HUNTSVILLE DISABILITY GUIDE

Alabama, along with 9 other states, has streamlined the process for applying for Social Security disability.  If your initial claim is denied at the first level (most are), you no longer have to waste time with the "reconsideration" stage.  Instead, you may appeal directly to an administrative law judge and ask for a hearing.  The hearing judge has authority to give you a new and better decision on your claim (and often does). In north Alabama, hearings are held in many locations, including Florence, Huntsville, Decatur, Cullman, Jasper, Gadsden and Anniston.  Social Security tries to schedule hearings within 75 miles of the claimant's home. You are entitled to be represented at your hearing, which is a good idea.  In fact, most judges will not hold a hearing for an unrepresented claimant unless the claimant signs a waiver.  The judge will usually recommend the hearing be postponed to give the claimant time to find representation. You c...

The numbers are staggering.  There will be around 50,000 new disability claims filed in Alabama this year.  And 70 percent of them will be denied by an agency that is swamped and over worked.  Up to 60 percent of the denied claims should have been winners. This makes the necessity of an appeal evident.  If your claim was denied, appeal immediately.  The law gives you 60 days to appeal without losing any rights under your original claim (or any money).  After 60 days and the deal is off.  What can a disability specialist or advocate do for you during the appeal process?  Quite a bit. Focus on the reason you were denied.   The denial letter, while mostly a form letter, may give hints as to why you were denied.  Reasons usually lie in the very strict definition used for "disability," or the claim may simply have been mishandled. Determine if the impairment meets a Listing.  Certain listings automatically qualify for disability aw...

Here is a question that is very frequently asked by individuals who have been denied disability benefits: "Do I need help to appeal my disability denial? The answer to that question is, No.  You can appeal by yourself.  But the real question is: "Do I need help to win my disability appeal?" And the answer to that question is, probably. Social Security disability hearings are complex legal proceedings that rely on a definite system of rules and regulations which dictate the result.  It is much more complicated than appearing before a judge and telling him or her your story.  There are two things that you must prove under Social Security law. One :  That you cannot perform any of your past relevant work. Two :  That there is no other work in the national or local economy that you can do, given your experience, residual function capacity, education and age. That may sound simple but, believe me, it usually isn't.  Consider getting a pro...

It's a fact that your odds of being denied Social Security disability is 7 out of 10.  We often scratch our heads, rub our chins and try to figure out why the number is so high.  Obviously, a majority of the people who file for disability shouldn't be denied, only to have their claims later approved on appeal.   As an experienced disability representative, here are some of the problems with initial disability determinations.  In combination, they deny far more people than they should. Social Security believes that many people will lie to them in order to get benefits.  Therefore, the system is designed to approve only the most obviously qualified persons. The people who make the decision about your claim have never met you. Social Security often makes a decision without a medical examination. If there is a medical examination, it is usually performed by a doctor who gets paid by Social Security. Think there might be a conflict of interest? If you are not ...

Though our legal services firm is headquartered in Huntsville, we do a considerable amount of disability advocacy in Florence, AL.  Florence is home to one of the busiest Social Security hearing offices in Alabama.  Presently, there are almost 4,000 disability cases pending in the Florence office. All of these disability claims have been denied at the initial level.  Many of them, if not a majority, were denied erroneously.  In fact, a majority of them will be awarded benefits.  The only problem is, the unfortunate claimants must wait up to 18 months to get their benefits because somebody improperly evaluated their claim. When initial claim decisions are in doubt, the benefit of doubt always seems to go to Social Security, not to the claimant.  The remedy is to appeal the unfavorable decision to an administrative law judge who has power to reverse the original decision and award your benefits. This process requires skill and determination.  A pr...

Social Security invented forms.  They love them.  Here are some of the typical forms you will be asked to complete when you file an application for Social Security disability benefits.  Knowing how these forms will be used may help you in answering the questions or providing the information. DISABILITY APPLICATION:  This form provides Social Security with basic information such as your name, contact information, birthday, impairments, education, etc. DISABILITY REPORT:  This 14 page report asks detailed questions about your illnesses or injury.  It will ask for the name, address and phone number of each doctor, clinic or hospital that treated you, what kind of treatment you received, when you received it, and what tests you had.  You will need to list each medication you were prescribed, when it was first prescribed, what it is for, and the daily dosage.  This form will be used to determine if you have a "medically determinable impairment."...

There are 4 ways to apply for Social Security disability benefits: Call Social Security at 1-800-772-1213 (Monday is the worst day to call). Visit a local Social Security office (appointment recommended). Apply online at www.socialsecurity.gov, then click the "Disability" tab . Find a disability advocate or representative who will file for you. Which is the best way to file?  It depends on the individual.  The advantage to having a professional advocate file for you is that he/she will be familiar with the system, the forms, and the type of evidence required.  It seems a small consideration, however, knowing the buzz words and lingo of Social Security can sometimes make a difference. Here are some of the forms that Social Security will typically require as part of your application for adult disability benefits: Application for Benefits Adult Disability Report Function Report Work History Report In a recent application that I filed, I counted 32 pages of fo...