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YOUR DISABILITY QUESTIONS ANSWERED -FREE

By Charles W. Forsythe (The Forsythe Firm), Huntsville, AL

Having practiced almost 30 years in the field of Social Security disability (SSDI),  I've learned a few things about the rules, the process and the disappointments.  I'm answering many common questions about this subject.  However, this post is for general information, not legal advice.  Never act upon an internet post, including this one, without speaking to your own legal professional.  This post does not take the place of your lawyer.

QUESTION # 1.  How long does it take to get disability benefits in Alabama?

Each case is different, so there is no set time frame. But the average waiting time to get the initial decision on a disability application in Alabama is 230 days.  

QUESTION # 2:  What percentage of SSDI claims get approved in the first step?  

Social Security approves only about 23 percent of claims at the application level. Denials are very common, even if you meet all the requirements.

QUESTION # 3:  What's the best option if I am denied?

File a written appeal within 60 days, the legal deadline.  This is not the same as filing a new claim. An appeal gets you a closer review.

QUESTION # 4:  What are the common appeals usually required for a denied claim:

    a)  "Reconsideration," the first appeal, with only a 15 percent approval rate.

    b)  Hearing before an Administrative Law Judge = your best chance.

QUESTION # 5:  How is back pay (past due pay) calculated:

You may potentially get benefits fora period of 12 months prior to your Date of Application.  You must prove you had continuous disability during that period.  Note:  The waiting period for SSDI is 5 full months.  (It does not pay for the firs 5 months of disability).

QUESTION # 6:  If approved, will I get Medicare insurance?

SSDI (Title 2) benefits come with Medicare insurance after the 24 month waiting period.  The waiting periods begins the month you are first eligible for payment (5 months after your disability onset date).  The total waiting period--from disability onset to eligibility--is 29 months for Medicare.

QUESTION # 7:  Can a lawyer speed up the application process?

No.  Social Security is a federal government program that works at its own speed.  A lawyer may prevent unnecessary delays by meeting deadlines, correctly filing paperwork, etc. but he/she cannot make the US Government work any faster.

QUESTION # 8:  Am I required to have a lawyer for Social Security appeals?

No.  You may represent yourself. 

QUESTION # 9:  Then, why do so many claimants get lawyers?

A claimant is 3 times more likely to be approved when using a lawyer, according to the US Government Accountability Office (GAO). You should consider expert help with the complicated Social Security disability process.

QUESTION # 10:   What may a lawyer charge me to work on my SSDI case?

Social Security sets lawyers' fees at the smaller of

    25 percent of past due benefits, OR $9,200.

QUESTION # 11:  Can my lawyer charge me a fee if I don't get benefits?

No.  Lawyers may only charge a fee if you are approved with past due pay.

QUESTION # 12:  What are basic requirements to get SSDI benefits?

The claimant must be below Full Retirement Age at alleged disability onset.  He/she must not be working now at Substantial Gainful Activity (earning at least $1,690 per month, gross wages or self employment).  Have at least one severe, medically provable impairment lasting at least 12 straight months, or expected to last at least 12 month, which significantly interferes the ability to work a full-time job.   

QUESTION # 13.  Considering appeals, how long can an SSDI claim take?

  If you must go through Reconsideration and then a hearing after your case has been denied, you could easily spend 18 to 24 months in the process.

QUESTION 14:  What are the odds of being approved at the Hearing Level?

The approval rates vary from office to office and greatly among judges.  On average, about 52 percent of cases that go to hearing will be approved. The hearing level is your BEST chance for approval in the entire process.

QUESTION # 15:  How do I know if I have a case?

A free consultation with an experienced Social Security disability lawyer or certified advocate is a good way to understand the strengths and weaknesses of your case.  If you can't meet the technical rules for disability, the lawyer will explain why.   

You may still have questions.  I answer your Social Security disability questions FREE with just a phone call.

________________

The Forsythe Firm practices Social Security disability (only), specializing in appeals and hearings. We handle only adult cases (no children). Your consultation is absolutely free and confidential. (256) 799-0297.

 


 


 

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