DISABILITY BASICS IN ALABAMA - WHAT ARE REQUIREMENTS? PROCESS?

Let's begin with requirements to qualify for Social Security disability in Alabama:

BASIC REQUIREMENTS

• You have worked enough to be covered by SSDI.  For most people, you have worked 5 out of the past 10 years.  Younger people have different standards.
• You are not presently working at "substantial gainful activity" (SGA) level.  In 2014, you are not earning at least $1,070 per month before tax or withholding.
• You have a significant medical impairment (physical or mental) which has lasted or is expected to last at least 12 consecutive months.  (Social Security has no "short term" disability).  This impairment must be medically determinable, that is, can be found and treated by a doctor of medicine, psychologist, etc.  (You do NOT have to be off work 12 months before you file a claim; your condition is expected to last that long).
•  Social Security determines that you cannot perform any of your past relevant work (work you have performed within the past 15 years) because of your impairment(s).
• Social Security determines that there is no other work that exists in the national, regional or local economy that you could do even with your impairment(s).

PROCEDURE

1.  Apply for benefits at a Social Security office or online at www.socialsecurity.gov.  (Your representative can help you apply or apply for you).

2.  A state agency called the Disability Determination Agency (DDS) in Birmingham will look at your medical records, vocational history, etc. and decide whether you meet Social Security's rules for disability.  70 percent of applications will be denied, stating simply, "You do not meet Social Security's rules for disability."

3.  Appeal your denial by requesting a hearing before a US Administrative Law Judge (ALJ).  It will take at least 12 months to get this hearing due to a backlog in cases.  Use this time to prepare for your hearing.

4.  Appear at a hearing before the ALJ.  This ALJ is not bound by any previous decision, will hear all your evidence, including any new evidence, and make a new decision.  In Alabama about 48 percent of hearings result in awards.  You will not only face a judge but also a vocational expert at the hearing.  If the vocational expert testifies that there are "other jobs" in the US economy that you can still perform (if you could find one), you will be denied.  In the next paragraph I want to explain why this testimony about "other work" is hazardous to the outcome of your disability hearing.  Here goes:

I have a client who is a mechanical engineer, masters degree with 6 years of college.  He has worked at highly skilled employment for 22 years designing electrical circuits.  This work required traveling to various sites and a great deal of walking.  He often had to lift up 25-30 pounds.  He developed back trouble and had to have 3 fusions of his lumbar spine.  His doctor limited him to no prolonged standing or walking, no bending and lifting less than 20 pounds.  He cannot perform his work as mechanical engineer.  Is he disabled?

No, not under Social Security rules.  At this hearing, the vocational expert testified that, even with his limitations, he can still perform a full range of sedentary work.  Some examples of jobs that were offered include:  parking lot attendant, bench assembly, table work or surveillance system monitor.

Unless the claimant knew how to challenge the vocational expert's testimony, using methods acceptable to the administrative law judge, he would have lost his case.  A qualified lawyer or other representative would know how to challenge the witness's conclusions and possibly save the day.

I've gone into this detail to say to the individual expecting to file a Social Security disability claim:  it isn't easy, it isn't automatic, it is a legal fight.  Take someone with you who knows how to fight the fight.