WHO DECIDES IF YOU ARE DISABLED?

This decision can be made only by the Commissioner of Social Security or her designated representative.  When you file a completed application for disability benefits, here is what happens:

  • The Social Security office checks to see if you have worked long enough, and recently enough, to be covered.
  • They will determine if you are applying as a covered worker, spouse, widow or dependent.  If you are applying as a worker, you must have sufficient work history to be a "covered worker" (under Title II).
  • Your application will be sent to the Disability Determination Service (DDS) in Birmingham where an examiner will look at your medical records to see if you have an impairment severe enough to prevent you fromp performing any full-time work.
  • If you are under age 50, your medical condition must be so severe that you not able to perform ANY type of work, or you must meet one of the published Listings.
  • If you are age 50 or above, you must be unable to perform any of the jobs you have performed during the past 15 years.  There are some exceptions to this rule.
To answer the question "Who decides if I am disabled?" - the answer is:  the Social Security Administration does.  And it uses, among other things, medical evidence that they obtain from your doctors, hospitals and other treating providers.

 Having professional representation can help you get a favorable decision, especially at the appeal level.  Claimants with representation get paid more often than claimants who represent themselves.  If you are not an expert on Social Security disability, please consider hiring someone who is.  We offer free case evaluations.

 THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 08
Huntsville, AL 35806
PHONE (256) 799-0297

 Handling Veterans' and Non-Veteran's disability cases

GET HELP WITH YOUR DISABILITY CLAIM OR APPEAL 

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