WHO QUALIFIES FOR SOCIAL SECURITY DISABILITY?

In Alabama, about 54 percent of claimants who apply for Social Security Disability Insurance (SSDI) benefits will eventually be approved and paid. This process, however, usually involves months of appeals, though a small percentage of claimants are paid on the initial application.

Here Is How You May Qualify for SSDI Benefits

• You must have worked recently enough, and long enough, to have the required quarters of work coverage. For most adults, this requires that you have worked at least 5 years out of the most recent 10-year period.

• You must not currently be working at Substantial Gainful Activity (SGA)--a Social Security term that means you have a substantial job. You are at SGA level if your 2025 gross earnings are at least $1,620 per month. (This only applies to work related wages).

• You must have a severe medical and/or mental impairment that is long term: it is long term if it meets one of these requjirements

  • It has lasted for at least 12 straightmonths

  • It is expected to last for at least 12 straight months.

  • Or it is expected to end in death.

• You must not have reached your Full Retirement Age, which for most individuals is around age 67. If you have reached Full Retirement Age, you may qualify for retirement benefits, but not disability.

Social Security will largely base their decision on your medical records obtained from your doctors, clinics or other providers. They will consider how your impairments restrict your ability to perform full-time work. For claimants under age 50, you must show that you can't perform ANY job which exists in significant numbers in the US economy. The rules are a bit different for individuals age 50 or above.

WHAT DOES A DISABILITY LAWYER OR ADVOCATE DO?

A disability advocate, who may or may not be a lawyer, is your representative with the Social Security Administration. He/she will help you gather evidence to prove your claim, file any appeals needed, answer questions and direct your claim or appeals through the long, complicated process. You are not required to have an advocate but you must understand that nobody at Social Security can act as your advocate. In other words, they will not "fight" to get you approved. The US Government did a study on the effect of having an advocate in Social Security disability cases. The Government Accountability Office (an agency of the US Congress) found that claimants are almost 3 times more likely to be approved if they use a qualified disability representative/advocate.

If you need a free consultation about your potential Social Security disability claim, please contact

Charles W. Forsythe at The Forsythe Firm

Huntsville, AL

PH (256) 503-8151

Serving Alabama, TN, Missippi and other States