Alabama Social Security Disability Guide - by The Forsythe Firm - (256) 799-0297.

Posted by:  The Forsythe Firm, Social Security Disability Advocates A question we often get is, "Will alcoholism qualify me for Social Security disability benefits?" Or, "Will alcoholism disqualify me for Social Security disability benefits?" The answer to both questions is, No. A person may not qualify for Social Security disability merely on the basis of alcoholism or other substance abuse.  On the other hand, a person  who is otherwise eligible should not necessarily be disqualified merely on the basis of alcoholism or substance abuse. The definitive legal ruling on that is found in 20 CFR §404.1535:  "The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol."  That determines whether substance abuse is material to the disability or not. So an individual can

It seems everyone is loading up to take aim at the integrity of the Social Security disability program.  Senate investigations into Social Security are nothing new but usually they are held by the Senate Finance Committee.  NOSSCR's Social Security Forum reports in their September 2012 edition that on September 13 2012, the Permanent Subcommittee on Investigations of the Senate Committee on Homeland Security and Government Affairs held a 3 hour hearing on the quality of favorable disability decisions handed down by Administrative Law Judges.  Here is what disturbs me about this "investigation": The Senate subcommittee "investigated" only favorable decisions.  This reinforces the idea that Social Security's main focus is not making sure that everyone who deserves Social Security disability gets it; the main focus is making sure that nobody gets Social Security disability that isn't supposed to. Rarely, if ever, does a government committ

Under 20 CFR 404.1805, Social Security says:  "As soon as possible after we have made a determination or decision that you are entitled to benefits, we certify to the Secretary of the Treasury, who is the Managing Trustee of the Trust Funds--your name and address...the amount of the payment(s) to be made and...the time at which the payment(s) should be made in accordance with 404.1807." In reality, if often takes up to 60 days after a decision has been made for the claimant to receive the first check from the US Treasury.  I have seen checks arrive in less than 30 days - but 60 days is more realistic. Monthly payments are assigned a due date based on the day of the month on which the insured claimant was born.  While there are exceptions, here are the usual payment due dates for Social Security benefits: DAY OF THE MONTH YOU WERE BORN                 PAYMENT DUE DATE 1st - 10th                                                    Second Wednesday of each month 11th - 2

Social Security uses a 5-step sequential process to determine whether you are disabled.  Those 5 steps are governed by rules and regulations (thousands of them).  The point is, we know what is required at each step.  Therefore, we should know how to prepare for each step to get a favorable decision.  That's what I mean by "rational disability decisions." The crucial steps are steps 4 and 5, I believe.  At step 4 you must prove that you cannot do any of your past relevant work.  That's any of the work you performed during the past 15 year period.  The work is "relevant" if you performed it at "substantial gainful activity," and if you did it long enough to know how to perform the work. At step 5, Social Security must show that there is "other work" which you could do.  Notice the burden of proof shifts in step 5 and SSA carries the burden.  You do not have to show that there is no work you can do, SSA has to show that there is work you

Being denied for Social Security disability is the rule, not the exception.  The latest Alabama statistics show that 74.9 percent of all initial applications will be rejected at the first level.  The reason is that the review of a disability application on the first level is rather mechanical.  A disability specialist, who is not a doctor, compares your medical file with the "disability handbook."  And very few applications will meet a listing for disability.  All kinds of things can go wrong in this approach: The medical evidence may not be complete.  All it takes sometimes is for one doctor to fail to send in your file. The medical evidence may not be legible.  I get medical records all the time that neither I or anyone on my staff can read. The medical records usually do not give the vocational implications of your condition:  they will not say that you are limited to lifting 10 pounds, sitting for 1 hour at a time, or standing for only 10 minutes at a time.  That may

Earlier IN 2012, the US Social Security Administration told US administrative law judges (ALJs) that they cannot use the internet to investigate disability claimants.  Senator Thomas Coburn (R-OK) responded by saying this ban removes a valuable tool to investigate fraudulent applications for disability benefits. Sen. Coburn used this example, which I have paraphrased.  Suppose an ALJ looks up an applicant on Facebook.  There he finds pictures and discussion of the applicant playing sports or participating in his bowling league.  If the applicant has claimed severe back problems on his application, his credibility is suddenly called into question. I caution my clients to stay off of Facebook and the social media and I believe that is still very good advice.  It remains probably the first place investigators look when trying to deny benefits (including disability claims with private insurance companies). Use common sense but don't become paranoid.  For example, it's normally