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

"I need help.  I've filed for Social Security disability months ago.  How can I survive until my case gets settled?" This is a good question.  If you are disabled, not working and have little or no income--survival is the question.  It may take months or years for Social Security to decide your case.  What can you do.  Here are some sources of help you may want to consider: FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  http://www.needymeds.org/free_clinics.taf?_function=list&state=al UTILITY BILLS OR OTHER NEEDS: ...

"Lawmakers in the Congress are convinced that Social Security is awarding too many disability benefits.  They are pushing the agency to deny, deny, deny and are changing rules to make getting disability benefits harder and harder." The media is also fueling the fire with reports about Social Security that are misleading, and in many cases, just outright wrong. A good example is an April 2017 article in the Washington Post which asserts that as many as one-third of working-age adults in rural communities are living on monthly disability checks."  The truth is that data supposedly used by the Post to demonstrate this "fact" simply does not exist. Here is what I think we can expect in the months and years ahead:  Congress will pressure Social Security into new rules that make it more and more difficult to receive disability payments.  You will continue to pay into the federal disability program with less and less realistic hope of getting a benefit if you be...

Conditions like PTSD, Major Depressive Disorder, Bipolar, Migraine Headaches, Depression and Chronic Fatigue are sometimes called "invisible diseases."  There are no objective medical tests that prove the existence of these conditions.  Moreover, it is very difficult to medically determine their severity. Social Security judges and decision makers are becoming increasingly more skeptical of awarding disability benefits to claimants based on these conditions.  This is especially true in claimants under the age of 50. If you base a disability claim on these issues, you are going to need big time evidence to prevail.  Here are some things that judges and adjudicators will look for: a long history of treatment by mental health professionals, including a psychiatrist or licensed psychologist.  Seeing a counselor, nurse practitioner or even a family doctor probably won't be sufficient.  a prolonged history of treatment with several prescription drugs, take...

"Back pay" accumulates while you wait on Social Security to approve your claim.  Here's what's important: 1.  You must prove that you are disabled according to Social Security's rules.  They have their own rules about disability, and it's these rules that you must use to prove your case. 2.  Back pay depends on your "onset date," that is, the date your disability commenced.  In most cases, benefits can be paid back to your onset date.  Incidentally, the onset date can be earlier than the application date. The earlier the onset date, the more back pay you can receive. Social Security may argue that you are not disabled.  They may also argue that you did not become disabled when you claim you did.  It is necessary to use medical evidence to prove both all aspects of your case, including your eligibility for back payments. Let me use an example. If you allege that you first became disabled on March 1, 2013 (your "alleged onset date...

Social Security has many "levels" within its system.  Getting on the right level is critical for success. Here's the best example.  Many people get denied when they file for disability benefits.  They turn around and file a new application, which is also denied.  I've met people who have filed as many as 5 Social Security disability claims--denied one right behind the other.  They are repeating a failed process on the same level, over and over.  It isn't going to work. They should move up to the next level and file and appeal.  The Social Security system is like a ladder.  Rung one is the application.  Rung two is the hearing (appeal).  Rung three is the appeal to the Appeals Council.  Rung four is a lawsuit in Federal District Court, etc.  Where is the greatest chance of success?  The best chance of success is at "rung 2," a hearing with an administrative law judge.  This is where a majority of disabilit...

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 ( See definition below)* 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). Definition of "Residual Functional Capacity' (RFC):  This is the maximum amount of work related activity that the claimant can do:  sitting, standing, walking, pushing/pulling, lifting, bending, etc.  T he RFC is key to getting a favorable d...

By law, Social Security must use a sequential five-step process in determining if you are disabled and eligible for an SSDI or SSI benefit.  Here is that five-step process. 1.  Are you now working?  Social Security takes the view that if you are engaged in "substantial gainful activity" (SGA), such as a full-time job, you are not legally disabled.  The process ends at Step 1 if you are now working at SGA.  Definition:  "Substantial gainful activity means earning at least $1,070 per month in gross wages, tips, commissions or self-employment income (2017). 2.  Do you have at least one severe medically determinable impairment?  Definition:  A n impairment or combination of impairments is considered "severe" if it significantly limits an individual's physical or mental abilities to do basic work activities. 3.  Does the claimant meet one of the Listings?  Definition:  The Listings may be seen at  https://www.ssa.gov/d...

New rules by Social Security have clouded the issue of which doctor's opinions get controlling weight.  However, we continue to believe that the opinion of your treating doctor(s) will be very important to the outcome of your claim, especially at the appeal level. For all clients that we represent in Social Security matters, we try to obtain a Medical Source Statement.  The statement is most helpful if it is from.... a doctor who has treated you a long time a specialist in his/her medical field The new rule can actually work in favor of the claimant who doesn't have a long term treating relationship with a doctor.  A thorough examination by a new doctor may convince Social Security of a disability and enable a claim to be paid. You should talk to your representative to arrange for a treating source statement from your doctor, if possible.  I would repeat my precaution once again that a form approved by Social Security will be of much more value than a ge...

Social Security uses an obsolete publication to identify jobs. These jobs can be used to deny disability claims and they are used this way on a daily basis.   The publication that Social Security decision makers must use is The Dictionary of Occupational Titles (DOT) , first published in the 1930s and last updated in 1993.  The DOT describes 12,569 jobs.  Many of them are from a bygone era -but they are still in the DOT.    Here are just a few of the ridiculous jobs that are still listed.   The DOT code number s are given, to prove this is no joke. Horse Identifier   DOT Code 153.387-010 Horse and Wagon Driver  919.664-010 Butter Melter   523 . 585-010 Animal Impersonator   159.047-018 Bucket Chucker   664.685-014 Belly Roller   583.685-094 Side Splitter   525 . 684-018 Worm Picker   413 . 687-010 Egg Smeller   521.687-042 Bowling Ball Weigher   732.487-...

The "Step One Rule" basically guarantees that a person cannot be approved for SSDI benefits while still working.  You must stop working before applying for Social Security disability. The very first consideration Social Security must make is:  "Is the claimant now working at substantial gainful activity?"  If the answer is yes, a technical denial is called for.  In other words, the claim stops dead in its tracks. What does it mean to be working at substantial gainful activity ?  Social Security defines that as earning at least $1,170 per month in gross wages or self-employment income.  A person who earns below this amount may apply and still be considered.  Earnings of $1,170 per month or more will be disqualifying, no matter your age or medical condition. Let me be clear that this is NOT a limitation on income .  It is a limitation on earned income or wages.  It is really a limitation on working .  Social Security does not allow a...

Under 20 CFR 404.1527, Social Security approves certain medical providers as "acceptable medical sources."  These providers can supply medical evidence to Social Security.  Unaccepted medical sources are not given a great deal of weight by Social Security decision makers. The problem is that a lot of people now get their primary medical care from a Family Nurse Practitioner (FNP), not from a medical doctor (MD).  This can cause a problem when the patient tries to file a claim for Social Security disability.  They suddenly find that the nurse practitioner is not recognized by Social Security as an acceptable medical source. Nurse practitioners are required to have a supervising doctor.  We recommend if you see a nurse practitioner regularly, you try to occasionally be seen by the supervising doctor.  Also, any forms filled out by the nurse practitioner should also be signed by the MD if they are going to be used as Social Security evidence. You will ru...

SSI stands for Supplemental Security Income.  It is a program administered by the US Social Security program.  It is based on financial need, not on whether you worked and paid into Social Security. Persons who have never worked may receive SSI benefits if they.... 1.  Are age 65 or over and meet the financial need guidelines, or 2.  Are disabled prior to age 65 and meet the financial need requirements. HOW IS SSI DIFFERENT FROM SSDI ? SSDI (Social Security Disability Insurance) requires a work history and requires payment into the Social Security trust fund.  These payments are called FICA taxes and are most often paid by payroll deductions.  SSI does not require any work or payment of FICA. The monthly benefit for SSI is usually lower than for SSDI.  The maximum federal benefit for SSI in 2017 is only $735 per month for an individual, and $1,102 for a couple.  The SSDI benefit is often higher. As I have stated, SSI is based on fina...