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We usually think of Social Security Disability Insurance (SSDI) as a federal program.  But, as currently practiced, it is a joint program involving both the state and federal governments. Each of the 50 states has an office to process and make initial decisions on disability claims, whether SSDI or SSI.  These offices are generally called "the state agency," and will have official names like "The Disability Determination Service."  In Alabama, this agency is located in Birmingham. While your case is at the "state" or "agency" level, your medical records will be ordered and interpreted.  Someone will go over your past work record to analyze your past jobs for the most recent 15-year period.  Then, the state agency will make a determination whether or not you meet the rules for a disability benefit. This "application stage" usually takes 4 to 5 months. If you are approved, you will receive a letter stating that you qualify for disability ...

Most disability cases will wind up before a judge, just as a matter of routine.  It's not an exception, it's the rule.  In our practice, only about 1 case in 15 gets approved without a hearing, and I think that is about average with everyone these days. So, what will a judge look at, and what will it take to convince the judge that you qualify for a benefit (payment)? 1.  What Will the Judge Look At? A judge will look first at the technical issues of the case, to be that it fits the legal requirements of a Social Security disability claim. Does the claimant have insured status and when does it expire? Does the claimant have a severe condition that has lasted at least 12 consecutive months, is expected to last at least 12 straight months OR is expected to end in death? Is the alleged onset date (AOD) within the insured period for SSDI? 2.  Does the Claimant Meet Social Security's Definition of "Disabled"? There are many different definitions of "disability....

You may have heard it said that the 3 most important factors in a disability claim are age, age and age.  Why is being 50 or older so important? Because the rules change at age 50, that's why. Starting at age 50, the medical-vocational guidelines (grid rules) often make it easier to be approved.  Besides age, the rules will also consider:  education, past relevant work, transferable skills, and residual functional capacity. If the combined factors (listed above) line up, the grid rules may direct a finding that you are disabled and eligible for benefits. But the grid rules are moving targets.  If just ONE factor is against you, it may not work. So, you need age, education, past relevant work, transferable skills and residual functional capacity going for you. Who Determines Residual Functional Capacity (RFC)? Social Security determines your Residual Functional Capacity (RFC).  However, you may be able to influence this with information from your doctor. If you d...

Social Security uses the same rules but uses administrative changes to deny claims.  It gets harder and harder to get approved in Alabama. In the era of Cronovirus, you can't even walk into a Social Security office to apply for benefits.  You can still apply over the phone or online, however. Because of COVID-19 you cannot have a regular hearing if you are denied. The only hearing available to you is over the phone. The question is:  Can you still get Social Security disability in Alabama in 2020? The answer is:  Yes. If you have courage, persistence and dedication--you can still get benefits. Courage:  You must believe in your claim and take the necessary actions to get it approved, no matter how inconvenient it is. Persistence:  You must keep at it relentlessly, even after multiple denials.  Most claims are won on the third attempt .  Denied at application, denied at Reconsideration, approved at the hearing. Dedication:  Sometimes it takes ...

It's perfectly alright to represent yourself before Social Security.....if....you are well prepared and know what you are getting into. Here Are 6 Questions To Answer Before Appointing Yourself Representative On Your Own Case : 6.  What is Your Alleged Onset Date (AOD) ? Getting this wrong will cost you thousands of dollars in back pay and will delay the start of your Medicare coverage. It will also cost you money for every child or dependent eligible for benefits under your claim.  Also, is your alleged onset date legally feasible and defensible? 5.  What Was the Exertion Levels of All the Jobs You Held During the Last 15 Years?   At Step 4 of the hearing, you must prove that you cannot perform any of the full-time jobs you performed during the past 15 year period.  To do this, you need to understand their exertion levels according to the Dictionary of Occupational Titles (DOT).  Exertion levels are:  Sedentary, Light, Medium, Heavy, and Very Heavy....

Social Security has a very strict , narrow definition of "disability."  You are not disabled in their eyes because you think you are, or even because your doctor says you are.  Generally, your condition(s) must be so severe that you are not able to perform even the most basic of work-like activity for 8 hours per day.  This means you are not able to hold even a sedentary (sit down) minimum wage job. In addition to being severe, your condition(s) must last a minimum of 12 straight months OR be expected to last that long OR be expected to end in death. Looking at applications we've seen denied in the last year, here are the basic causes of denial in most cases: 1.  There Isn't Enough Hard Medical Evidence to Prove Disability. Statements that you make about your own medical condition or symptoms are called "allegations."  They are not considered evidence or proof.   Another term for these allegations is "subjective evidence."  Social Security believ...

Sometimes, claimants in the Social Security disability process will encounter action by the Appeals Council (AC). This is a group of judges headquartered in Falls Church, Virginia.  They review decisions made by Administrative Law Judges. The Appeals Council represents the third tier appeal of a disability claim. APPLICATION DENIED:  GOES TO RECONSIDERATION RECONSIDERATION DENIED:  GOES TO ADMINISTRATIVE LAW JUDGE (ALJ) ALJ DENIES:  GOES TO APPEALS COUNCIL APPEALS COUNCIL DENIES:  MAY GO TO FEDERAL DISTRICT COURT The Appeals Council may review a decision of a lower body on appeal by the claimant, or on its own motion .  This means the Council may decide on its own to review a decision, favorable or unfavorable, anytime it wants to--whether or not the claimant has requested it to do so. The most common action by the AC is a remand, returning the case to the judge who made the decision, pointing out problems of law and asking for a new hearing.  When thi...