HUNTSVILLE DISABILITY GUIDE

Most SSDI and SSI cases are assigned to the Florence Office of Disability Adjudication and Review (ODAR).  Since 2011, some cases are also assigned to the Franklin, TN hearing office.  That does not mean that the hearings are held at Franklin, however. Social Security holds disability hearings at the following locations in Madison County and the counties immediately surrounding: Florence Cullman Decatur Huntsville Jasper Albertville Gadsden Generally, they try to keep the hearings within 75 miles of the claimant's home.  If you must travel more than 75 miles to attend a hearing, you may be able to claim reimbursement for travel expenses.

One of the newest hearing offices is the new ODAR office in Franklin, TN.  When Social Security opened the new Franklin office, the average waiting time for a disability hearing was over 500 days.   The goal of the new office is to reduce that waiting time by one-half--down to about 270 days. In Tennessee, about 70 percent of Social Security disability applications result in denials.  The next step is called Reconsideration--where the same state agency that processed the denied applications gets to review the case again--using a different examiner.  Most reconsideration cases also are denied.  The next step is a hearing before an administrative law judge. Award (approval) rates vary from one hearing office to another and from one judge to another.  But everyone agrees, the hearing is your best chance to win a Social Security disability claim. Your odds of winning may be increased by using a professional representative or advocate who understands the Social Security disability sys

When you appeal an unfavorable decision on a Social Security disability case, the appeal is handled by the Office of Disability Adjudication and Review, ODAR for short. Most appeals will end up at a hearing before a US administrative law judge (ALJ).  A few cases may be selected for fully favorable decisions without a hearing.  This would occur when the ALJ or his/her attorney advisor reviews the file and finds that a favorable decision can be made without a hearing. As I have stated, most cases will go to the hearing phase.  After the hearing, the judge may issue one of three decisions: 1)  The decision may be fully favorable.  This means that the ALJ agrees with the claimant about the date disability began and payments will be made accordingly. 2)  The decision may be partially favorable.   That means that the ALJ agrees that the claimant is disabled and is due benefits; however, the onset date of disability has been changed, resulting in a lower amount of back pay, or perhap

There are two programs administered by the US Social Security Administration.  Besides SSDI, also called Title 2 disability, SSA administers "Supplemental Security Income," or SSI. SSI is quite different from Title 2 or "regular Social Security disability."  Here are a few unique facts about SSI that do not apply to Title 2 or "SSDI" claims. With SSI There is no requirement that you have worked before or earned "quarters of coverage." You must have strictly limited resources and monthly income to get SSI. The federal basic or maximum benefit for 2013 is $710 for individuals, $1160 for couples. You cannot receive benefits for periods prior to the date of application. There is no five-month waiting period.  You can begin to receive benefits in the month following your application if approved. Social Security will consider living arrangements along with resource and income levels to determine your eligibility for SSI. The medical porti

Sometimes we get questions about a partial disability award from Social Security.   The VA will often award veterans a 30 percent disability, etc.  Some workers compensation claims are awarded on the basis that an individual suffers from less than 100 percent disability but still has some partial loss. In Social Security, however, it is "all or none."  You are either disabled or you are not.  There is no such thing as 30 percent or 50 percent disability.  You have to be 100 percent disabled or you not disabled - nothing between. What is the definition of "disabled" for Social Security?  You have to be disabled by a mental or physical impairment which is medically determinable.  You have to have such a severe impairment that you cannot perform any of your past relevant work (the work you have done during the last 15 years) - or any other work which exists in significant numbers in the national economy. There is also a duration requirement.  Your impairment must