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

Here is what the law requires Social Security to do in order to determine if you meet the definition of "disability" and qualify for benefits. 1)  Determine whether you are present working at "substantial gainful activty."  In 2014, this means earning at least $1,070 per month, gross. 2)  Find that you have one or more severe medically determinable impairments (other than drug or alcohol abuse).  A doctor's medical record is essential at this step. 3)   Find out whether your impairment is severe enough to meet a Listing.  If not, Social Security must determine your "residual functional capacity," which means the most you can do with regard to work related activity. 4)  Determine whether you can perform any of your past relevant work--which is usually the work you have performed at substantial gainful activity level during the past 15 years ( and did the work long enough to learn how to do it). 5)  If you cannot return to a...

To determine whether you are disabled, Social Security is required to use a five step process.  Step 4 asks if you can perform your past work.  If not, they move on to step 5, which asks, Can you perform any other work that exists in the US economy? That term "any other work" is so general that it includes literally millions of jobs to be considered.  Many of the "other work" jobs will be unskilled, requiring little education or training, perhaps not even the ability to read or write.  Another problem, many of those jobs will be at the sedentary exertion level, requiring no lifting over 10 pounds occasionally and the ability to stand for only 2 hours out of an 8 hour workday. If the vocational "expert" called to testify by Social Security says that you can perform 2 or 3 of these "other jobs," it gives the judge an option to deny your benefits.  This is called a Step 5 denial. There are several defenses to the Step 5 denial.  The first and...

Why Vocational 'Experts' at Your Disability Hearing Are a Farce.   When you walk into a Social Security disability hearing, there is nearly always a vocational witness called by Social Security to give testimony.  These vocational 'experts' are supposed to be neutral, even though they are paid by Social Security.  (It's a little like a die hard Auburn fan trying to be neutral at the Alabama-Auburn game.  Or an undertaker pretending to be sad at a $20,000 funeral).  The judge will ask the vocational witness two types of questions:  (1) to classify your past work with a skill level and an exertion level .  Skill levels are unskilled, semi-skilled, and skilled.  Exertion levels are sedentary, light, medium, heavy and very heavy .  (Exertion levels are based primarily on how much lifting, standing and walking the job involves).  (2) Are there any jobs in existence in the national, regional or local economy that the claimant can still p...

Veterans Disability Huntsville Website   There has been a lot of news lately about problems in the Veterans Administration (VA) and how it is not adequately serving the needs of all veterans, especially the disabled vets. What many veterans should know is that they don't have to depend solely on the VA for financial help.  Disabled veterans are also eligible to apply for Social Security disability benefits, which can pay up to $2,600 per month in cash benefits. Getting Social Security disability benefits will not reduce benefits from the VA.  Veterans who qualify can receive full VA benefits plus Social Security disability benefits. This is because veterans paid into the Social Security disability program during their years of active military service, and afterward.  They are covered by Social Security just as any other individual who paid into the program. In fact, starting in March 2014, Social Security provides an expedited decision making...

Medicare is a health insurance program for the elderly and disabled.  There are two ways in which an individual may qualify for Medicare coverage. The first way is by reaching age 65.  You are entitled to receive Medicare on the first day of the month of your 65th birthday.  You can receive reduced retirement benefits from Social Security as early as age 62 but this does not qualify for Medicare.   The second way to obtain Medicare is to be disabled prior to age 65.  Medicare will begin at the earliest of the following dates:  the date you become 65 years of age, OR 24 months after you qualify for Social Security disability payments. For example, if you were found to have first become disabled under Title II on February 15th, you would not receive payment for the first 5 full months, the waiting period.  Your first date eligible for payment would be August 1st.  24 months later you would become eligible for Medicare (assuming you did not tur...

In a Social Security disability hearing, we often get down to the 5th and final step of the sequential evaluation.  Does there exist any work that the claimant could perform, given his/her specific limitations?   If there is, the individual is not disabled under Social Security rules. Nearly always, the vocational expert present (called by Social Security) will find jobs that the claimant could perform.  One of those jobs that I find particularly irritating is "surveillance system monitor." It is an unskilled sedentary job with low requirements for reading and math.The expert will point out that it requires little or no walking, no lifting, and no bending. In fact, a person can sit down all day and do this job, or alternate betwen stand/sit as he wishes.  The job was last updated in the Dictionary of Occupational Titles (DOT) in 1986, 28 years ago!  So any information given by the vocational witness is out of date! The DOT actually refers to the job a...

advocate, (n) - someone who stands for another and pleads his case; someone who argues in favor of another's point of view, as an attorney or defense counselor A disability advocate is a trained professional capable of dealing with the US Government on behalf of disabled individuals who have applied, or wish to apply, for Social Security disability benefits. Why is an advocate needed?  First, because the laws and regulations regarding Social Security benefits are so massive and complex.  Social Security disability claims are governed partly by the Code of Federal Regulations, Part 404.  They are also governed by the Social Security Act itself, including dozens of amendments.  If your application does not meet the specific requirements established for disability, it will be denied.  70 percent of all disability applications filed in Alabama are denied by Social Security. Another reason you need an advocate is understanding the procedural order of t...