SOME PEOPLE WHO CANNOT GET SOCIAL SECURITY DISABILITY

My office receives dozens of calls each week from individuals wanting to get Social Security Disability benefits (SSDI). We certainly try to help deserving claimants get through the maze of red tape and regulations and get their benefits. However, there is a large percentage of individuals who simply cannot qualify for SSDI benefits because they don't meet the basic rules and regulations. Here are a few examples:

Haven't worked long enough (or recently enough) and paid into Social Security. These individuals do not have "insured status" and there is no benefit available. SSDI only covers insured workers who have worked and made FICA withholding contributions for the required number of quarters--and within the required time period. What is your "Date Last Insured" or DLI?

Do not have a severe medical or mental impairment that has lasted at least 12 straight months, is expected to last 12 straight months,. OR is expected to end in death. Social Security has no short term disability program. If your condition will not last at least 12 consecutive months (and keep you off work for that long), there are no benefits. This is the "duration requirement."

An individual cannot do their usual work but can perform some other work. If you have a very physically demanding job you may become unable to perform that work. But, can you perform some other work that is less physically demanding? If so, Social Security will find that you are not disabled under their rules. This is especially true for persons under age 50.

There is a drug or alcohol addiction but no other severe impairment. The law specifically prohibits awarding SSDI benefits to individuals who have drug or alcohol addictions but no other qualifying impairments. The question is: Is there some other impairment that would you keep you from working besides a drug or alcohol addiction. If there is not, the individual will not be approved for a benefit. Examples: A claimant with only a drug addiction and nothing else will be denied. However, a claimant with an addiction and also severe heart problems might be approved.

Has stopped working for reason other than a physical or mental impairment. SSDI does not pay for anything besides the inability to work based on a severe mental and/or physical impairment. Here are some things that are NOT paid for under the Social Security Act:

1. Staying home to care for a sick child or other family member.

2. Transportation problems: "I have no transportation to get to work," or "I don't drive."

3. Lack of training or job skills: "No one will hire me." This is not a disability.

4. No local jobs. "All the jobs I could get are outside my area." Social Security uses a national labor database, not a local one. Jobs from any geographic location can get you denied.

5. There is no medical evidence to prove a "medically determinable impairment." You must have objective evidence from your doctor to support you allegation of disability. A doctor's letter saying, "This patient can't work, or this patient is disabled" will not meet with approval.

The advocates at the Forsythe Firm will look for ways to get your claim approved. Yet, we must face the reality that Social Security has very well defined criteria about who qualifies and who does not. Not everyone can meet the definition of disability under Social Security's rules and regulations. We are always glad to provide a free consultation and case evaluation.

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The Forsythe Firm, 7027 Old Madison Pike NW, Huntsville, AL 35806. "Across from Bridge Street." Call (256) 799-0297.