Skip to main content

SOCIAL SECURITY DISABILITY - ALABLAMA - STATE SPECIFIC INFORMATION

The Social Security disability process has been streamlined in Alabama.  You no longer have to go from denial to reconsideration.  You can skip reconsideration and ask for a hearing before an administrative law judge.  This has cut about 4 months off the appeal process, compared to the 40 other states that still use reconsideration.  However, the appeal process is still long (about a year on average).

The initial decision on your Social Security disability claim is made by an Alabama state agency called the Disability Determination Service (DDS).  DDS is under contract with Social Security but is manned by state employees, not federal employees.  They deny just over 70 percent of all disability applications that they review.

Most denials are what we call "Step 5" denials.  DDS will often find that the claimant cannot perform any past relevant work (Step 4).  The final step, or Step 5 is this:  Is there ANY OTHER work that exists in the local, national or regional economy that the claimant could perform?  DDS will usually find that while the claimant cannot perform any past relevant work, he or she can perform other work.

Sometimes the "other work" proposed will be absolutely ridiculous.  For instance, a recent denial said that the claimant could work as a worm catcher, an egg breaker or a security surveillance system monitor.

These jobs are taken from the Dictionary of Occupational Titles that was first published during the Great Depression to let people know what jobs existed in different parts of the country.  It is no longer published.  It was last revised in 1991. So data in the DOT is at least 22 years old.  Obviously, it is not a reliable guide to how many jobs exist or where.  But it is, unfortunately, what Social Security uses as a standard.

How do you combat a system as outdated and extinct as that?  First, you appeal your denial as soon as you get it.  (By law you have 60 days to request a hearing). This kicks the case out of the state DDS system and into a special unit of the Social Security Administration known as ODAR, the Office of Disability Adjudication and Review.  A trained attorney will review your case file.  If he or she cannot approve it, the case will be scheduled for hearing before an administrative law judge.  Your odds a better here.

Second, let me be frank.  The hearing is not a cake walk.  It is a legal proceeding that requires very strict evidence be submitted from the right sources.  Otherwise, it will also result in a denial. (The national average for hearing awards has fallen over the past 2 years from 64 percent to 48 percent).  The best way to present correct evidence is to be represented professionally.

You can represent yourself.  Of course, you can also represent yourself in a divorce case, a bankruptcy, or a murder trial.  That's not advisable, but there is no law against bad judgment.  Representing yourself at a disability hearing is equally bad judgment, in my opinion.  Get someone who knows how to win your hearing.  You pay nothing if you don't win.  And if you do win, you pay only a percentage of your back pay, which the judge must approve in advance of the payment.

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