How many times have you heard this question asked: "Does (condition) qualify for Social Security disability benefits?" You may fill in the disease or condition. And, no matter what the condition, is, the answer depends on the following?
1. Have your earned sufficient work credits to be covered for Social Security Disability (SSDI)? The answer must be yes.
2. Do you have a medically determinable severe illness or condition (diagnosed by a doctor)? The answer must be yes.
3. Has or will the condition cause you to be out of work for at least 12 straight months, OR end in death within 1 year? The answer must be yes to one question.
Almost ANY condition might qualify for SSDI benefits if the 3 conditions above are met.
Reasons Most SSDI Claims Get Denied
1. The medical condition is not severe enough to prevent the claimant being able to work for a period of at least 12 straight months.
2. The claimant doesn't have sufficient medical evidence to prove that he/she cannot work.
3. The claimant lacks sufficient work credits to be insured under Social Security rules. You must have work credits earned in the last 5 years.
The rules to get Social Security disability benefits are strict and very difficult to prove. Even if your doctor tells you that you're disabled, you still have to prove it with objective medical evidence. The burden of proof is on you: Social Security does not have to prove that you aren't disabled; you must prove that you are disabled. The 'burden of proof" is on you.
Furthermore, Social Security will deny over 8 out of 10 initial claims--even if some of those claimants should have been approved. The process is skewed to deny a majority of claims--even if the claimant really is disabled. So, don't assume that you don't qualify for benefits just because Social Security says that you don't. A majority of these denials are made in error and can be fixed.
What's the Solution for All These Denied Claims?
There is just one solution for so many denied claims: appeal the denial within 60 days. An appeal is usually required to overcome the denial and get the claim paid. This often involves going to a hearing before a federal Administrative Law Judge (a government law judge). In the appeal process the claimant must know the law, the procedure and the burden of proof.
Experienced Social Security disability lawyers or professional advocates understand the law, the process, the judges and the burden of proving your case. They can help you file an accurate and complete appeal within the strict 60 day deadline. If your case requires a hearing before a judge, your lawyer will prepare evidence for the hearing and will help you prepare for your day in court.
Your lawyer is not paid one cent until after you are APPROVED and PAID the past due benefit owed by Social Security. If you do not receive past due payments, there is no legal fee and all legal work is free. Pay a fee only if you win and also collect past due benefits. It costs you nothing upfront to file and carry through with an appeal, using expert legal help.
Charles W. Forsythe (The Forsythe Firm) in Huntsille, AL has a 20+ year reputation of excellence in Social Security disability representation--specializing in appeals and hearings to collect past due benefits (back pay). Mr. Forsythe offers FREE consultations and will never ask you for money. If your claim is approved and you receive past due money, Social Security will pay the legal fee out of your past due benefits. You will keep most of the money. All fees are regulated and must be approved by the Social Security Administration.
The Forsythe Firm is rated A by the Better Business Bureau (BBB) and has stellar reviews by clients. (Check out the Google reviews). For a personal and confidential consultation about your Social Security disability claim, call Charles W Forsythe in Huntsville at (256) 799-0297.
Nobody understands Social Security disability better than someone who has practiced in this field for almost 25 years. You can start with a simple free phone call to (256) 799-0297. No Win, No Fee. Simple as that. You have nothing to lose.
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