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WHY A JUDGE CANNOT PAY YOUR DISABILITY CLAIM, EVEN IF HE WANTS TO

When you file a claim for Social Security disability it comes down to 2 things:

1.  Can the judge pay the claim?

2.  Does he/she want to?

There are a few cases where the judge really believes that you are disabled and deserving of benefits - but he/she can't legally pay you.

Here are some of the reasons that Social Security may want to pay your claim but cannot:

1.  Your disability began after your Date Last Insured (DLI).  In simple terms, your SSDI coverage expired before you became disabled.  There is no coverage.

2.  You have not earned sufficient work credits, or "quarters of coverage" to be insured for SSDI.  Here, also, you have no coverage under Social Security Disability Insurance.

3.  Your impairment has not lasted for at least 12 consecutive months or you can't demonstrate that your condition is medically expected to last for at least 12 straight months.  There is no short term benefit.

4.  You have returned to work at "Substantial Gainful Activity" (SGA).  cannot be found disabled under the rules if you are working and earning at least $1,690 per month (2026 amount; it changes annually). This refers to wages, tips, commissions or other earnings.

5.  You don't have objective medical evidence to prove  your disability.   The judge cannot simply take your word that you're unable to work.  There must be medical documentation of your impairment, it's severity and duration.

Proving disability under the strict rules and regulations of the Social Security Administration can be a challenge.  There are hundreds of rules set forth in the 20 Code of Federal Regulations, especially Part 404.  Understanding these complex rules is the job of an experienced Social Security disability lawyer.

A lot of times, a free 30 minute conversation with a lawyer helps you underestand whether you meet the technical requirements for disability benefits - and how to go about proving your case.   

You cannot be charged a fee for this conversation, no matter how much time you spend with your lawyer.  He/she will get paid by Social Security only after you win your case and receive past due benefits.  

For a free case evaluation about Social Security disability, please call Charles W. Forsythe at The Forsythe Firm in Huntsville.  (256) 799-0297.

Please note that we do not handle cases involving children, continuing disability reviews (CDRs), Supplemental Security Income or over payment issues.  

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