HUNTSVILLE DISABILITY GUIDE

The Social Security disability program is known by various names:  SSDI, Title 2, federal disability or simply Social Security disability.  It is not the same as SSI, Supplemental Security Income, also administered by the Social Security Administration.  (SSI is also referred to as Title XVI). Since SSDI taxes are mandatory for all workers, most people assume that everyone is covered by Social Security disability insurance.  This is not the case. To be covered, a person must have completed the minimum quarters of covered work.  The required number of quarters vary with the worker's age.  The general requirement is that out of the most recent 20 quarters (a quarter is 3 months), the individual must have worked at least 10 of those quarters.  Another way to say it:  Out of the past 10 years, the individual must have worked at least 5 years.  This is a general rule, not an exact rule. Very young workers may not need to have worked 5 years to be covered. To count as one quarter

Social Security requires objective medical evidence in order to find a claimant disabled and eligible for benefits.  Objective evidence includes medical signs and laboratory findings from a qualified medical source, as defined in 20 CFR 404.1528 b and c, and 404.1529. For instance, if a person complains of severe back pain, Social Security decision makers would like to see an MRI or X-ray of the spine which demonstrates a clear medical impairment, such as degenerative arthritic changes or a herniated disc, that could reasonably explain the symptoms.  Further, they will need documentation by a medical source as to the severity of pain and other symptoms. In addition to objective medical signs and findings, "other evidence" will also be considered.  Other evidence might include statements from the claimant or from treating or non-treating sources about your medical history, diagnosis, treatment, daily activities, efforts to work and other evidence showing how your impairmen

SSDI stands for Social Security Disability Insurance .  When you first began working, the Government deducted a percentage of your wages, called a FICA tax.  This continued as long as you worked, in most cases.  This money was matched by your employer and set aside in a government trust fund to help you if you later became disabled and could not work. SSDI is a type of government sponsored insurance program, usually called "Social Security disability insurance."  To get benefits out of SSDI, you must prove  that you have a medical disability so severe that you cannot work any full-time job; that this disability has lasted, or is expected to last, for at least 12 consecutive months. That sounds simple but Social Security has made it rather difficult to prove that you are disabled.  One reason is that their definition of 'disability' is so strict.  You usually must prove that you cannot perform even simple, unskilled work at the sedentary (sitting) leve

Starting federal disability payments first requires a medical determination that you are disabled.  This is accomplished by filing an application for Social Security disability under Title 2 of the Social Security Act.  A state agency known as the Disability Determination Service will examine your application to determine if you meet the requirements for disability. Here is a brief checklist of things you need to know as you consider filing for disability: Are you currently working?  If you are now earning at least $1,090 per month before taxes or withholding, you are engaged in substantial gainful activity and are not eligible for federal disability benefits. Are you covered by Title 2 disability insurance, also called SSDI (Social Security Disability Insurance)?  Unless you are a very young individual, you generally would need to have worked at least 5 years out of the most recent 10 year period. You can find out if you are covered by calling Social Security at 1-800-

An advocate might be able to help get disability benefits that would not be attainable by the claimant. (This, of course, is never guaranteed).  A professional may be able to help you.... determine the strength of your claim gather medical records and other evidence develop a winning legal theory of your case analyze the vocational implications of past relevant work file applications, petitions and motions for you attend a hearing before an administrative law judge as your representative push for maximum back pay or past due benefits prove disability back to its proper onset date (thus getting more benefits) be sure you get all the money you are eligible to receive appeal unfavorable decisions Advocates are paid a small percentage of the back pay collected by the claimant. Therefore, it is in the best interest of both claimant and advocate to win the case and to settle for the maximum benefit available under the regulations. If you do not win your claim, or if you win bu

Fraud prevention seems to be Social Security's new top priority.  In November 2014, the Social Security Administration opened a new division called the Office of Anti-Fraud Programs (OAFP) .  The OAFP works closely with the Inspector General (the investigative and prosecution office) to "combat fraud and waste."  Congress has allocated billions of dollars to the anti-fraud campaign. Acting Commissioner of Social Security, Calvin Colvin, said her office will take a stern stand against anyone found to be trying to abuse or defraud the system.  Ms. Colvin said:     “We will find you; we will prosecute you; we will seek the maximum punishment allowable under the law; and we will fight to restore to the American public the money you’ve stolen from the American people.”  There continues to be a backlog of over 1 million disability cases waiting to be heard, and over a million claimants have been waiting up to 3 years to get a decision on their claims.