STEPS USUALLY REQUIRED IN A SOCIAL SECURITY DISABILITY CLAIM

Here are the steps usually taken in the Social Security disability claims process, given here in order.

1.  File an application and supporting forms which allows the Social Security Administration (SSA) to review the case and make an initial decision.

2.  If the initial decision is not favorable, file the first appeal and ask for Reconsideration.  Here, the state agency that denied the original claim will review their own work to determine if an error was made.  In about 98 percent of cases, the claim will again be denied.

3.  File another appeal and ask for a hearing before an Administrative Law Judge (ALJ).  This is actually where the best odds exist for getting approved.

4.  If the hearing decision is unfavorable, you may file a third appeal to the Appeals Council in Falls Church, Virginia.  This is a paper review and has the following odds (national average):

• 85% are denied and the judge's decision stands.
• 13% are remanded; go back to the judge for a new hearing.
• 2% of decisions are vacated and benefits are awarded by the Appeals Council.

5.  If the Appeals Council review is not favorable, you may file a lawsuit in federal district court against the Commissioner of Social Security.  Only about one percent of cases ever reach this point.

6.  If the federal lawsuit is unfavorable, you may pursue appeals through the federal appellate courts and eventually to the US Supreme Court.  The Supreme Court hears one Social Security case about every 10 years, so not a very realistic option.

Claimants should be aware that the law sets very strict deadlines for filing appeals.  Usually, these deadlines are 60 days.  So, you must file an appeal within 60 days of any unfavorable decision or you lose the right to file, probably forever.

Have questions about a Social Security disability case?  We have answers.....free.  (256) 799-0297.

BASIC FACTORS IN A SOCIAL SECURITY DISABILITY CASE

Since no two disability cases are ever exactly alike, I caution people not to rely too much on what friends, neighbors or relatives tell them about such cases. 

I think similar caution must be used when reading about SSDI on the internet.  The information on the internet is usually accurate but most of it may not apply to you or your circumstances.  I talk to folks often who have reached very wrong conclusions from reading about Social Security on the internet. 

Your neighbor across the street may have gotten approved for disability benefits in 30 days with no problem at all.  But her situation may be totally different than yours.  And it is almost guaranteed that your experience with Social Security will not the same as hers.  (Different age, different illness, different past work history, different education, different judge...., etc.).

While all cases are different, there are some basic factors that help identify strong cases.

• The claimant has worked a long time and is covered by Social Security disability insurance (SSDI).
• There are adequate medical records to show a severe impairment that will last for at least 12 months.
• The claimant is currently under medical treatment and is compliant with the doctor's recommendations.
• A doctor will provide a treating source opinion.
• Age plays a big part.  Claimants age 50 and over have a better chance of being approved, though younger persons do get approved.
• Claimants whose past work has involved harder physical work (exertion) have a better chance than those who have worked sedentary (sit down) jobs.

Nobody can guarantee the outcome of the average SSDI claim.  However, an attorney/advocate who has practiced in the field for a long time can do a case evaluation and determine if a person meets the basic requirements for benefits.  At our firm, these evaluations are always free and without any obligation.

Reach us from anywhere in Alabama by calling (256) 799-0297.

DISABILITY QUESTIONS - ANSWERS

Here are answers to most of your questions about Social Security disability (SSDI) in 2019.  If you have other questions, call us.

1.  How much can SSDI pay if I'm disabled?

Answer:  The maximum benefit in 2019 is $2,866.  The average benefit is about $1,300 per month.

2.  Can I get a short-term benefit?

Answer:  No.  Social Security only pays for an impairment expected to last for at least 12 straight months.

3.  If I become disabled, can I get a benefit started quickly?

Answer:  No.  Unfortunately, it takes about 4 or 5 months to get a decision after you file an application.  Also, SSDI does not pay the first five months of a covered disability.

4.  What conditions qualify for Social Security disability benefits?

Answer:  Any condition that makes it impossible to work a full-time job can qualify if it has lasted or is expected to last for at least 12 straight months or to end in death.  Physical and/or mental impairments may qualify.

5.  Everyone in the United States is covered by Social Security disability, right?

Answer:  No.  SSDI is a program for workers.  Workers pay into Social Security through payroll deduction (FICA tax).  After accumulating the required quarters of coverage, a worker is insured for potential disability benefits.  Most people must have worked at least 5 years (20 quarters) out of the most recent 10 years (40 quarters).  So, if you have gone at least 5 years with no work, you may not be covered for SSDI benefits regardless of how sick you become. Very young workers have different rules for quarters of coverage.

6.  What are my odds of being approved just by filing an application?

Answer:  Based on the national averages, only about 28 percent of claims are paid at the application level.  Others must file an appeal and attend a hearing in order to be approved.

7.  If my doctor says I can't perform my past work, is this enough to get a benefit?

Answer:  Not usually.  Individuals under age 50 must not only be able to perform their recent or past work, but also must be unable to perform any other full-time job which exists in the national economy.  This includes inability to perform unskilled sedentary jobs (which are often minimum wage jobs).

8.  If my application is denied, how long should I expect the appeal process to last?

Answer:  No two cases are alike but most appeals take 12 to 24 months.  Claimants are not paid benefits during the appeal process but may recoup "past due benefits" if the claim is finally approved.

9.  Medical insurance is a big concern.  Do individuals on Social Security disability also get medical insurance?

Answer:  Yes.  Medicare insurance comes automatically with an SSDI award.  However, there is a 29 month waiting period for Medicare.  The waiting period begins with the date the claimant is found to have become disabled, regardless of when the decision is made.  For instance, if a person is found to have become disabled on January 1, 2017, Medicare coverage would begin June 1, 2019.  It doesn't matter when Social Security makes the decision.  The date disability began begins the waiting period.

10.  Do I need a lawyer to apply for benefits?

Answer:  No, not for most cases.  Most individuals simply go online or to the Social Security office and file.  There may be some very unusual or complicated situations where an attorney will be useful right from the start.  However, if your claim is denied and you have to go into the appeals process, an attorney is high recommended at that point.

11.  What if I can't afford to pay an attorney but feel that I need one to help me?

Answer:  You never need to pay an attorney upfront.  No legal fee can be charged until the claim has been decided in your favor and back pay has been awarded.  At that point, Social Security will deduct the approved attorney's fee and pay it directly on your behalf.  So, the attorney's fee comes at the end of a successful claim, not at the beginning..

If you have additional questions, please call us for a free consultation at (256) 799-0297.

SOCIAL SECURITY JUSTICE BEGINS HERE

Serving all of Alabama with compassionate and dedicated representation in disability cases

HOW MUCH CAN SOCIAL SECURITY DISABILITY PAY?

$2,861 per month is the 2019 maximum benefit from Social Security disability (SSDI).

Your actual benefit may be less and will be based on your age, your earnings history and other factors.

One thing is sure, however.  Social Security remains the best financial safety net for Alabamians who become unable to work due to a medical impairment.

Getting a benefit started involves filing an application, then usually filing at least two appeals.  This is because the government will deny the first two steps in the process.

Social Security will not pay the first 5 months of a disability under Title II.  This is called the waiting period.  

Back pay may be available, however, for individuals who have to wait a long time to get their claims processed.  So, Social Security may "catch up" payments that were missed or delayed during the application or appeal process.

If you need help collecting Social Security disability, we invite you to contact us for a free consultation.  You do not pay us any fee until you receive a check from Social Security.  

Our advocates work for you, not for the government, and are conveniently located right here in north Alabama.  Call (256) 799-0297.