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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.

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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.

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