DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

Disability hearings for claimants in Limestone, Madison, Morgan, Lauderdale, Lawrence and Colbert counties are held by judges in the Florence, AL hearing office. The judges in the Florence office have a below average approval rate.  The national average award rate at the hearing level is 54 percent.  The Florence award rate (all judges) is 45 percent.  That may not seem like a big difference but it is.   While I think most of the Social Security judges in Florence are fair, we have to wonder whether the 2 or 3 lowest paying judges are biased.  The lowest paying judge awards benefits to only 16 percent of her cases That is one of the lowest award rates in the nation. That's 16 out of 100.  Clearly, her perspective on "disability" is very different from that of the average judge.  Does she only pay claimants that are age 55 and over?  Does she only pay claims that meet Listing level impairments?  Does she think that only 16 percent of claimants...

Many people believe their doctor can approve them for Social Security disability.  They can - and they can't.  Let me explain. A letter from your doctor may be useless.  Why?  It probably won't tell Social Security what they need to know to approve a claim.  Here is an example of a typical doctor's letter, meant to support the patient for disability benefits, but it turns out to be absolutely worthless:  not admissible. " My patient, Mr. John R. Claimant, is totally disabled.  I have been treating him for chronic back and leg pain, heart failure and thyroid cancer.  Mr. Claimant would like to work but he is unable to do so.  He cannot hold any job due to his medical conditions. I strongly recommend that Mr. Claimant be approved for Social Security disability." Signed:  William Q. Painless, MD This letter is worthless because it draws a conclusion that is reserved under the law to the Commissioner of Social Security.  Only the Commis...

Huntsville, AL residents who become disabled are supported by Social Security disability insurance (SSDI) benefits.  These benefits can replace some of the lost wages from a sudden disability.  This can be a financial lifeline for families whose incomes have been lost or reduced by sudden disability.  Benefits can reach a maximum of $4,017 per month in 2025 but additional benefits may be available for dependent children in the household.  Approximately 251,000 persons in Alabama receive SSDI benefits from the US government.   When you worked, the federal government deducted approximately 7 percent of your gross wages as FICA withholding. This is the Social Security tax.  Your employer also paid into the FICA fund.  Upon meeting certain disability qualifications, the worker may file for federal SSDI benefits. Here Are Basic Requirements to Get SSDI Disability Payments: 1.   You've had to stop working due to a severe physical or mental impairment. 2...

 Cherry-picking is when decision makers find evidence to deny a disability claim--while ignoring or mischaracterizing important evidence that supports a finding of disability. Basically, cherry-picking is looking only at evidence that supports a denial of benefits.  Examples of cherry-picking would be: Ignoring medical opinions that consistently point to disability Downplaying facts in the medical record that support a finding of disability Emphasizing "good days" and down-playing bad ones. Using certain activities or events to find the claimant is not disabled, which really have nothing to do with whether the claimant can work. I once had a judge question my client extensively about spending a week at his vacation home at the lake.  He seemed to infer that my client could not be disabled if he was able to enjoy a week at the lake.  Quickly, I redirected the questioning to "What did you actually do at the lake?"  Turns out, my client sat on the porch reading an...

  The maximum Social Security will pay in disability benefits is $,4,018 per month in 2025.   Approximately 251,500 people in Alabama get regular Social Security disability checks. HOW DO YOU QUALIFY? 1.  You must be unable to work due to a medical or mental condition and you cannot be working at substantial gainful work when you apply (or during the application or appeal period). 2.  You must have sufficient work credits from a job or jobs where you paid into Social Security disability.  It's called FICA tax.  Most adults over age 31 need  to have earned at least 20 work credits over the past 10 years to be covered. 3.  You must have a medically provable impairment that has lasted at least 12 straight months, is medically expected to last at least 12 straight months OR is expected to end in death.  Your impairment must significantly restrict your ability to perform past work as well as any other work. You, the claimant, have the burden ...

When your attorney files a new Social Security disability claim for you, he/she cannot sign your name.  So, Social Security will mail you a copy of the application (called an Application Summary) for you to review and sign.  This entire document must be returned promptly.  If it isn't, your claim will be put on an indefinite hold until the document comes in. Social Security will not call or send you a reminder that the form has not been received.  Your claim just sits inactive as the weeks and months roll by. You may think everything is normal.  After about 6 months Social Security will dismiss your claim and purge it from their system--all because you did not return the Application Summary with your signature.    Failure to sign and return forms causes more delay than anything else. Here's another problem I have encountered:  The claimant signs the signature page (last page) of the application and sends JUST THAT ONE PAGE back.  That is not ...

We are sharing this because, unfortunately, Marvin isn't the only one to make this costly mistake.  We want you to learn from this example. FORSYTHE FIRM WEBSITE: CLICK HERE   Marvin was a 44 year-old construction worker with herniated cervical and lumbar discs who has undergone a recent cervical fusion surgery, which did not eliminate all of his pain and symptoms.  He applied for Social Security disability (SSDI) but was denied about a year later.  Social Security agreed that Marvin could not do construction work any more but they said he could perform "other work" available in the national economy. Therefore, he didn't meet the rules for disability benefits. Marvin believed them.  He looked for other work but couldn't find anything that he could do.  Finally, about 6 months later, Marvin came to my office looking for help.  Sadly, he had waited too long. Here is the way I figure it:  1.  Marvin is indeed disabled, in spit of what Social Sec...

Social Security Disability Insurance (SSDI) benefits are only available to individuals prior to reaching full retirement age (RA) Upon reaching your full retirement age you will get Social Security pension (retirement) benefits.  There is no additional benefit for being disabled at that point. Essentially, if you become disabled prior to your full retirement age, Social Security gives you your retirement pension early.  But you are then receiving the full benefit available.   There will be increase in benefits when you reach FRA. Here is Full Retirement Age by date of birth: 1938 – 65 years and 2 months ·   1939 – 65 years and 4 months ·   1940 – 65 years and 6 months ·   1941 – 65 years and 8 months ·   1942 – 65 years and 10 months ·   1943 through 1954 – 66 years ·   1955 – 66 years and 2 months ·   1956 – 66 years and 4 months ·   1957 – 66 years and 6 months ·   1958 – 66 years and 8 months 1959 – 66 ye...

Yes, Social Security disability benefits are still available in Alabama for individuals who qualify and are not able to work. Basic Requirements   Enough work to meet minimum work credit rules   A disability that has lasted or will last 12 straight months or more.   Medical evidence to prove the severity of your condition(s). What Type of Impairments Qualify? Any documented severe impairment may qualify for disability benefits as long as it keeps you from working a full-time, regular job. Here are the top four impairments most often approved by Social Security.   Musculoskeletal disorders: 36.2% Mental health conditions: 28.4% Neurological (nervous system) disorders: 9.2% Cardiovascular (circulatory system) disorders: 7.8 Certainly many other impairments can be paid disability benefits  Is It Difficult to Get Approved? The application process is rather difficult and confusing.  The denial rates are high.  In Alabama about 7 out of 10 applications are ...

It's true that Social Security will deny most disability claims at the application level.  Most of these denials are erroneous and can be approved by appeals.  Any unfavorable Social Security decision may be appealed with in 60 days.  But if you wait longer than 60 days to file any appeal, you lose the right to appeal and will have to start over--which will delay a decision by another 12 to 24 months. Here are the appeals available to you following a denial: 1.  RECONSIDERATION:   The First Appeal.  This returns your case to the state agency that denied it--the Disability Determination Service--for another review.  This appeal is required as a first step; however, it results in another denial in about 9 out of 10 cases. 2.  HEARING BY ADMINISTRATIVE LAW JUDGE:  The second appeal.  You and your attorney/representative appear before a federal ALJ to explain your case and try for a more favorable decision.  This is your BEST chance for...

While the Social Security Administration (SSA) is a federal agency, it does not make the initial decisions on who qualifies for a disability benefit.  This determination is made by a state agency which is staffed by state employees. In Alabama, this agency is the Disability Determination Service (DDS) in Birmingham. Getting a claim paid by the DDS is challenging.  Here is basically the process: Review of Medical Evidence – DDS gathers your medical records from doctors, hospitals, and treatment facilities. Assessment of Functional Limitations – The agency evaluates whether your condition limits your ability to work. Consultative Examinations (CEs) – If your medical records are incomplete, DDS may request additional exams from an SSA-paid doctor. Determination of Disability – Based on the evidence, DDS decides whether you meet SSA’s definition of disability. In most cases, you will not. Case Return to SSA – If approved, your claim moves to the payment processing center.. I...

So you have past due debts.  Can you still collect Social Security disability benefits?  Can your creditors seize your benefits to satisfy loans or debts that are past due? In most cases, you can collect Social Security benefits and past due debts or defaulted loans will not interfere. For example, if you owe past due credit card debt, the card company cannot seize your Social Security benefits to pay the debt.  If you defaulted on a bank or car loan, your Social Security cannot be seized to pay those debts. The same is true for most other private debts.  Social Security assets are protected. However, there are exceptions. I do want to talk about 2 things that are important footnotes to this topic.  One, what type of debt is NOT protected?  Two, what can you do to further protect your Social Security benefits from debtors? 1.  WHAT TYPES OF DEBTS ARE NOT PROTECTED? Some types of debt are not protected and can result in seizure of Social Security benefi...