DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

The government encourages disabled veterans to apply for Social Security disability benefits. Veterans with at least 70 percent VA disability have an advantage with Social Security. First, another government agency (the Veteran's Administration) has examined their claims and found them to have a significant medical disability.  While Social Security is not bound by the VA's finding, it is a good indication of disability, since the VA rules are similiar to Social Security's rules. Second, the military provides extensive medical evaluations and treatment.  Thus, there are excellent medical records available to support an SSDI claim. Third, if the veteran has a 100 percent permanent and total VA rating, Social Security will expedite the application process so that a faster decision can be made. A note of caution is in order here:  Social Security will deny most applications at the initial level.  An appeal is usually required for a claim to be approved.  ...

Stop and think before you dial that 1-800 number for a disability lawyer.  Who is on the other end of the line?  Where are they?  Are you calling a firm in New York or New Jersey?  If so, you will never meet them.  They will send a local representative to your hearing--someone you have never met before hearing day.   Some questions to ask before you call? * Do I want to choose who will represent me at my hearing, or do I want some out-of-state firm to choose for me? * Do I want to meet my representative face-to-face before the hearing, or are long distance phone calls good enough? *Do I want personal attention to my disability case, or am I OK with being a "case number" with a firm that has never met me, and probably never will? *Do I want a representative who knows the local judges, including the judge who will handle my hearing? Local attorney/advocates here in Athens don't generally use 800 phone numbers. When you see an 800 phone number...

Disabled veterans are often eligible for payments from the Veterans Administration (VA). But don't overlook major benefits from Social Security (SSA), too. Social Security can pay up to $2,800 per month and may also provide additional benefits for each dependent child.  These are in addition to VA benefits. Social Security is a little different from the VA process.  Here's a brief checklist of things you should know about SSDI:   The Social Security application process is separate from the VA process. VA approval does not automatically mean Social Security approval. With VA, you can get a partial disability award; with Social Security, it is all or none. Most Social Security applications are denied initially and must be appealed. Your chances of approval are best with representation by a firm that knows Social Security's requirements and process.   The Forsythe Firm in Huntsville works with hundreds of veterans to get Social Security disability benefits...

Many employers carry group insurance that includes a Long Term Disability (LTD) policy on their employees.  This can be a financial life saver when disability strikes. Let's say that you are suddenly diagnosed with a serious disease that will require you to be off work for an indefinite period of time, perhaps even permanently.  Or, you have an accident that leaves you unable to work.  All your bills continue but your income may suddenly stop because you are unable to work. You apply for Social Security disability.  However, you find out that Social Security pays no benefit for the first 5 months from the onset of your disability.  So, even if you are approved quickly, there can be no Social Security check for 5 months. Then, you discover that it often takes months just to get a decision on your SSDI application.  Worse still, up to 80 percent of Social Security disability applications will be denied.  An appeal can take 2 years.  There is n...

Having a plan or strategy is very important to winning your Social Security disability appeal. Judges have very limited time to spend on a case.  They are required to issue up to 700 decision a year, or over 50 per month.  One case may have thousands of pages of medical records and other documents to review.  Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know. Is this claimant insured for benefits? What kind of past work did the claimant do? Does he or she meet a Listing or grid rule? Are there any transferable skills? Does the medical record support the alleged onset date?  If so, where?  These are things the judge must know to decide the claim.  A good representative will read and analyze the medical records, which are the foundation of every case.  The important evidence will be pointed out to the judge.  Are there MRIs or imaging studies to prove the...

Do you need long term disability checks from Social Security?  There is a mandatory and sequential checklist that Social Security must use to decide whether you can get checks.  Stated as simply as possible, here is that 5-step process: 1.  Are you now working?  If so, you don't qualify, if you earn at least $1,350 month in wages (in 2022). 2.  Do you have a severe impairment that can be medically proven? 3.  Do you meet of the published listings?  (If not, you still may qualify).  We must now determine your "Residual Functional Capacity" or RFC. 4.  Are you able to perform any of the work you have done during the past 15 year period?  If so, you don't qualify. 5.  Are you able to perform any other type of work?  If so, you won't qualify unless you are over age 50 (in some cases). The basic rule for Alabama disability is that you aren't working a full-time job now due to a disability, and you are physically and/or ...

Most Alabama workers are covered by Social Security disability because they pay FICA withholding tax out of every paycheck.  This provides coverage against long term disability and loss of income. However, Social Security can be difficult to deal with and there are complex rules that must be met before they will part with any money.  It can take anywhere from 4 months to 4 years to get approved. Here is the sticky part.  Social Security will often agree that you cannot perform the work you once did.  However, they will say that you can still perform some jobs which exist in the national economy.  These jobs are often unskilled minimum wage jobs, such as hand packager, inspector or copy colater.  It doesn't matter that you can't actually find one of these jobs. If you file an application and are denied (as up to 75% are), you have 60 days to file an appeal.  The appeal puts you in line for "reconsideration."  Unfortunately, "rec...