CAN YOU GET DISABILITY - ALABAMA?

Here are requirements for filing a Social Security disability claim.

• You have worked and earned enough work credits by paying FICA tax on your wages. This gives you "insured status" with Social Security.

• You are not currently working and are unable to work because of severe physical and/or mental impairment.

• Your severe impairment (a) has already lasted at least 12 straight months, (b) is medically expected to last at least 12 straight months, or (c) will end in death.

• You are unable to perform any of your past work.

• You are unable to perform any other types of work in the US economy.

In addition to the above, you must have recent and current medical treatment to establish a "medically determinable impairment." Your recent medical records must show a medical impairment that is verified by objective medical evidence. Note: "Recent medical treatment" means treatment which has occurred within the last 3 to 6 months. Hopefully, you are continuing to see your doctor(s) regularly and are following medical advice.

Be careful not to get sidetracked. It is unproductive to argue "Nobody will hire me," or "I can't find a job." Another very ineffective argument: "I don't have the skills, training or education to get a job." These are all employment problems, not disability problems. Social Security pays for inability to work, not inability to find work."

If you meet all of the above requirements, you can get disability benefits, right? Not necessarily. Just because you feel that you meet all of the above conditions doesn't mean that Social Security will accept it. In fact, Social Security reviews and then denies about 73 percent of all disability claims. It is extremely unlikely that your claim will be approved in the first stage of the process, a stage we call "the application stage."

In our experience, Social Security denies a large percentage of qualified claimants who are legally entitled to benefits. The answer to this problem is the appeals process. At least one-half of denied claims can be won in the appeals process, usually with a hearing before a federal judge further down the road. But you must appeal your denial within 60 days. Otherwise, you lose all appeal rights.

"Social Security pays for the inability to work, not the inability to find work."

____________

Charles W. Forsythe specializes in appeals and hearings before federal administrative law judges. Free consultations, and you never pay a fee until after you win your case and receive past due benefits. (256) 799-0297.