HUNTSVILLE DISABILITY GUIDE

BASIC REQUIREMENTS FOR SOCIAL SECURITY DISABILITY: ___ You are not working now at substantial gainful activty. * ___ You have a severe medical impairment that has lasted, or is expected to last, at least 12 consecutive months. ___ You have worked enough to be covered by the Social Security Act (generally, you have worked at least 5 out of the last 10 years). ADD BONUS POINTS FOR YOUR CASE IF YOU..... ___ Are at least 50 years of age ___ Have consistent medical treatment ___ Have a history of treatment by a specialist ___ Can get a detailed medical source statement (form) from at least one of your treating doctors. ___  Have a long and consistent work record, especially at the same company or in the same type of work. ___ Tried to return to work since your disability but were not able to do so (unsuccessful attempt to work). ________________ * Substantial Gainful Activity (SGA) in 2016 means you are earning gross WAGES or SALARY of at least $1,130 per month....

Every disability case is different, even though all have some common elements.  I am attempting here to answer the common question, "How long will it take to get disability benefits?"  I practice in Alabama, so my answers concern Social Security applications in Alabama--but I doubt it is much different anywhere in the country.  The waiting times are approximately the same. THE INITIAL DECISION .  From the time you file your initial application, it will usually take between 90 and 120 days to get a decision.  The decision will be quicker if the claimant has a terminal illness or meets criteria for one of the "compassionate allowance" diseases.  A veteran with a 100% permanent disability from the VA may also get a faster decision. THE APPEAL.  The appeal involves attending a hearing before an administrative law judge.  The average wait time to get a hearing in Alabama is now just over 15 months .  Individuals described in the above paragra...

There are several reasons why I believe a claimant should have representation at a Social Security hearing: 1. Because of What is Riding on the Outcome.   Most claimants have been off work for several months or even years.  They may not be able to afford medical treatment.  Their only source of income may be help from a family member of friend.  They need to get disability payments and they need Medicare or Medicaid health insurance. 2.  Because the Disability Hearing is a Complicated Ordeal. Medical records must be submitted.  The claimant must explain how the medical records show disability.  The burden of proof is on the claimant, not on Social Security.  Medical-vocational guidelines should be considered.  There will usually be testimony from a vocational expert which will often hurt the claimant's chances of an award.  The onset date of disability may be challenged.  This will affect the amount of back pay, the date of Med...

Many of my disabled clients are in a Cache 22.  They aren't able to work and can't afford a doctor.  But they need a doctor in order to get disability benefits.  What can you do? If you are disabled and can't afford to see a doctor, you may want to consider one of the following resources in the Huntsville area.  If one of these can't help, please call my office to see if we can refer you to another doctor or clinic.   Community Free Clinic 410 Sivley Road SW Huntsville, AL 35801 (256) 533-2910 HEALS Inc 308 Fountain Circle Huntsville, AL, 35801 (256) 428-7560 Health Department, Huntsville-Madison County 301 Max Luther Drive, Huntsville, AL 35811 (256) 539-3711 Please be aware that these clinics are very busy and get a very large number of requests for help.  We ask that you be patient (and you must be persistent).  You may have to call more than once before you can see a doctor.  And you may have to go into the clinic for...

SSDI stands for Social Security Disability Insurance.  Workers pay for this insurance by having FICA taxes deducted from their pay checks for as long as they work.  Then, if they become disabled they are "insured" and may file a claim for monthly benefits.  Persons who have never worked are not "insured" and cannot receive SSDI (though they may qualify for SSI, a separate program).  Also, persons who have not worked for the last five-year period may have lost their SSDI eligibility but it pays to check and not assume this. To qualify for SSDI, a person must have a severe disability which has lasted, or is expected to last at least 12 months.  This impairment must be severe enough to prevent full-time work.  The individual must file a claim with the Social Security Administration and provide medical evidence of a disability (doctor's records, etc.).  It usually takes 90 to 120 days to get a decision (yes or no) on an application. SSDI is not needs b...

1)  At what age may I apply for Social Security disability (SSDI)?  Answer:  Adults may apply any time before your full retirement age.  (If you were born in 1948, for example, your full retirement age is 66).  Children may apply any t ime prior to age 18 .  There are special rules for adults who became disabled prior to age 22. 2)  What monthly benefit may I expect from SSDI?  Answer: The benefit amount will vary based on your average wages and work history.  The maximum monthly benefit in 2016 is $2,639.  The average monthly benefit is $1,166. 3) Can my spouse or dependent children also receive benefits?  Answer:  Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.  4)  Will I get Medicare insurance with my disability benefits?  ...

"The patient is doing well." Doctors love to write this in their patients' medical records.  Sometimes they write, "The patient is improving," or "Ms. Public continues to improve with her new medications." The problem is that low-paying administrative law judges sometimes seize upon these statements to justify a denial of disability benefits.  I've seen judges use such statements by doctors to justify a finding that the claimant's symptoms are not as severe as alleged. How do we deal with the common phrase, "Mr. Smith is doing well"?  Consider the following: "Doing well" is a relative statement.  Doing well compared to what?  Mr. Smith may be "doing well" compared today compared to yesterday.  He may not be constantly suicidal since he started Prozac and, by comparison, the doctor may feel that this is "doing well." Mr. Smith may be "doing well" relative to his catastroph...

Here is what the law requires Social Security to do in order to determine if you meet the definition of "disability" and qualify for benefits. 1)  Determine whether you are present working at "substantial gainful activty."  In 2016, this means earning wages or self employment income of at least $1,130 per month before withholdings. 2)  Find that you have one or more severe medically determinable impairments (other than drug or alcohol abuse).  A doctor's medical record is essential at this step. 3)   Find out whether your impairment is severe enough to meet a Listing.  If not, Social Security must determine your "residual functional capacity," which means the most you can do with regard to work related activity. 4)  Determine whether you can perform any of your past relevant work--which is usually the work you have performed at substantial gainful activity level during the past 15 years ( and did the work long enough to learn how to...

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...

When you receive an approval letter from an administrative law judge following a hearing it will not tell you how much your monthly benefit will be.  That information will come later. T he judge who decided your case is not concerned about the amount of your benefit.  His or her job is to make a legal determination about your eligibility to receive benefits.  If you are found legally entitled to benefits by the judge, then another Social Security office will compute your monthly benefit.  You will be notified of the amount of your benefit payments in a second letter from the Social Security office.  This will usually arrive within 4 weeks after the judge's Notice of Decision has reached you.  The second letter will tell you the amount of your back pay (if any) the date to expect the back pay the amount of your monthly benefit the day that your monthly benefit will arrive each month  You should read this letter carefully and save it for ...

Special rules often help individuals who are age 50 or above to get Social Security disability benefits. These rules are called Medical-Vocational Guidelines.  They consider the individual's age, education, work experience and medical impairments.  These Guidelines are only available for persons age 50 or above. Therefore, older claimant s often get approved who would have been denied if they 49 or younger. It is still up to the claimant or his representative to prove a disabling medical condition and to show how the Medical-Vocational Guidelines apply.   Persons younger than 50 may be approved for disability but it is more difficult. This requires showing  functional limitations that are so severe that they prohibit the claimant from full-time work in any type of job which exists in the national economy . e ve n at the sedentary unskilled level. _________________   The Forsythe Firm provides free consultations on Social Security disability ma...

There are 2 primary disability programs administered by the Social Security Administration: SSDI - SSDI stands for "Social Security Disability Insurance ." It is called "Title 2" by Social Sec urity offices or employees. SSDI is for covered wage earners who have paid tax into the Social Security Program and gain the required minimum number of work credits.  Work credits are the "building blocks" upon which SSDI is based. T he tax refers to FICA tax that the worker has paid through payroll deductions (or if self employed, the tax was paid with the tax individual's federal tax return).   The monthly benefit for SSDI is based on the beneficiar y's earnings record.  Persons who have never worked, have not worked long enough, or have not worked recently enough are not covered by SSDI and cannot receive these benefits.  Your Social Security office can tell you whether you have enough work credits to be covered by SSDI (Title 2). SSI is a totally...

Social Security's SSDI program may provide full coverage for family members of disabled workers. SSDI (or Title 2) may provide benefits for a spouse, child or widow of an eligible disabled worker.  SSDI is based on the earnings record and taxes paid by the primary covered worker, who is called the "wage earner."  SSI (Title 16) does not provide full family coverage, although a family member may be independently eligible under SSI. Family members may receive up to 50 percent of the disabled worker's disability payment.  There is a family maximum that ranges between 150 - 180 percent of the covered worker's benefit.  Family benefits are not paid to SSI beneficiaries but a disabled spouse or child may be independently eligible if they themselves are disabled under Social Security rules. Benefits are available to a spouse at any age who cares for a disabled worker's child under the age of 16.  The spouse receives benefits until the child reaches age 16.  A...