HUNTSVILLE DISABILITY GUIDE

I am sickened when I hear journalists or critics of the Social Security disability program making outrageous claims.  One of the current hot buttons is the claim that Social Security disability has become "a shadow unemployment benefit program."  This is such hogwash! Social Security disability is governed by a complex system of federal regulations, consisting not only of the Social Security Act but Parts 1-99 of the 20 Code of Federal Regulations (20 CFR).  These regulations have set up mandatory processes and rules of evidence which absolutely prohibit disability benefits to anyone who is not (a) insured under the Social Security Act (b) unable to work at any substantial gainful activity (c) disabled for at least 12 consecutive months and (d) able to provide objective medical evidence proving the disabling condition.   From the time of application, the typical process to get approved for Social Security disability can take 24 to 36 months or...

We frequently get calls from individuals who are still working, but struggling, and are considering Social Security disability. Here are things that individuals need to consider as they think about Social Security disability while they are still working: First, there is no disability benefit available from Social Security if you are working and earning more than $1,090 per month. You must have stopped working to apply--or at least be earning less than $1,090 per month if working part-time. Second, Social Security does not pay a benefit for the first full 5 months of disability.  At a minimum, you must be prepared for at least 6 months of no income after you stop working.  Getting approved within 6 months is, honestly, pretty much of a miracle.  It often takes much longer. Third, not being able to perform your past work is not enough, in most cases, to qualify for Social Security disability benefits.  If you are under age 50, Social Security will look at your ...

You attended a hearing on your Social Security disability claim.  A few weeks later, you receive a Notice of Decision in the mail that says you have received a Partially Favorable decision.  Does this mean that you are only partially disabled, not fully disabled? ANSWER:  No.  Social Security does not make awards for partial disability.  You are either disabled or not disabled.  There is no such category as "partially disabled" within Social Security law. A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date--the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did not become disabled unt...

The Forsythe Firm is one of North Alabama's leading Social Security disability advocates.  Our job is simple:  help you get the maximum Social Security disability benefit in the shortest time possible.  For free, no obligation consultations, call us at (256) 799-0297. NO FEES until you win and collect your back pay. In choosing a disability advocate, consider the following:   LOCAL - Use someone here in North Alabama where you live. EXPERIENCED - Use an advocate with Social Security experience. DIRECT PAY ELIGIBLE -  Will Social Security play your advocate directly (only if he/she is eligible for direct payment of fees) ACCESSIBLE - Is your advocate available and close enough to visit--or, do you have to call long-distance and mail forms back and forth to another state?  Why not simplify things and use a local advoc ate right here in Huntsville.   THE FORSYTHE FIRM 7027 Old Madison Pike NW, Suite 108 Huntsville, AL 35806 ...

You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and paying FICA taxes.  Most adults need 20 quarters of work to be covered.  These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim.  Very young individuals might need less than 20 quarters of work. Your Disabling Condition Must Last At Least 12 Months.  Short term disability lasting less than 12 consecutive months is not covered by Social Security.  You must have an impairment that has lasted, or can be reasonably ex...

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award.  Submit these forms with, or shortly after, you apply for benefits. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your fav...