WHO CAN GET DISABILITY BENEFITS?

Social Security disability benefits are available to individuals with severe, medically determinable physical or mental impairments.  There are no particular diseases or impairments that you must have to qualify.  You must be unable to work for at least 12 months, or have a condition that is expected to end in death.  You also need to be below the full retirement age.

How will Social Security determine if you are disabled?   You will begin by filing a detailed application and several questionnaires.  Social Security may send you to see one of their consulting doctors for an examination (not all claimants get examined).  A decision usually takes 3 to 4 months.

What percentage of claims are approved?  At the application level, slightly less than 30 percent of all claims filed in Alabama were approved in 2012.  Yes, there is a 70 percent denial rate.

What hope do I have of ever receiving benefits?  You have 60 days to appeal a denied claim without losing benefits (or money).   While the appeal process can take a year or longer, it produces full benefits in a majority of cases.  You odds of getting full benefits, including back pay, during an appeal are increased if you have adequate representation at the hearing.

How much will representation cost?  Fees are regulated by Social Security.  A representative may only charge a fee if your case is won and if back pay is collected.  If you do not win, or do not receive any back pay, you cannot be charged any fee.  Consultations, case evaluations, preparing the appeal, etc. are free unless the case wins and back pay applies.

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