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HOW TO APPEAL A DENIED DISABILITY CLAIM

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 b...

APPLYING FOR SOCIAL SECURITY DISABIITY: HOW TO MAKE THE FORMS WORK FOR YOU

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 ...

DIFFERENCE BETWEEN A STEP 4 AND STEP 5 DENIAL

Social Security uses a mandatory five step process to decide if a claimant is disabled under their rules.  We often hear the terms "Step 4 denial" or "Step 5 denial."  What do these terms mean? A step 4 denial means that Social Security has determined that the claimant can perform the work activity of his or her past relevant work.  Past relevant work is work that you performed during the most recent 15 year period prior to filing your disability claim.  For example, if you worked as a welder, carpenter or electrical supply sales representative - and if you maintain the physical and mental abilities to perform any one of those past jobs, you will be found disabled at step 4. Step 5 is used when you cannot perform any of your past relevant work.  let's assume that Social Security finds that you are not able to perform the work of welder, carpenter or electrical supply sales representative, which were your 3 past jobs.  Now, they must ask, "Is there any o...

YOUR REPRESENTATIVE HAS NEVER SEEN A HEARING BEFORE!

Individuals headed for a Social Security disability hearing often ask, "Can I represent myself at the hearing?" A better question would be:  "Do I want to be the only person in the hearing who has never attended a Social Security hearing before?" The federal administrative law judge has attended thousands of hearings and is a tough, well trained pro.   The vocational expert has probably attended thousands of hearings and is also a well trained pro. There also could be a medical expert or doctor called to give testimony, also a highly trained pro, who has testified at many hearings.  If you, as the claimant, are the only person in the room who has absolutely no experience with Social Security hearings, think about the disadvantage it places on you.  What will you do if (and these are only a few examples of what can happen)...... The judge asks if you object to any evidence in your medical file? The vocational expert testifies that you can perform your...

NEED SOCIAL SECURITY DISABIITY IN HUNTSVILLE

If you live in Huntsville or Madison County, Social Security disability claims begin at the local Social Security office on Research Drive NW in Huntsville.  However, they do not stay there long. Within a couple of weeks, the claim will be transferred to the Disability Determination Service (DDS) in Birmingham.  It is DDS that will make the first decision concerning whether you are eligible for disability benefits or not.  Sadly, about 72 percent of the time, they will deny benefits. If you appeal that decision, and you certainly should, your claim will move again.  It will probably end up at the Office of Disability Adjudication and Appeal (ODAR) in Florence, AL where an administrative law judge will be assigned to your claim for a future hearing (about 11 months away). The ODAR office in Florence now has about 6,000 claims under appeal.  That's why it will take at least 11 months to get a hearing. Below are some brief things to keep in mind if you are he...

THE BIG HOUSE WITH THE MONEY IS HEAVILY GUARDED

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Imagine it this way.  There is a huge structure with high walls and barred windows.  There is a razor wire fence to keep out intruders and armed guards are posted outside the building. Inside there are hundreds of millions of dollars stacked neatly in heaps of crisp, fresh $100 bills. There are officials present but they will only release a few of those $100 bills each month and only to those who have gained the right to them. Nearly one million people come to the gate of the big house every year, hoping for some survival money.  Seven out of ten get turned away and leave  empty handed.  Some come back next month to try again but many do not. Of course, I am using my imagination to picture the big house as the US Social Security Administration.  While it is not literally piled high with $100 bills, of course, hundreds of thousands of persons do go there hoping to get a payment to sustain their lives with food, utilities, medical treatment - ...

SOCIAL SECURITY OFFICE EXPAND HOURS IN MARCH

Social Security will expand its office hours nationwide effective March 16, 2015 . Local "field" offices will be open to the public for an additional hour on Mondays, Tuesdays, Thursdays and Fridays; they will be open from 9:00 a.m. until 4:00 p.m on those days.  (Offices have been closing at 3:00 PM for quite some time). Offices will continue to close to the public at noon every Wednesday so employees have time to complete current work and reduce backlogs. Most Social Security offices have serious backlogs.  The Congress needs to adequately fund Social Security so these offices can serve the millions of people who depend on them.  In recent years, Social Security has not received adequate funding for operating expenses, including salaries to keep offices open during normal business hours for a government office.  This needs to change.