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

The Disability Determination Service (DDS) is located in Birmingham, AL.  This is a state run agency contracted by Social Security to examine disability claims and make the initial decision as to whether a claimant meets the rules for disability benefits.  Here are some of the things DDS typically does with a new claim: Order records from doctors and other medical providers Analyze medical records to determine what conditions/impairments you have Schedule any medical exams that they feel you need Obtain your past work history and classify your past relevant jobs Determine what your Residual Functional Capacity (RFC) is Decide whether you are eligible for benefits under Social Security rules Deny a majority of claims that they review (About two-thirds of all claims) Here is why the DDS will usually deny your disability application (first step): DDS will decide that there is other work you are able to sustain, even if you cannot do any of your past relevant work.  (Step

AOD - The Alleged Onset Date is the date the claimant alleges that he or she first became disabled.  This date is a mere allegation or claim until it is proven and accepted by a Social Security decision maker.  The AOD may be changed by a decision maker, such as an administrative law judge, if he or she feels that the evidence does not support the alleged onset date. EOD - The Established Onset Date is the date a Social Security decision maker accepts or "establishes" as the actual date the disabling impairment first began. The date the disability began can be a "moving target" until the decision maker decides the EOD.  Once the EOD has been established by medical evidence, the claim ant may be able to receive disability benefits back to that date (depending on the dat e of application). Who determines the Alleged Onset Date (AOD)?  The answer is, the claimant or the claimant's representative chooses the AOD.  It may be based on events such as a heart att

Here are things that individuals need to consider as they think about Social Security disability while they are still working: First, there is no disability benefit available from Social Security if you are working and earning more than $1,090 per month. You must have stopped working to apply--or at least be earning less than $1,090 per month if working part-time. Second, Social Security does not pay a benefit for the first full 5 months of disability.  At a minimum, you must be prepared for at least 6 months of no income after you stop working.  Getting approved within 6 months is, honestly, pretty much of a miracle.  It often takes much longer. Third, not being able to perform your past work is not enough, in most cases, to qualify for Social Security disability benefits.  If you are under age 50, Social Security will look at your ability to perform other work, including jobs that are unskilled, sedentary and simple, routine jobs.  For example, they may find that y

You attended a hearing on your Social Security disability claim.  A few weeks later, you receive a Notice of Decision in the mail that says you have received a Partially Favorable decision.  Does this mean that you are only partially disabled, not fully disabled? ANSWER:  No.  Social Security does not make awards for partial disability.  You are either disabled or not disabled.  There is no such category as "partially disabled" within Social Security law. A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date--the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did not become disabled until September 1,

You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and paying FICA taxes.  Most adults need 20 quarters of work to be covered.  These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim.  Very young individuals might need less than 20 quarters of work. Your Disabling Condition Must Last At Least 12 Months.  Short term disability lasting less than 12 consecutive months is not covered by Social Security.  You must have an impairment that has lasted, or can be reasonably expected to last at least 12 months. You Cann

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your favor. If a vet receives Social Security disability benefits, will it reduce the VA

If you recently were the subject of a Social Security disability hearing, the judge and the vocational expert probably used the term SVP a great deal.  What is SVP and what does it have to do with a disability case? SVP stands for "Specific Vocational Preparation" and refers to the time required for a person to gain the average skills needed to perform a particular job. In other words, how much vocational training is required to learn a particular job? The higher the number assigned to the SVP, the longer it takes to learn the job.  The SVP discussion is most pertinent at Step 5 of the disability consideration:  Are there jobs in the US economy that the claimant could perform, given his/her age, education, past work history and residual functional capacity?  The vocational expert will often respond with examples of jobs that fit a certain set of hypothetical conditions and will give the SVP required to perform the work.  A job with an SVP of 1 or 2 are considered unskille

The US Social Security Administration* administers two disability programs that are in some ways similar and in other ways very different. I.  Social Security Disabiilty (SSDI) - Also Called Title 2. Requires a work history to be covered or "insured."  (A minimum number of quarters of work are needed to be covered or "insured"). Requires a medical finding of disability to receive benefits 2015 maximum individual benefit is $2,663 per month. Your benefit is based on your lifetime average earnings before you became disabled). No means testing.  You do not have to have low income to receive benefits. Has a 5 month waiting period (No benefits payable during first 5 months of disability) Financed by FICA taxes withheld from workers' pay and matched by their employers.   II.  Supplemental Security Income (SSI) - Also Called Title XVI. Requires no work history to be covered - No minimum quarters of work needed. Requires a medical finding of disability t

A majority of Alabama's workers are covered by federal disability benefits administered by the US Social Security Administration (SSA).*  To receive benefits, a person must prove that he/she is no longer able to work at substantial gainful activity.  Here are the basic requirements. 1)  You must not presently be engaged in substantial gainful activity (full-time work). 2)  You must have a severe and medically determinable impairment. 3)  The impairment must have lasted, or be expected to last, for at least 12 consecutive months or end in death. In general terms, you must prove that you are unable to perform any of your past relevant work (PRW), i.e., work you have done within the past fifteen years.  Unless you are age 50 or over, or meet a Listing, or meet one of the medical-vocational guidelines, you will also need to prove that you cannot perform any other work which exists in substantial numbers in the national economy.  Proving that you have a severe impairment (number 2

New applications for Social Security disability are assembled by a local Social Security office, then forwarded to the Disability Determination Service (DDS) for a decision.  The DDS is a state agency operating under contract with Social Security.  DDS will make the initial medical decision as to whether a claimant meets the rules to receive disability or SSI payments. Approximately 30 percent of applicants will be approved for benefits at this level while about 70 percent will be denied.  Upon denial, the claimant has 60 days to appeal by asking for a request for a hearing before a US administrative law judge.  That request must be made in writing. The chances of being approved at the hearing are better because the claimant can be represented, can answer the judge's questions about his/her disability, can provide witnesses to testify and may submit additional medical evidence.  Also, the vocational witness that testifies for Social Security may be questioned or examined by the c

The general answer to this question is, No.  A person may not receive Social Security disability benefits if he/she is currently working full-time. According to 20 Code of Federal Regulations 404.1520(b) , if an individual engages in Substantial Gainful Activity, she is not disabled regardless of how severe her physical or mental impairments are and regardless of her age, education or work experience. Social Security defines "substantial gainful activity" as activity that is substantial and gainful.  Work will generally be deemed SGA if it produces gross wages of at least $1,090 per month. Caution:  It is the work , not the income that disqualifies.  Income from pensions, insurance, investments, etc. will not disqualify a person. Another question arises:  May I work part-time and receive Social Security disability benefits.  The answer here is not so clear cut.  The boundary line is still earning gross wages of at least $1,090 per month.  It is possible

We live in an age of specialization.  Professionals are focused on just one area of expertise.  This focus can serve clients well. At the Forsythe Firm we are focused on the area of Social Security disability.  In fact, it's all we do.  We represent claimants who are disabled and need long-term disability benefits.  This may involve helping them file an initial application for benefits, taking them through the reconsideration process (in Tennessee or other states)--or representing them in a hearing before an administrative law judge or other appeal. Our firm is large enough to serve you, yet small enough to get to know you as an individual.  We are a local firm with our office right here in Huntsville.  One of our principal advocate-partners also maintains an office in the Nashville area to serve our middle Tennessee clients. Our first responsibility is to evaluate each individual's needs and determine how we can best help to meet those needs.  We are proud of the fact th

Redstone Arsenal in Huntsville is home to a large population of veterans.  Our firm works with many veterans who in the process of getting a medical discharge, or who are already discharged from the army and have disability ratings from the Veterans Administration. These veterans are often qualified for additional benefits from Social Security.  Here is a quick check list of facts about Social Security and wounded warriors (veterans): You may receive full VA benefits and Social Security benefits at the same time. Social Security benefits are not automatic; you must apply separately. Your disability does not have to be service related to get Social Security benefits. Social Security may deny disability benefits, even to qualified veterans. An immediate appeal is the best way to protect your rights if denied. Receiving SSDI benefits will not reduce your VA benefit or vice versa . You may receive SSDI benefits even while you are still on active duty and while you are receiving m

My office gets dozens of calls each week from individuals trying to reach the local Social Security office by telephone.  Unfortunately, this can be difficult because you can't find the correct telephone number or you don't know how to navigate the automated answering system at the local Social Security office. To help, I have tried to provide basic information here that will help you call the local Social Security offices in Huntsville or Decatur and actually speak to someone. Social Security Operating Hours:  Monday - Friday from 9:00 AM to 3:00 PM.  Not open weekends or any federal holiday. Social Security Office Telephone Numbers:   All offices use regional toll free numbers. Huntsville, AL local office    (866) 593-0665 Decatur, AL local office              (888) 289-9185 Florence, AL local office             (855) 884-3407 How to Navigate the Automated Answering System at Social Security's local office: All phone calls are answered by an autom

Most claimants who are approved for Social Security disability benefits also receive back pay--paid in a lump sum--in addition to their monthly benefits.  Back pay depends on 2 things:  date of the application for benefits and date the disability began  You are permitted to collect retroactive benefits that you qualified for prior to filing your application.  You can collect benefits back to the date you became disabled.  However, the regulations limit these retroactive benefits to 12 months prior to the application date, even if you actually became disabled years earlier.  You are also entitled to add the 5 month waiting period, for a total maximum retroactive payment of 17 months. Back payments are different.  Back payments allow you to recover one month of benefits for each month after you filed your application, up to the month Social Security finally pays your benefit.  Back payments are in addition to retroactive benefits and there is no limit on how many months of back pa

SSDI stands for Social Security Disability Insurance.  When you first began working, the Government deducted a percentage of your wages, called a FICA tax.  This continued as long as you worked, in most cases.  This money was set aside in a government trust fund to help you if you later became disabled and could not work. SSDI is a type of insurance program, usually called "Social Security disability."  To get benefits out of SSDI, you must prove  that you have a medical disability so severe that you cannot work any full-time job; that this disability has lasted, or is expected to last, for at least 12 consecutive months. That sounds simple but Social Security has made it rather difficult to prove that you are disabled.  One reason is that their definition of 'disability' is so strict.  You usually must prove that you cannot perform even simple, unskilled work at the sedentary (sitting) level.  On top of that, the application process is somewhat lengthy and may

Many people are amazed by what is not covered by the Social Security Act and, therefore, do not qualify for disability payments.  Here are some examples: You were laid off and have looked everywhere for work but can't find a job. The type of jobs you were trained for no longer exist or have moved out of the USA. There are no jobs open in your field in the state of Alabama. You can't get a job that pays above minimum wage and you can't live on that. You can't get or renew a license to continue doing your present work. You can no longer pass the physical exam to keep your present job. While it might seem that those are perfectly good reasons for not working, the above problems are simply not medical disabilities :  they are unemployment problems.  The fact that no jobs exist, no jobs are open in your area or state, or you can't renew a license (such as a commercial drivers license) are not covered by Social Security. The last item, not being able to pass a

Starting federal disability payments first requires a medical determination that you are disabled.  This is accomplished by filing an application for Social Security disability under Title 2 of the Social Security Act.  A state agency known as the Disability Determination Service will examine your application to determine if you meet the requirements for disability. Here is a brief checklist of things you need to know as you consider filing for disability: Are you currently working?  If you are now earning at least $1,090 per month before taxes or withholding, you are engaged in substantial gainful activity and are not eligible for federal disability benefits. Are you covered by Title 2 disability insurance, also called SSDI (Social Security Disability Insurance)?  Unless you are a very young individual, you generally would need to have worked at least 5 years out of the most recent 10 year period. You can find out if you are covered by calling Social Security at 1-800-772-1213.

Fraud prevention seems to be Social Security's new top priority.  In November 2014, the Social Security Administration set up a new division called the Office of Anti-Fraud Programs (OAFP) .  The OAFP works closely with the Inspector General (the investigative and prosecution office) to combat fraud and waste.  Congress has allocated billions of dollars to the anti-fraud campaign. Acting Commissioner of Social Security, Calvin Colvin, said her office will take a stern stand against anyone found to be trying to abuse or defraud the system.  Ms. Colvin said:     “We will find you; we will prosecute you; we will seek the maximum punishment allowable under the law; and we will fight to restore to the American public the money you’ve stolen from the American people.”  There continues to be a backlog of over 1 million disability cases waiting to be heard, and over a million claimants have been waiting 3 years or longer to get their benefits.  Social Security doe

I read an article written by a poorly informed reporter about how many people are on Social Security disability down in Hale County.  This reporter seemed to have the idea that a certain Dr. Timberlake down in Hale County was signing up people left and right for disability benefits.  The impression was that since there are few jobs in Hale County outside of manufacturing and farming, people with back pain can't do those jobs; therefore, the doctor finds that they are disabled.   As I said, the writer of this article was poorly informed.   Let me quote from the federal regulations which govern how Social Security treats opinions furnished by doctors:   We will not give any special significance to the source of an opinion on issues reserved to the Commissioner described in paragraphs (d)(1) and (d)(2) of this section.  (20 CFR 404.1527(2)(d) ). If you read the entire section of 20 CFR 404.1527, you will see that decisions about who is disabled and who is not disabled belon

The attorney who represents you for Social Security benefits cannot charge you a fee unless your case is favorably decided and results in past due benefits.  Also, the government will set the maximum fee that is allowed. Each fee must be approved by Social Security individually.  It is against the law to charge more fee than Social Security approves.  The attorney often waits 18 to 24 months to get paid.  Now, let's try this same arrangement on your medical doctor. Doc, I will pay you a fee - but only if I completely recover.  If your treatment doesn't totally cure me, I owe you nothing.  The maximum fee you can charge to treat me has been set by law.  A group of attorneys will review and approve your fee to be sure you don't charge me too much. You have to fill out several pages of complicated forms to get your fee approved. You won't get paid by most of your patients.  However, you will eventually collect some fee from about 40 percent of all the patien

At Social Security hearings, the judge must determine whether there are any jobs available in the US economy that the claimant might be able to perform considering his age, education, past relevant work experience and residual functional capacity.  To make this determination the judge will obtain testimony from a "vocational expert." The other day, when we came down to step 5, the judge asked the vocational expert for a list of jobs that my client might be able to perform.  I thought I had heard all the unlikely jobs--silverware wrapper, worm catcher, egg breaker, surveillance system monitor...  But on this day, the expert jolted me with a job I'd never heard of before:  Sack mender. Sure enough, looking at the Dictionary of Occupational Titles (DOT) , the job exists--or at least it once existed.  The DOT Code is 782.687-046.  Alternate job titles are bag patcher and sack rapairer .  It's listed as a sedentary job with an Specific Vocational Preparation (SVP) o

The Forsythe Firm is an experienced advocate for Social Security disability claims. The Forsythe Firm specializes in Social Security disability and practices in no other area. The Forsythe Firm will help prepare your application and supporting forms for you. The Forsythe Firm never charges a fee unless you win and recover back pay. The Forsythe Firm is a locally owned and operated professional firm. The Forsythe Firm has a good track record of winning disability claims. The Forsythe Firm is conveniently located across from the Bridge Street Center. The Forsythe Firm will appeal any unfavorable decisions and go with you to hearings. The Forsythe Firm receives approved fees by direct payment from Social Security* The Forsythe Firm charges you no upfront fees, deposits or expenses. To make an appointment for a free consultation, case evaluation, or just to get questions answered about a disability claim, please contact us without cost or obligation. C

Doctors can be mean when it comes to helping their patients prove that they are disabled. Usually, this is a time saving decision or the doctor misunderstands his role in the disability decision-making process. Most doctors will provide medical records, a bare minimum necessity.  However, medical records alone are not enough to prove disability because they don't address any functional limitation. My firm will usually ask the client's doctor to provide a professional opinion about functional limitations, using such forms as HA-1151-bk.  If the doctor will complete this form it is often an enormous help in proving the disability claim. We never ask a doctor to state that the patient is disabled.  That decision is reserved to the Commissioner of Social Security.  We do ask the doctor for certain medical opinions based on treatment history, examinations, imaging studies, laboratory reports, prognosis, etc.   What can you do if your doctor will not complete an

Here is an example of a person who was disabled but did not qualify for any Social Security disability benefit: Ann was in a bad automobile wreck on July 4th and broke her right arm, fractured bones in her shoulder and herniated a disc in her neck.  She spent 10 days in the hospital where orthopedic surgeons repaired the cervical disc and shoulder.  She wore a cast on her arm for an additional 6 weeks.  Ann went to physical therapy 3 days per week for 4 months after leaving the hospital.  Her doctor did not release her to go back to work until May 1 of the following year. After such a serious injury and after being unable to work for almost 11 months, why would Ann not be eligible for Social Security disability during the time she had to be off work? The answer is, because of the duration requirement .   Under Social Security Rule SSR 85-52, unless your impairment is expected to end in death, it must last or be expected to last for 12 consecutive months before the duration requ

Social Security uses a pretty basic definition of disability.  In very general terms, you are disabled if you are unable to perform any full-time work activity on a persistent basis because of a medically determinable impairment and this condition has lasted or is expected to last for 12 consecutive months or more. Some of the particular questions I would explore with a potential disability claimant would include:   Are you able to work 8 hours a day, 5 days a week, persistently--week in and week out? Are you able to perform a job up to 2 hours at a time without a break? How many days per month would be have to be absent for medical reasons? Are you able to concentrate or pay attention well enough to do work activities up to 2 hours at a time and 8 hours per day? Do you have to lie down at unpredictable intervals during an 8 hour day? Do you have pain levels that often interfere with your ability to work full-time? Are you taking medications that make you groggy, drowsy or ot

Many times a person hasn't worked long enough, or hasn't worked recently enough to be eligible for Title II disability benefits under his or her own work record.  Another venue to check would be widow's benefits. Reduced retirement benefits may be available to widows at age 60.  Disability benefits may be available at age 50. Basic requirements for widow's disability benefits are: You were married to the worker for at least 10 years. Your disability began before or within 7 years of the worker's death. You are at least 50 years of age. You meet the same definition of disability as would be required of a worker. Survivor's benefits may be available at any age if you take care of the deceased worker's child who is under the age of 16 OR the child is disabled and receives a benefit under the deceased worker's record. Remarriage after age 50 does not affect disability benefits.  Remarriage after age 60 will not affect retirement benefits. You must go

The Social Security Act provides benefits for long term disability.  It does not provide benefits for unemployment or the inability to get a job.   Here are some examples of employment problems which have nothing to do with disability or Social Security:  Nobody will hire me. My job skills are ancient. The economy has tanked. The jobs I used to do have now moved to Mexico or overseas. The jobs I could once do are now done by machines. There are no jobs in my field (or in my hometown, etc.) The above problems have nothing to do with Social Security and will never result in a Social Security benefit.  They are not disability issues, they are unrelated employment issues.  It is better to focus on how much you can lift, how long you can sit, difficulty paying attention, the need for frequent breaks, pain levels, etc. We need to focus on why you are disabled, not why you can't get a job. See more information about Social Security disabiity. "I must focus on w

HOW AN ADVOCATE MAY HELP YOU WIN SOCIAL SECURITY DISABILITY CLAIMS An advocate is a trained person that you appoint to represent you before the US Social Security Administration.  The advocate will be the only person besides yourself at the hearing who is totally dedicated to getting your disability benefits approved. Here is how a professional advocate or representative can help you: Screen your application to be sure it is complete, accurate and compelling.   We find that many disability applications are denied on some technical point or simply because of an error in the application forms. Develop a legal theory of your case that can be approved.  Winning a Social Security disability case is technical and must have the weight of legal persuasion behind it.  A winning legal theory simply means that somebody points out chapter and verse of the rules, regulations or laws that support your claim.  This may involve Listings, Medical-Vocational Guidelines, Social Secur

Unfortunately, about 75% of Social Security disability claims filed in Alabama this year will be denied.  Often, these denials are mistakes that can be corrected.  This post will discuss how to get an erroneous denial corrected and recover benefits. In Alabama, you have 60 days after you receive your denial letter to request a hearing.  This is also called "an appeal."  It is a request for a hearing before a US administrative law judge (ALJ).  These judges work for Social Security at a special division called ODAR - the Office of Disability Adjudication and Review.  The ODAR office is also commonly called "a hearing office." You may file a request for hearing using Form SSA-501, available from the Social Security office.  You may also simply write a letter addressed to your local Social Security office with your name, address and Social Security number (SSN) stating that you disagree with the decision and request a hearing.  The request must be sent within 60 da

When you apply for Social Security disability (SSDI) benefits, you will have to complete an application form and a Disability Report.  After you submit your application, the Disability Determination Service will mail you some additional forms to complete.  These additional forms will nearly always include the following: FUNCTION REPORT (ADULT) - Purpose:  to give Social Security an idea of your level of function around your home and in your daily life.  Can you bathe, dress, cook, care for pets, etc.?  Can you drive?  Do you have limitations in following directions, remembering things, shopping, handling a checkbook, etc.?  It is very important to take your time and answer each question in the Function Report carefully, thoughtfully and accurately.  Do not rush through the form thinking it is just a waste of time.  Every answer is important and may be used to either approve or deny your claim. WORK HISTORY REPORT:  Purpose:  to help Social Security classify each of your past jobs a