DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

There are opportunities to get Social Security disability in 2025 in the Huntsville, AL area.  About 60 percent of claimants will be approved IF they stick it out to the end of the process. This often involves appearing at a hearing before an Administrative Law Judge (ALJ). Some of my clients have received past due benefits ("back pay") of nearly $100,000 at the end of a successful hearing.  About 9 out of 10 of my clients receive some back pay. Social Security is notorious for denying claims at the first 2 levels:  the application level and the "reconsideration" level. However, once you get before an Administrative Law Judge your odds of being approved get significantly higher. The cardinal rule in Social Security disability is this:  Never give up and appeal every unfavorable decision until you get the right decision! You don't have to get an attorney to represent you before Social Security. BUT Your odds of being approved are 3 time higher if you are represen...

  When a Social Security disability application has been denied at the first two levels it is sent for a hearing before an Administrative Law Judge. In Madison, Limestone, Morgan and Cullman, cases usually go to a judge in the Florence, Alabama Office of Hearings Operations (commonly called the  Florence "hearing office"). What are your odds with a judge in Florence? Here are their numbers, updated to October 31, 2024. The first number is the percentage of cases approved. The second number is each judge's total number of decisions (dispositions) for 2024. Judge           Percentage Approved      Case Dispositions 2024 Digby, Patrick R. 32%                          282 Green, Gloria W 50%                        ...

Social Security disability is nothing if it isn't a paper chase.  Forms, forms, forms.  Are all those pesky forms really necessary? Yes, they are.  In addition to the forms you complete as your initial application for Social Security disability benefits, you will be mailed additional forms that must be completed and returned.  These include: FUNCTION REPORT:   This is a 14-page questionnaire about your daily activities and what restrictions you have in performing those activities.  Social Security will use this form to assess how active you are, what activities you regularly engage in and if you are restricted in performing some of these daily activities.   WORK HISTORY REPORT:  This form asks for detailed information about all the past full-time jobs you have held during the 5-year period before you filed your disability application.  Why is this form necessary?  Because Social Security must determine whether you can still perform any ...

When should you apply for Social Security disability (SSDI)?  Here's a brief, easy to understand guide on when to apply. 1.  Apply as soon as you become unable to work.  You can't be working at the time you apply; however, you can apply immediately when you stop working. 2.  If your doctor tells you that you have a severe condition that will keep you out of work for at least one year or more, it's time to apply.  Unfortunately, SSDI does not cover short-term disability--one that will last less than 12 months. 3.  If you are disabled and cannot file for SSDI immediately, you can get a "protected filing date."  Send a letter to Social Security notifying them that you intend to file a "Title 2" claim for SSDI in the future.  They can use the date on the letter as your protected filing date. Q & A  1.  Must I be off work for 12 months before I apply?  No.  You must have a medical/mental condition expected to last for at least 1...

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...

On January 5, 2025 president Biden signed the  Social Security Fairness Act , which increase Social Security pensions for SOME recipients.  But who does this law affect? It affects individuals who received public or government pensions from the federal government or a state or local government.  In many instances, employees of government entities paid into the Social Security program but were also covered by their "public" or government pension, thus entitling them to pension benefits under both plans.  The Windfall Elimination Provision (WEP) and the  Government Pension Offset (GPO) − reduced Social Security benefits to a portion of retirees who received government pension income. The provisions affected about two and one-half million Americans. By eliminating the WEP and GPO, the average benefit of those affected will increase by about $360 per month. However, the majority of Social Security recipients are not affected by this new law. So, the vast...

 If you get a call from someone claiming to be Social Security--and you have not filed an application or initiated some contact with Social Security--it is more than likely a scam call. Social Security does not routinely conduct business by phone unless you have some ongoing business with them, like an application for benefits. There are several scams going around in which someone calls saying they are with Social Security. They may say there is suspicious activity with your Social Security number.  Always a scam. They might say that illegal activity has been detected with your Social Security number or account.  Always a scam. They sometimes tell you that your Social Security number or account is being "frozen" and you need to take action.  Always a scam. These phony callers are often fishing for your SSN, date of birth, address or bank information.  They may promise you extra benefits, more money or some other benefit to entice you to provide information....