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...