantial gainful activity (in 2024, you can't earn at least $1,550 per month). 4.   You have excellent medical records (documentation) to prove the severity of your impairment and how it effects you ability to perform work-like functions. 5.  You are not currently working at "Substantial Gainful Activity," i.e., you are not working and earning wages, commissions, tips or self-employment income of $1,55...

A full-service disability lawyer can handle your Social Security disability case from the initial application through the appeals process.  Here's what you get: 1.  Personal service.  You can talk to the lawyer, not just an assistant or receptionist. 2. Your lawyer will answer the phone or return your calls promptly. 3.  He/she will get to know you and your case personally. 4.  The lawyer will take a limited number of cases, thereby ensuring personal attention to your case and a dedication to win. 5.  You, the client, will be dealt with as a real person--never as a case number or statistic. You will be kept informed as your case develops.   HOW MUCH EXTRA DOES A FULL-SERVICE LAWYER COST? Nothing.  The fee for all lawyers is set by the Social Security Adminstration.  Whether you get great service or very little service, the fee will be the same. 

A nice man, whom I know, called recently to ask about filing a Social Security disability claim.  When I asked "When's the last time you worked?" my heart sank.  "His answer, about 7 years ago."  while I believe this man is medically disabled, he does not have enough work credits to support an SSDI claim.  No benefit is available to him. In short, an individual must have worked at a qualifying job and earned enough work credits to be insured for Social Security disability benefits.  In simple language, you must pay into Social Security before you are covered for disability benefits. As a general rule, for claimants age 31 or older, you must have worked at least 5 years out of the most recent 10 years before filing a claim. An individual may earn 1 work credit for each calendar quarter in which sufficient wages were paid.  Since each year has 4 quarters, a claimant may earn up to 4 credits per year.   How many quarters (credits) are needed for a Social ...

  I am predicting a Cost of Living Adjustment (COLA) of 2.5 percent for 2025. If this prediction holds up, Social Security recipients will have an extra $2.70 for each one hundred dollars in benefits. For example, if your 2024 benefit amount is $1,500 per month, your 2025 benefit would increase to about $1,539. (*) How does Social Security calculate the COLA each year? The actual increase is based on the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers from the third quarter of the previous year. The calculation is usually made in October, announced in December, and goes into effect in January. So, the actual COLA will be calculated in October, 2024 and announced in December 2024. It will go into effect January, 2025. The amount may be lower or higher than our prediction. * Disclaimer: We are making our estimate on very early inflation indications. No one should make any financial plans or decisions based on a potential COLA until the...

  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 disability award may be automatic. Keep in mind that SSI is a needs -program for families with limited resources and income. SSI counts the parents' income and resources when the claimant is under age 18. With adult claimants (age 18 or over), the parents' income/resources no longer count and it may be much easier to qualify for SSI with Downs Syndrome. 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 ...

  “Our programs can be complex and quality representation – from initial claims to appeals – professional representation helps people navigate the process,”  ----Martin O’Malley, Commissioner of Social Security. Commissioner O'Malley is recognizing what many claimants already have discovered.  Social Security disability can be complicated and confusing--from the initial application through appeals and hearings. A study by the Government Accountability Office (GAO) found the same thing, but went further. Their study finds that claimants with representation win 60 percent of their disability claims, while non-represented claimants only win 30 percent. You may also receive more back pay with representation, because your lawyer also watches out for that. For assistance with Social Security disability (SSDI), contact the Forsythe Firm in Huntsville, AL.  (256) 799-0297. Our service is FREE unless you win your claim/appeal and collect back pay (past due benefits).  ...

Elite litigators for Social Security Disability claims/appeals in Huntsvile: The Forsythe Firm excels in representing disabled workers in Alabama who need help with Social Security disability applications, appeals or hearings. Unfortunately, SSDI claims can be complex and confusing.  With an almost 80 percent denial rate in the early stages, appeals are usually necessary.  Frequently cases wind up before a judge before benefits are paid. Charles W. Forsythe in Huntsville understands the complexities of Social Security disability litigation and adjudication.  With an excellent win ratio and a reputation for full individualized representation, you will get top notch assistance with your Social Security disability problem. It begins with a free consultation.  You will meet with your representative personally--right from the first appointment.  Your individual situation will be reviewed thoroughly to determine the best course of action--and the best way to protect y...

  No, you cannot get Social Security disability benefits FOR an addiction. But you may be able to get benefits WITH an addiction. There is a big difference.  In 1996, Congress passed Public Law (P.L.) 104-121—which terminated benefits for Supplemental Security Income (SSI) and Disability Insurance (SSDI) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Claimants may not get SSDI or SSI benefits if addiction is their primary impairment.  However, if the claimant has other severe impairments in addition to an addiction, he/she could qualify for benefits based on the other impairments. Here's an example:  Mr. John Claimant has a substance addition which is severe.  In addition, he has severe congestive heart failure which is not related to his addiction.  Social Security cannot find Mr. Claimant disabled because of h...

Back pay can occur 2 ways in a Social Security disability claim: 1.  You become disabled but wait a while before filing a claim.  You may collect retroactive benefits for up to 12 months prior to your application date. 2.  Social Security takes a long time to process your claim and give you a favorable decision.  This is very common.  You may claim back pay for the time you have been waiting--minus the 5 month waiting period. Back pay on Social Security disability (SSDI) claims depends on two things:  The date of your application and the established onset date of your disability. The state agency that makes initial determinations of applications--called the Disabiity Determination Service (DDS)--has a bad habit.  They often move the onset date forward to reduce back pay.  This can be appealed. To maximize benefits from SSDI, it's important to file your application within 12 months after becoming disabled or stopping work.  Also, look carefull...

The Truth:   Social Security denies most disability claims.  In fact, around 8 out of 10 new applications will be denied. The appeal process exists to correct denials that were made in error. The agency that denies Social Security disability claims is the Disability Determination Agency or DDS.  In Alabama, it is located in Birmingham.  This is a state agency, not part of the Social Security Administration (SSA).  However, the SSA contracts with DDS to investigate new claims and make the first decision on whether or not to pay claims or deny them. Appeal 1:  "Reconsideration."  The first appeal sends the claim back to the DDS, asking them to "reconsider" their decision.  In effect, we hope that DDS will find that they made an error and fix it by approving the claim. That happens in about one case out of ten, with the other 9 being denied again.  So, there's not much hope for the "Reconsideration" appeal. Appeal 2:  "Hearing Before a Judg...

Social Security uses a mandatory 5-step decision making process in disability claims. STEP 1:  Is the claimant now working at substantial gainful activity?      YES:  Claim denied         NO:  Move to Step 2 STEP 2:  Does the claimant have a medically determinable severe impairment that has lasted for 12 straight months, is expected to last for 12 straight months OR to end in death?      YES:  Move to Step 3       No:  Claim denied STEP 3:  Does the claimant meet or equal a Listing?      YES:  Claim approved.      No:  Move to Step 4 STEP 4: Can the claimant perform any past relevant work? **      YES:  Claim denied. **      No:  Move to Step 5 STEP 5:  Is there other work in significant numbers in the national economy that the claimant can still perform?      YES: Claim denied. ...

I see this question a lot on various websites.  "Can I live on nothing but Social Security disability?" The answer, obviously, will differ from person to person.  It depends on how much debt you have, whether you own your own home or pay a mortgage and your lifestyle. Generally, I'd say that most people find it difficult to live comfortably on Social Security benefits alone.  In fact, Social Security was never intended to be sufficient for one's total source of income. The maximum Social Security Disability Insurance (SSDI) benefit in 2024 is $3,822 per month.  However, the average SSDI benefit is around $1,525 per month. You can do a little math and see whether those numbers support your budget.  Probably not. So, living solely on Social Security often requires sacrifice or finding other sources of income.  A beneficiary on SSDI may work while receiving benefits--but gross wages or self-employment income must total less than $1,550 per month (for 2024)....

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...