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

If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why? Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity).

The following chart shows Social Security disability award (approval) rates at various stages of review:    Award rates are down at all levels.  Here is how awards by administrative law judges (hearings) have taken a free fall since 2010.  Award rates by year: 2010    62% 2011    58% 2012    53% 2013    48% 2014    45% 2015    42%* No one knows why the award rates bottomed out or if the free fall is over.  The usual suspects are Congressional pressure an d hostile / untruthful media coverage. ---------------- 2015 rates are estimated.  

There is an ever-growing movement among national politicians to severely cut Social Security benefits.  And the people you might expect to keep their finger in the dike are stuffing dynamite under the dam! Like Senator Richard Shelby (R-AL.) who said that raising the Social Security retirement age to 70 or 72 "would be a positive thing" because being are living longer and being more productive.  Age 65 has always been the traditional "full retirement age" for Social Security.  Ten years ago, the age was raised from 1 to 3 years by Congress.  Now, they want to raise it again.   Alarmists, like Senator Shelby, overstate the problem.  With no changes, Social Security retirement will pay full benefits until 2037 and close to full benefits (once inflation is accounted for) for decades after that. Minor changes — including adjusting the rate of benefit growth for the richest beneficiaries and modest tax increases — can ensure full solvency for the program for the

The media lies constantly about the Social Security disability program.  I expect the media to lie; however, it is making it difficult for disabled Americans go get benefits.  Here are some of the worst lies the media is telling us.     Social Security benefits are responsible for the growing national deficit. The truth:  Social Security benefits are not included in the national budget.  Social Security is a self-financing program.  Benefits are not allocated by Congress and not included in the national budget.  Social Security benefits are funded by FICA taxes paid by workers, deducted from their pay checks and matched by their employers.  These premiums go into a special fund and benefits are paid out of the fund.  There is one fund for disability benefits and a separate fund for retirement benefits.  There is no provision for the government to pay benefits if these funds become unable to do so. People are using Social Security disability benefits to replace unemplo

The Forsythe Firm in Huntsville, AL is offering free, no obligation evaluations of Social Security disability claims.  We will evaluate your claim before you file, recommend the best approach and tell you the strengths and weaknesses of your claim.  Every claim is different. Factors that must be considered in any claims analysis include: Your age Your education Your past work history and experience Your medical conditions - both physical and mental How much medical treatment you have received and are now receiving?  Do you meet a Listed Impairment (not required)?  Can you qualify for a Compassionate Allowance and faster approval?  Are you a disabled veteran? How does a free case evaluation work?  First, we will speak with you on the telephone and take some basic information.  Next, we will probably set up a free office consultation at our Huntsville Office (near Bridge Street).  We will review your medical and job information and help you make a decision whether y

Ever wonder what your chances are of getting approved for Social Security disability benefits in Alabama?  Here what the law of averages say: At the initial application level the Disability Determination Service approves 29.7 percent of all disability claims in Alabama (denying 70.1 percent). At the hearing level, administrative law judges in Alabama approved about 42 percent of all claims that come before them at hearings. These numbers tell you several things: You mustn't be too disappointed if your application is denied.  It's common. You will probably have to appeal and go to a hearing to get approved. You most likely will need some professional help to get approved. If you research Social Security disability on the internet, you will come across a term called "Reconsideration."  This process is not longer used in Alabama, however.  Reconsideration is used in 40 states and it requires the Disability Determination Service to re-examine a denied claim t

At the request of Senator Jeff Sessions (R-AL) , the Congressional Budget Office issued a report on July 16 (2012)  titled "Policy Options for the Social Security Disability Program." One section concerns approaches to "fundamental changes" in the Social Security Disability Insurance Program (SSDI).  The CBO report takes note of the tremendous growth of the disability program since 1970. What is troubling to me is that politicians are looking at "fundamental changes" in SSDI in light of projected budgetary shortfalls and a recent barrage of media reports concerning the Social Security disability program, some of which contained false, misleading or inaccurate information. 3 of the specific options presented in the CBO report are especially troubling: Change the benefit formula Change the eligibility rules Change the waiting period from 5 months to 12 months In my view, implementation of either one of those 3 options could seriously g

The federal regulations reserve Social Security disability benefits to individuals who an prove disability with objective medical evidence.  Generally, you must be able to provide medical records from doctors, psychologists, clinics, hospitals or other acceptable medical professionals that show....... the existence of impairments the severity of impairments the duration of impairments (how long symptoms have lasted) There are two types of medical evidence.  Objective medical evidence may include imaging studies, laboratory reports, EKG, and comprehensive examinations by a qualified doctor.  Subjective medical evidence refers to opinions of professionals who have viewed the objective evidence and given a professional opinion concerning your symptoms, diseases or injuries. It isn't enough for a claimant to allege back pain, for instance.  It isn't enough for a doctor to make a note in her chart that the patient has complained of back pain.  Most helpful would

The federal regulations reserve Social Security disability benefits to individuals who an prove disability with objective medical evidence.  Generally, you must be able to provide medical records from doctors, psychologists, clinics, hospitals or other acceptable medical professionals that show....... the existence of impairments the severity of impairments the duration of impairments (how long symptoms have lasted) There are two types of medical evidence.  Objective medical evidence may include imaging studies, laboratory reports, EKG, and comprehensive examinations by a qualified doctor.  Subjective medical evidence refers to opinions of professionals who have viewed the objective evidence and given a professional opinion concerning the your symptoms, diseases or injuries. It isn't enough for a claimant to allege back pain, for instance.  It isn't enough for a doctor to make a note in her chart that the patient has complained of back pain.  Most helpful would be an

If you are a disabled veteran with a 70 percent or higher VA disability rating, there is an excellent chance you may also qualify for Social Security disability benefits.  The Social Security process is totally separate from the VA process, however a high VA disability rating only helps your Social Security claim. Because of the similarity between a VA finding of unemployability and what it means to be disabled under the Social Security disability program, it is the rule in many federal circuit courts that VA disability ratings are entitled to “great weight.” (See McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002); Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Brady v. Heckler, 724 F.2d 914, 921 (11th Cir. 1984); and De Loatche v. Heckler, 715 F.2d 148, 150 n.1 (4th Cir. 1983).) And one circuit court said that VA disability ratings were entitled to “substantial weight.” (Kane v. Heckler, 776 F.2d 1130, 1135 (3d Cir. 1985).) In addition, Social Security Ruling 0

In Social Security disability cases, decision makers will often deny a claim on the supposition that the claimant can still perform unskilled, sedentary work.  Examples of such unskilled sedentary work might be a surveillance system monitor, or a document preparer. All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting. The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskilled work and will, therefore, justify a finding of disability. Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis."  A sustained basis mean