HUNTSVILLE DISABILITY GUIDE

The general answer to this question is, No.  A person may not receive Social Security disability benefits if he/she is currently working full-time. According to 20 Code of Federal Regulations 404.1520(b) , if an individual engages in Substantial Gainful Activity, she is not disabled regardless of how severe her physical or mental impairments are and regardless of her age, education or work experience. Social Security defines "substantial gainful activity" as activity that is substantial and gainful.  Work will generally be deemed SGA if it produces gross wages of at least $1,090 per month.   CAUTION:  It is the work , not the income that disqualifies.  Income from pensions, insurance, investments, etc. will not disqualify a person. Another question arises:  May I work part-time and receive Social Security disability benefits.  The answer here is not so clear cut.  The boundary line is still earning gross wages of at least $1,0...

Some important terms stand out in Social Security disability regulations.   Here is what they mean. Alleged Onset Date (AOD) .   This is the date the claimant alleges to have first become disabled.   If it becomes the Established Onset Date (EOD), meaning that the Social Security Administration agrees that the claimant did indeed become disabled on that date, benefits may be paid back to that date.   So the AOD/EOD affects how many months of back pay or past due benefits the claimant is entitled to receive. Waiting Period .   The waiting period for all Title 2 (regular disability) claims is 5 full calendar months.   This is really an elimination period.   5 months of benefits will be subtracted from the Established Onset Date.   For example, if you are found to have become disabled on March 15 th , your waiting period will include the months of April –August and your first benefit payment eligibility will be for the month of Septemb...

#1 - Obtain Help From a Disability Advocate or Attorney who knows the system and the process.  The majority of claimants whose claims are approved are assisted by a Social Security disability advocate or attorney with experience in filing federal disability claims or handling appeals.  What does this representation cost?  The answer:  Nothing unless you win and receive back payments.  Representation is available on a "pay only if you win" or contingency basis.  There is no risk.  You never pay a fee unless you win your claim and receive a past due award settlement (back pay). #2 - File your own claim and do your own paperwork and prep.  CAUTION:  Up to 75 percent of initial applications are denied and require an appeal.  Most of these claimants will end up getting professional help with the appeal.  You may want to consider getting professional help at the beginning.  In many cases, representation will cost you not...

Please see our listing for the Forsythe Firm by clicking the link below:  http://local.aarp.org/local-services/the-forsythe-firm-7027-old-madison-pike-108-madison.html  AARP Disability Advocates We assist persons of all ages in filing Social Security disability claims or with appeals of unfavorable decisions. Free consultations.  No fee unless you receive back pay. The Forsythe Firm is direct pay eligible with the Social Security Administration.  We are not connected with the Social Security Administration. The Forsythe Firm 7027 Old Madison Pike NW - Suite 108 Huntsville, AL 35806 "Across from Bridge Street"  PHONE (256) 799-0297   

IS OBJECTIVE MEDICAL EVIDENCE ENOUGH? In a criminal trial, the accused person walks into a courtroom under the presumption of innocence:  in short, he is not guilty of any crime until the state can prove guilt.  The defendant does not have to prove that he is innocent.  The state must prove that he is not. In a Social Security disability case, just the opposite is true.  The claimant is assumed not to be disabled until he can prove that he is. Social Security does not have to prove that the claimant is not disabled.  The claimant must prove that he is.  So, the burden of proof rests mostly upon the claimant, not upon Social Security. I have frequently tried to explain the importance of objective medical evidence in a Social Security disability case, especially at the appeal level.  Allow me to elaborate a little more on what I mean by the term objective medical evidence and how critical it is to the success of a disability claim. ...

Most Americans who have worked are covered by disability insurance under the US Social Security Act.  While we don't usually think of Social Security as insurance , that's exactly what it is.  It is called SSDI, or Social Security Disability Insurance.  Individuals who are currently covered are said to have "insured status."  It is paid for by FICA taxes deducted from each worker's pay and matched by the employer.  FICA stands for Federal Insurance Contribution Act, the method used by the US Government to pay for Social Security. Can You Qualify for Benefits? Federal disability benefits may be available if an individual has a severe, medically determinable impairment that prevents all full-time work and has lasted, for is expected to last, at least twelve consecutive months or end in death.   Burden of Proof The burden of proving disability under the rules rests upon the claimant.  Today, approximately 75 percent of individuals approved for...

Most Americans who have worked for any significant time are covered by federal disability insurance.  We don't usually think of Social Security as an insurance benefit but that's exactly what it is.  It is SSDI or Social Security Disability Insurance. Persons who are current insured have "insured status."  It is paid for by FICA taxes deducted from wages and matched by the employer.  FICA stands for Federal Insurance Contribution Act. Are You Eligible for Benefits? You may qualify for benefits if you have a severe medically determinable impairment that has lasted, for is expected to last, at least 12 consecutive months or end in death.  The impairment must be so severe that it prevents the ability to perform full-time work. Burden of Proof The burden of proving disability under the Act rests with the claimant.   Today approximately 75 percent of persons who are approved for federal disability benefits must appeal a denial and appear at a hearing....