Skip to main content

PROBLEMS YOU MAY ENCOUNTER WITH SOCIAL SECURITY DISABILITY

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 days 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 strict rules and regulations. 
5.       Long Appeals Process.  Two appeals are usually necessary for a real chance of approval. (Reconsideration, then a Hearing).
 6.       Complicated Rules and Regulations.  SSDI is governed largely in the 20 Code of Federal Regulations, with thousands of rules and terms that are difficult for the lay person to understand.
 7.       Hearings.  Most claims go before an Administrative Law Judge (ALJ) before being paid. Claimants usually get a lawyer to help at the hearing (though not required, it is advisable).
 8.       Slow Payment.  The initial payment, including the back pay, can take weeks or months—even after the claim has been approved.

The Forsythe Firm in Huntsville, AL has a long reputation of helping claimants through the complicated, confusing world of Social Security disability.   There is never a fee for our representation until you win your claim and receive back pay.  Consultations are FREE with absolutely no obligations.  You can have a relaxed conversation about your disability with no pressure and no expectations. We answer your questions with just a phone call.  Call (256) 799-0297.

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more