DISABILITY BENEFIT RECOVERY

By the Forsythe Firm in Huntsville (256) 799-0297 and Nashville (615) 732-6159. Representing the disabled - recovering benefits  www.ForsytheFirm.com     www.DisabilityNashville.com _________________________ SSDI .  Social Security Disability Insurance (SSDI)  is the regular Social Security disability program for insured workers, often called Title II.  By paying FICA taxes withheld from your payroll (and matched by your employer), you become covered by disability insurance from Social Security.  Generally, if you have worked 5 out of the past 10 years, you are covered by Social Security disability insurance and should file a Title 2 claim--often simply called "Social Security disability insurance" or SSDI.  As stated, it is also called Title 2 (II). The amount of your monthly benefit under Title II will be based on your age and average earnings in the past.  The maximum for a non-blind individual in 2014 is $2,642 per mont...

Here are questions we often receive about Social Security disability for mental disorders: May I receive Social Security benefits for a mental condition?  Yes.  If the condition is severe enough to prevent full-time, consistent work, you may be approved for benefits.  You will need the same basic type of proof that would be required for a physical illness. Do I have to be in a hospital or institution to get disability benefits?    No. The requirement is that you are unable to perform consistent, full-time work because of your impairment.  You need not be hospitalized. Does getting disability benefits for a mental condition imply that I am "crazy" or "dangerous"?  No, not at all.  The old stigmas about mental disease have pretty much been eliminated by medical science.  We now see these conditions as an illness.  However, they can be just as disabling as a physical illness. Will I be degraded, put down, or made to feel ashamed ...

The Social Security Administration has long been known for attempting to terminate disability benefits to beneficiaries (those who have been approved for benefits).   In 1984 President Reagan signed the Social Security Disability Benefits Reform Act of 1984.  This law placed two important protections in place for disability benefit receipients: (1)  There must be significant medical improvement before benefits may be terminated; and (2)  the beneficiary must now be able to engage in substantial gainful activity (work). A "Continuing Disability Review" (CDR) is a process whereby Social Security reviews an individual who is receiving disability benefits to determine whether the benefits should now be terminated.  Most individuals who are under age 50 can expect a CDR about every 3 years.  However, due to lack of funding, Social Security has not been able to conduct as many CDRs as they were supposed to.  Congress has fixed that now by allocat...

An individual is eligible to receive Social Security disability benefits when the person is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."  42 U.S.C.A.  Section 423(d)(1)(A). The claimant must "...not be able to do his previous work, but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him or whether he would be hired if he applied for work."  42 U.S.C.A.  Section 423(d)(2)(A). If your Social Security disability claim is denied and you appear before a US Administrative Law Judge (ALJ), the regulations stipulate a 5 step proc...