HUNTSVILLE DISABILITY GUIDE

If you meet the following criteria, federal disability payments could be an option for you in the event of a disability that makes it impossible for you to continue full-time work. You have earned enough quarters of work coverage to be "an insured worker." Your disability will last at least 12 consecutive months OR is expected to end in death. There is medical evidence sufficient to prove your functional limitations. You are not current working at substantial gainful activity You may apply for federal disability benefits in one of the following ways: Visit or call a Social Security office. Visit www.socialsecurity.gov to apply online (Benefits tab, Apply for Benefits) Have your attorney or disability representative file an application for you. On average, 70 percent of applications are denied.  A substantial percentage of denied applications, however, will be approved on appeal.  Your chances may be improved by being professionally represented, especially for t

You have been denied disability benefits and filed an appeal.  You are about to attend a hearing.  A question we often get is, "Will the same person who denied my benefits in the first place also be the one who hears my case in the appeal hearing?" The answer is, No.  You will get a de nova (entirely new) decision. The person who will hear your appeal and provide a new decision in response to your appeal is an administrative law judge.  This judge had no part in your first decision or denial of benefits.  He or she will be looking at your evidence for the first time and will provide you with a new decision based on a review of all the evidence--including any new evidence that you have submitted since the denial--and the testimony you provide at the hearing. What are the advantages available at the hearing that were not available with your initial application process?  There are several: For the very first time, you get to appear in person and speak to the decision maker

The most common response to a Social Security disability claim in Alabama is a denial.  The most common reason given for a denial:  "You are not disabled under our rules."  They usually add the following:  "The evidence shows you have some restrictions and are not able to perform work that you have done in the past.  However, based on your age, education and past work experience, you are still able to perform certain types of work." This is known in the profession as a Step 5 denial, based on the assumption that there exists easier work that you could still perform, even if you can't do your past work. What is important here is that this is not the final decision .  You may have struck out in the first inning, but the ballgame goes on, so to speak.  Use your 60 day window to file and appeal and request a hearing before an administrative law judge.  The judge will review your claim, all your evidence (including new evidence you submit after your denial) - and

We all use words that we don't think about.  Sometimes.  Occasionally.  Once in a while.  Seldom.  Frequently. Some of these words have meanings assigned to them by Social Security regulations.  And not being aware of the meanings that Social Security assigns to these words can cause us a lot of problems.  Let me deal with just two words here:  occasionally and frequently . Occasionally - can mean different things to different people.  However, the word is defined by Social Security to mean "from very little up to one-third of an 8-hour work day."  Therefore, occasionally has to be taken to mean "...up to one-third of an 8 hour work day."   So, you state that you can "occasionally lift and carry up to 10 pounds."  That would mean that you can lift and carry up to 10 pounds for up to 20 minutes each hour , and you could do that for 8 hours per day, 5 days per week on a regular and consistent basis. Most people don't think that way.  Mo

If your Social Security disability application is denied, you will next go to a hearing (if you live in Alabama).  The hearing is a fact-finding process during which you will be asked a series of questions by an administrative law judge (ALJ).  Your representative will also be allowed to ask you a series of questions to help pinpoint why you are not able to work. While no two hearings are exactly alike, we have compiled SOME of the common questions that judges often ask claimants.  These questions are in no particular order and probably do not represent all of the questions you may be asked.  This compilation would be a starting point of commonly asked questions.  Remember that prior to giving any testimony, you will be placed under an oath or affirmation to tell the truth, so you testimony will be sworn. State your age and highest level of education completed. Tell me why you believe you are not able to work?  (Include physical and mental limitations). Describe your symptoms (p

Your age is one of the key factors to be considered in a disability claim.  Social Security uses the following age categories: Under 50      younger age 50 - 54         approaching advanced age 55 +             advanced age  If you are under 50, Social Security considers that your age will not pose a serious disadvantage in your ability to adapt to other work. However, as you cross the age 50 median, your age becomes more of a factor.   Age is combined with 3 other key factors to determine whether you meet a Medical-Vocational Guideline that would direct a finding of disability.  The other factors besides age are: education residual functional capacity previous work experience Let me here explain what "residual functional capacity" is:  This simply means the maximum exertion level that you are capable of sustaining for an 8-hour work day.  The exertion levels, from lightest to heaviest are:  sedentary, light, medium, heavy and very heavy.  Exertion levels prim