Skip to main content

DISABIITY IN ALABAMA: DON'T MAKE THIS MISTAKE

 In Alabama and Tennessee slightly less than 30 percent of Social Security disability claims are approved at the first try--the application level. The other 70 percent get denial letters.

Many of those denial letters will state something like this: "We realize that you cannot perform any of your past work. However, there is other work that you can do."

Social Security must first determine whether an applicant can perform any of his or her past relevant wok. This refers to full-time work performed within the 5 years previous to becoming disabled. They look at work experience for the past 5 years. If they conclude that you cannot do any of your past work, they must determine another question: "Is there any other work that he/she can do, based on his or her residual functional capacity, age, education and work experience?" If there is "other work," then the claimant will be found NOT DISABLED and denied.


Many of my clients find that humorous (and tragic at the same time). They say there is work I can do but I can't find any work!" In the Code of Federal Regulations, the Government spells out situations that "don't count" when a claimant tries to find work unsuccessfully. It "doesn't count" if your inability to work is due to

  1. Your inability to find or get work.
  2. Lack of work in your local area.
  3. The hiring practices of employers (aka, No one will hire you)
  4. Technological changes in the industry in which you have worked.
  5. Cyclical economic conditions (recessions, depressions, layoffs).
  6. No job openings for you.
  7. You would not actually be hired to do work you could otherwise do. (My favorite)!
  8. You do not wish to do a particular type of work.

Those are real statements from Code of Federal Regulations  §404.1566, although I have added a couple of caustic comments of my own to numbers 3, 5 and 7.

So, how does anyone qualify for Social Security disability? Answer: You have to prove to Social Security's satisfaction that you cannot perform any of your past relevant work AND that there is no "other work" in the national, regional or local economy that you could perform (if you could get it), based on your residual function capacity (functional limitations), age, education and experience.

In short, it's not whether you can GET a job that counts. It's whether there are any jobs you might be able to do. Thus, Social Security decision makers work very hard to make their disability program quite distinct from an unemployment program. They don't care if you can't find work; it only matters that you are unable to work.

______________

Specialists at The Forsythe Firm in Huntsville have the knowledge, skills and experience to help you get Social Security disability.  Absolutely free consultations and we never charge a fee unless your claim decided favorably.  (256) 799-0297.

Labels:

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

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...
Post a Comment
Read more

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more