SHOULD YOU APPLY FOR SOCIAL SECURITY DISABILITY? ANSWER THESE 4 QUESTIONS

SSDI, or Social Security disability insurance, may be available to help replace some of your income if you suffer a long-term disability that makes you unable to work.

Before deciding to apply for SSDI, here are some questions that you should find the answers to:

1. Have you worked enough, and recently enough, to have "insured status" with Social Security. Since it's based on payroll deductions or self-employment tax, non-workers may not be covered. Usually, a person needs to have worked at least 5 years out of the most recent 10 years. This can vary by age. Find out if you have enough work credits by calling your local Social Security office.

2. Are you now engaged in SGA: "Substantial Gainful Activity" (work)? If you are, you will not be eligible for SSDI. In 2022, you are working at SGA level if your gross earnings are at least $1,350 per month.

3. Will your severe medical condition keep you from working at least 12 straight months? You must meet this 12 month "duration requirement" to get SSDI benefits.

4. Is your disabling impairment "medically determinable"? In other words, has it been diagnosed by a qualified doctor or psychologist, and are there sufficient medical records to prove the duration and severity of your condition?

If you pass these 4 qualifications, you should immediately file for a Social Security disability benefit.

SSDI can be a long, difficult process. Delays are caused by logjams in the Social Security workloads, by design because Social Security wants to take their time and get all the information, and by the inefficiency of this government program. The government simply doesn't work fast.

Most people who tackle SSDI benefit applications or appeals get the help of an experienced attorney or advocate. About 7 out of 10 new applications will be denied, requiring an appeal. In the appeal process, 30 to 40 percent of claims will be denied by a judge. Attempting the appeal process unrepresented is a mistake. Once you are denied at a hearing it gets even harder to get benefits in the future.

There is no reason to be unrepresented. An attorney/advocate works for free--until you win your case and collect past due benefits. When benefits are awarded, Social Security will approve a small percentage of your back pay as an attorney's fee--and will pay your representative directly. If you don't recover any back pay, no fee will be approved and you won't owe your attorney any fee. There is never any upfront cost to you.

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Contact:

THE FORSYTHE FIRM - 7027 Old Madison Pike NW, Huntsville, AL 35806. Phone (256) 799-0297.