DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

I think it surprises many people to hear Social Security referred to as "insurance."  But it is.  SSDI is short for Social Security Disability Insurance . To get benefits from any insurance plan, you must be insured. Simply put, you pay Social Security to insure you--just like you pay your homeowners or auto insurance company to insure you.  The premiums are just collected differently. Social Security collects its "premiums" through FICA tax.  FICA stands for Federal Insurance Contributions Act , passed in 1935 when the Social Security Administration was started. The FICA law requires most workers to pay a Social Security tax out of their wages.  The employer match the amount paid by the employee.  These payroll with holdings and the employer's match goes into the Social Security disability trust fund and are used to pay benefits to disabled workers. (If you look at one of your pay stubs you will see where "FICA" was deducted from each check).  This ex...

The Social Security Administration is eliminating penalties on public workers who receive pensions from federal, state or local governments.  If you were a government employee and are now receiving Social Security benefits you may be able for a large increase due to this new rule. If you were denied Social Security benefits because you had a government pension, you may now be eligible! In the past, Social Security benefits were reduced or eliminated for persons like teachers, firefighters, police officers or other government employees who didn't pay into Social Security.   If you receive a retirement or disability pension from a federal, state, or local government based on your own work for which you didn’t pay Social Security taxes, your Social Security benefits could be reduced. You may not have received any payment at all from Social Security.  *Public Law 98-21, Social Security Amendments of 1983, approved April 20, 1983. Now, in 2025, this penalty is being done...

As a practicing Social Security disability advocate in Alabama for 20-plus years, I can say this for certain:  Every disability case has its own strengths and weaknesses.  Here I'm going to list some things that help make a good (strong) Social Security Disability case .  Caution:  Seldom will one claimant have all these things going for him/her.  1.     AGE.  While younger claimants can be approved, an individual age 50 or over has an advantage because of the grid rules . 2.      MEDICAL RECORDS .  Claimants with good medical treatment and the availability of medical records may be good candidates.  Social Security depends on objective medical evidence to approve claims.  (We can help you obtain your medical records as long as you've had the treatment). 3.  Long, Steady Employment History .  I prefer to work with a claimant who has worked for a long time with one or two employers vs. one who has mov...

When Social Security sends you to a doctor, tell the truth but be careful about what you say. Here are some things NOT to say: " I'm OK, fine, doing alright, feeling pretty good...." We all say these things when asked, "How ya doing?"  But doctors may take this literally and put it in their report.   "I just finished remodeling my house....working on my roof...just got back from Tunica," etc. These statements will wind up in the doctor's report and may be grossly exaggerated or taken out of context. Maybe you hired someone to fix your roof or remodel your house.  Maybe your wife drove you to Tunica because your back hurt too much to drive.  But you don't get to explain that to the doctor.  "I'm going to volunteer some time at the Red Cross.... (or other charity)...... Social Security is likely to take the attitude that if you are able to do volunteer work you could also do paid work.  And there is a regulation that says, in effect:  If...

If your Social Security disability claim has been denied at both the application and reconsideration stages, the next stop is a hearing before an Administrative Law Judge (ALJ).  The national approval rate at hearings averages between 45 and 50 percent.  However, several factors influence the judge's decision. 1.  Medical Evidence   One of the most influential factors in ALJ approval rates is the quality and completeness of medical evidence provided by claimants. Comprehensive medical records that clearly demonstrate the severity of the disability significantly improve the chances of approval. 2. Legal Representation Having a qualified attorney or advocate can be a game-changer when it comes to ALJ hearings. Legal experts understand how to present cases effectively, increasing the likelihood of approval. With representation 60 percent get approved; without it only 31 percent are approved (per GAO study). 3. Vocational Expert Testimony During hearings, vocatio...

  WHY OLDER CLAIMANTS MAY GET APPROVED MORE EASILY The Social Security Administration (SSA) considers a claimant’s age when it makes decisions on disability claims.   As an individual ages, (s)he is less able to adapt to new kinds of work.   Social Security doesn’t expect a 55 year-old to be as adaptable to new work as a 35 year-old. Thus, an older claimant has an advantage in Social Security disability claims. The SSA places each claimant into an age category, as follows: Younger Individual:   Under age 50 Closely Approaching Advanced Age:   (50-54) Advanced Age (55 – 59) Closing Approaching Retirement Age (60 +) A claimant age 50 or over with physical restrictions on performing work activities may be approved under Medical-Vocational Guidelines (commonly called grid rules ). The SSA classifies work into physical demand levels— sedentary , light , medium , and heavy . These categories help the SSA determine whether an older worker could reason...

  I look at comments disabled claimants write about their experience trying to get Social Security disability benefits. Here are a few of their comments: "Overwhelming." "Mentally and emotionally more than I could bear." "Heartbreaking." A retired US Marine officer wrote:  "By far the most convoluted system I've ever seen." Too often th e nightmare of dealing with Social Security comes during a time of trials and hardship.  On top of being disabled and in financial crisis (and probably in pain) claimants must deal with a system that is demanding, unresponsive and frightening. I like to think that my firm throws a lifeline to many of these individuals when they need it most.  When they are about beaten and ready to give up, we take the burden and carry it to the finish line. Not only do I try to get maximum benefits in the shortest time possible, but I hope to take a lot of the burden and uncertainty off the claimant's shoulders. ...

  There are two ways you can agree to pay an attorney or legal representative: BY THE HOUR :  You agree to pay a certain amount per hour. CONTINGENCY FEE :  You agree to pay only if a certain thing happens (usually you agree to pay if you win your case and recover money). In the world of Social Security disability , the legal fees are controlled by the Social Security Administration .  If you sign a contingency fee agreement with your lawyer/representative, you agree to pay an attorney fee only if: 1. Your application or appeal is approved, AND 2.  You receive past due benefits or " back pay ." If these two things do not happen, you won't owe your attorney/representative any fee. The Social Security Administration also imposes limits on how much the legal fee can be.  It may never exceed 25 percent of the past due benefit OR $9,200 (whichever is less). EXAMPLES You get $10,000 in past due benefits.  Your attorney's fee is $2,500. You get $80,000 in p...

  On December 5, 2024 President-Elect Donald Trump announced that he intends to nominate Frank Bisignano, the Chairman, President, and CEO of Fisery, Inc., as the next Commissioner of the Social Security Administration. Former commissioner Patrick O'Connor resigned on 11/30/24. In his statement, President-Elect Trump described Mr. Bisignano as "a business leader with a tremendous track record of transforming large corporations," adding that his leadership will be pivotal in delivering on the SSA's commitments to the American people. Mr. Bisignano has spent the majority of his career in financial services. Before leading Fisery, he served as CEO of First Date Corporation and held key executive roles at JP Morgan Chase and Citigroup. The income Trump administration must submit the nomination to the US Senate for confirmation, where Mr. Bisignano will need a majority vote to secure the role. If confirmed, he will serve a six-term term as head of Social Security.

  If you are trying to get Social Security disability (SSDI) benefits, they may ask you to attend an examination with one of their doctors. You should attend this exam and here are some tips to help you with it: Arrive 15 minutes early. Take a driver's license or other valid photo ID. Take all prescription medications in their original bottles, properly labeled. Ask someone else to drive you to the exam and go into the office with you. Dress neat and casual, like you would for any other doctor's appointment. Have a mental outline of your medical history: what are your diagnosed conditions? Past surgeries? Be courteous with the examiner and answer questions to the best of your ability. Try to perform the maneuvers the examiner requests. If you cannot perform a maneuver due to pain simply explain this to the examiner. Avoid trying to convince the examiner that you are disabled or need benefits. He/she cannot make this determination. Don't ask the examiner if he/she beli...

  The following rules take effect January 1, 2025 . The Good News :   If you have reached full retirement age (FRA) and will be FRA for the entire year (2025) there is no limit on how much you can work/earn while on Social Security retirement (pension) benefits .  There are no penalties for working. Earnings-Test Limit for Early Retirees : If you claim Social Security benefits before reaching full retirement age ( FRA ) -- age 67 for those born in 1960 or later -- you'll see the earnings-test limit increase to $23,400 in 2025. That's up from $22,320 in 2024. This means you can earn an extra $1,080 before the Social Security Administration starts withholding $1 from your benefits for every $2 you earn above the limit. Thus, if you earn twice the limit your entire Social Security pension will be forfeited.  Any benefits withheld due to the earnings test are not lost. You'll end up receiving higher monthly payments down the road because those benefits are r...

  The American Federation of Government Employees (AFGE) is pushing back against attempts to get Social Security employees to return to work in person, as opposed to “work at home” or “telework.” At Social Security’s massive headquarters office in Woodlawn, Maryland there are more than 6,000 employees in that one location.   All but about 1,000 employees are eligible for telework (work from home) options, according to Oren McKnelly II, executive counselor to the commissioner. The Social Security Adminsitration is thought to have more telework employees than any other federal agency. Following the lead of many other federal agencies, the administration is calling certain employees back to headquarters offices in Woodlawn. But the federal union representing 42,000 employees at the Social Security Administration is urging the agency to safeguard telework.  In short, nobody wants to report to work in person any more.   The work-from-home furlough began in 2020 ...