SOCIAL SECURITY DISABILITY: GETTING APPROVED IN ALABAMA

 Alabama is a "prototype state" for disability.  This means if your disability claim is denied you may go directly to the hearing process, skipping the "Reconsideration" process that is required in the 40 other states.  This can save the claimant 3 or 4 months.  Below are the major considerations in an Alabama Social Security disability claim, according to the Forsythe Firm in Huntsville.
  • Insured Status.  You must first be covered under Social Security disability or Title II insurance.  This coverage is obtained by working and paying FICA taxes through payroll deduction.
  • Severity.  You must have a medically determinable impairment that presents symptoms severe enough to prevent you from working, or symptoms which significantly interfere with your ability to work.
  • Duration.  Your impairment must last or be expected to last a minimum of 12 consecutive months, or to end in death.
  • Burden of Proof.  The claimant must prove that he/she is not able to work because of a severe medical impairment.  You must be unable to return to previous relevant work or to perform any other work.  Proving this will usually require both objective and opinion medical evidence.
  • Probability of Denial.  In Alabama, just over 70 percent of Social Security disability claims are denied after a review of the initial application.  Then, the case must be appealed.  The claimant will end up in a hearing before a federal official called an administrative law judge (alj).  The ALJ can give you a favorable decision if your evidence supports your claim.  Caution:  In 2013, national award rates at the hearing level averaged about 48 percent. Because award rates are falling and the hearings are difficult and complex, I advise professional help.
THE FORSYTHE FIRM
Phone (256) 799-0297 or (256) 431-1599




www.Get-SS.com

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