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CHECK LIST FOR FILING A DISABILITY CLAIM (SOCIAL SECURITY)

 

Do you believe you are disabled and entitled to monthly benefits from the Social Security Administration (called SSDI benefits, for "Social Security Disability Insurance)?

Social Security's eligibility requirements are very strict. Here's a partial checklist to see if you meet the basic, technical requirements to receive a disability check:

   1. You must not currently be working at "Substantial Gainful Activity" (SGA). In         2026 you must not be working and earning wages or self employment income             of at least $1,690 per month, gross wage

  1. You must be "insured" by the Social Security Act. Generally, you must have worked and paid FICA tax for at least 5 years out of the most recent 10-year period. This gives you the minimum "quarters of coverage" to be insured or covered for SSDI.

  2. You must have a "severe" medical and/or mental condition that keeps you from working and the condition must (a) be expected to last for at least 12 straight months, OR (2) to end in death. Short term impairments are not covered (if they last less than 1 year)

  3. You must have current medical treatment to document (a) the nature or type of impairment, (2) the severity of the impairment, and (c) the longevity of your condition.

  4. You must be under your full retirement age (age 67 if you were born 1960 or later).

If you meet those basic requirements, you must submit convincing objective medical evidence to prove that you are unable to work a full-time job.

Most claimants will require  a series of appeals to be approved, many having to appear before an Administrative Law Judge for a hearing. The process can be lengthy.

While some claimants get approved without meeting the criteria below, here are some factors that will make your disability claim stronger and increase your chance of approval:

  • Age 50 or over but under full retirement age (age 55 + is even better)

  • A strong, solid employment work history (long time at one job)

  • A limited education can help.

  • No recent history of sedentary work (clerical, administrative or "sit down" jobs)

  • Excellent, recent medical records that include lab tests and/or imaging

  • A reasonable judge with decent award (payment) rates

  • Assistance of an experienced, caring lawyer who understands SSDI

A KEY to getting SSDI benefits is: Don't Give Up. If denied, which is likely, file a tight written appeal within the 60 days time limit.

A lawyer or certified Disability Advocate, like those at The Forsythe Firm in Huntsville, can increase your odds of success up to 300 percent, according to a US Government study. Consultations are free and you never pay a fee until you are approved and recover past due benefits on your claim or appeal.

When you apply for Social Security disability benefits, expect a long journey which can be difficult and frustrating. Help to ease the difficulty by getting legal representation -- especially at the appeal level. Let your representative deal with the government for you.


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