Skip to main content

SUCCESSFUL DISABILITY APPLICATIONS

A successful disability application has several vital components.  An application should not be quickly "thrown together," for it is a complicated process, especially if it is to have a chance to be successful.  Here are some points to consider for a successful Social Security disability application in Alabama:
  • Severity Requirement.  You must show that your illness or impairment is severe.  You also must prove that it results in more than moderate restrictions of function. 
  • Duration Requirement.  You must demonstrate that your severe impairment has lasted--or is expected to last 12 consecutive months or more - OR that it is expected to end in death (terminal).
  • Insured Status.  It will be necessary to have insured status under Title II disability insurance.  This requires a sufficient work history to have accumulated the required "quarters of coverage."
  • Medical Support.  Your claim should be supported by both objective medical evidence (records) and medical opinion evidence.  Opinion evidence is in addition to the usual medical records.
  • Vocational Requirements.  A claimant must demonstrate that he/she cannot (a) perform any past relevant work, that is, work performed during the most recent 15 year period, and (b) that he/she cannot perform any other work in the national, regional or local economy. This will require a super-detailed explanation of all past relevant work.
  • Knowledge of Social Security Rules and Regulations.  Social Security disability is governed by specific rules found in parts 1-99 of the Code of Federal Regulations, Section 404 and by the  Hearings, Appeals and Litigation Law Manual (HALLEX). In addition, procedural requirements are specified in the Program Operations Manuals System (POMS).  These are thousands of pages of specific legal information that are unfamiliar to most persons.  A knowledge of these rules and regulations can be of vast importance and add to the success of your disability claim.
  • Appeal Process.  In 70 percent of disability cases in Alabama, it will be necessary to appeal the initial decision.  This process requires a knowledge of the rules and regulations specified in the above paragraph.
In short, a successful application for Social Security disability benefits is a very involved process.  That's why most people (about 80 percent) choose to be represented professionally in the appeal process.  Most judges will delay a hearing to advise the claimant of their right to be represented and will wait to give the claimant time to find a representative.
IMPORTANT:  Under Social Security law, you cannot be charged a fee for representation until you win your disability claim.  All work must be performed on the contingency of winning before a fee is due.
THE FORSYTHE FIRM - Social Security Disability Representatives
CALL (256) 431-1599 or (256) 799-0297
You Can Get a Free Case Evaluation - Click Here - See Homepage









Keywords: successful social security disability al
0 Comments
Home | Blog | Community Forums | Privacy Policy | Terms of Service | Support | Answers | Advertise with Us | Developers | Expert Articl

Comments

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare food or meals? 

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  The average SSDI benefit is arou