GETTING DISABILITY: IMPORTANT STEPS

Here are some of the critical steps or "milestones" in getting approved for Social Security disability benefits in Alabama:

 APPLICATION - File an application (with many related forms and questionnaires) online, at a Social Security office, or through your attorney or representative.  It takes about 4 months to get an initial decision.  Don't skimp on the information you provide.  Fill out all the lengthy forms and questionnaires in detail, leaving nothing blank.

APPEAL:   If you are unfortunate enough to fall into the 70 percent who get denied, this is disappointing but not unusual.  You have 60 days (and 60 days only) to ask for a hearing (appeal).  You do not have to get ready for the hearing within 60 days but you must ask for the hearing within 60 days or your claim dies and cannot be appealed later.

HEARING:  A special judge called an Administrative Law Judge (ALJ) will schedule a personal hearing in which you and your representative will appear.  Note:  It often takes more than 12 months to get this hearing scheduled.  When you do finally appear for this hearing, there are 5 important sequential considerations.  You must "pass" each step before moving on to the next step or the next consideration.  If you "fail" any step, the hearing stops at that point.

  1. First consideration:  Are you currently working at substantial gainful activity?  If so, you are not now eligible for disability benefits.
  2. Second, do you have a severe and medically determinable (provable) condition which has lasted, or is expected to last 12 consecutive months--or to end in death?  If not, you are not eligible for disability benefits.
  3. Third Consideration:  Do you meet the severity of one of the Social Security "Listings"?  Most claimants do not meet a listing but this doesn't mean you can't qualify for benefits.  Failure to meet a Listing requires now a consideration of your residual functional capacity (RFC), i.e., what is the most you are able to sustain in terms of work related activities?
  4. Consideration 4:  Can you perform any of your past relevant work?  That is, can you do any of the jobs you have performed in the past 15 years prior to the hearing?
  5. Final consideration:  Is there any other work that exists in the national economy that you would be able to sustain?  In other words, could you still perform a lighter, easier job than the ones you used to do?  This will be a critical determination for claimants who filed for disability before reaching their 50th birthday--because of the medical-vocational rules. 
I might also point out that you will need to defend your alleged onset date (AOD), i.e., the date on which you first claim to have become disabled.  The AOD will  help to determine how much back pay, if any, you are able to receive.  

The following persons usually participate in Social Security disability hearings:  The claimant, his or her representative, the Administrative Law Judge, a hearing reporter and a vocational expert (called by Social Security to provide testimony about job related matters). There are no spectators in the hearing.

 

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