Q & A About Disability Claims in Alabama

Q.  Who makes the decision whether I am disabled or not?

 A.  Social Security hands off that decision to a state agency known as the Disability Determination Service.

 Q.  If my claim is denied what should I do?

 A.  File a written request for a hearing within 60 days of the denial--if you live in Alabama.  If you live in Tennessee, file a written request for "Reconsideration," which is different than a hearing.  Procedures differ between Alabama and Tennessee but the 60 day rule applies in both states.

 Q.  If I hire an attorney or representative, how is he or she paid?

 A.  If you win the case, Social Security will withhold an approved fee out of your accrued back pay and pay the representative.  The typical charge is 25 percent of back pay, which is the maximum amount allowed by law.  If you don't win there is no fee.

 Q.  What's the timetable for Social Security disability decisions?

 A.  Times vary by location but here is the general time frames:  You will get an initial decision within 120 days of filing.  If you must appeal and have a hearing, it will take 12 to 14 months on average.  Wait times for hearings vary from office to office with the national average being about 13 months.  You will receive a notice of the judge's decision by mail usually within 6 to 8 weeks after the hearing. Payment is usually made within 45 to 90 days after notice of decision, barring any complications.  Be sure your banking information on file with Social Security is correct because payments will be made by direct deposit.  An error in your account or routing number can cause untold misery and delay.

 Q.  Can my attorney get my hearing expedited?

 A.  Expedited hearings are available only in two extreme situations:  (1) Your condition is expected to result in death within a year, (2) you have a dire need.  Examples of "dire need" might be:  no food, inability to get urgent medical care, you are homeless or about to be evicted, etc.  Most situations do not qualify for expedited handling.

 For more questions and answers, see "Frequently Asked Questions" on my main website.  You may also 
send me a confidential email.




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