If you are unable to work and need Social Security Disability Insurance (SSDI) benefits, here are the basics for getting approved for benefits benefits in Alabama:
Age and Social Security status — You must be between the ages of 18 and 67 and not currently receiving regular Social Security retirement benefits. At age 67, SSD benefits automatically convert to regular Social Security benefits.
Employment history — You must have worked full-time and paid Social Security payroll taxes for at least five of the 10 years before your application is filed. If you were out of work for more than 60 months before applying, your insurance coverage may have lapsed. (Yes, Social Security disability is a type of insurance provided by the US Government).
Medical condition —A doctor must confirm that your medical problems force you to stop working for 12 months or longer. You must have seen a doctor to treat your condition within the year prior to your application or you must undergo a disability determination services (DDS) exam afterward.
Income level — If you can still work despite your medical condition, you must be unable to engage in “substantial gainful activity.” This is measured by a maximum level of monthly earnings, which is $1, 550 for non-blind individuals in 2024. (Changes annually).
The review process for SSD applications is quite arduous. The Social Security Administration (SSA) typically takes 5 to 10 months to review an application. The current average processing time for applications in Tennessee is 300 days; it is 400 days in Tennessee. There is also a mandatory five-month waiting period before payment of benefits can begin after the onset date of disability.
The SSA denies four out of five initial Tennessee disability applications — a significant number of them due to basic paperwork errors. Other denials relate to disputes over the severity of applicants’ medical conditions. Still others are based on failure to cooperate in the application process, failure to follow a doctor’s treatment plan or failure to provide information about monthly earnings.
If your claim is denied, you have 60 days to appeal. Your case then enters the "reconsideration" phase, at which an even smaller percentage of claims get approved.
If denied at "reconsideration," another appeal (within 60 days) carries you before a federal administrative law judge (ALJ) for a hearing. The hearing is your best chance to be approved (around 50/50).
As you can see, the Social Security disability process is long and difficult. It is governed by very struct rules and regulations. And the burden of proof is on the claimant. An experienced attorney/advocate, such as THE FORSYTHE FIRM may be of great assistance in getting your claim approved. We never charge a fee until you are approved and receive your past due benefits, sometimes called "back pay." Our consultation is always FREE. (256) 799-0297.
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