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WHY IS SOCIAL SECURITY DISABILITY SO HARD TO GET?

  The US Government offers benefits to disabled workers through the US Social Security Administration.  This is often called SSDI (Social Security Disability Insurance).  But qualifying for the benefit isn't easy.  In fact, it is often very difficult.  There are several reasons for the difficulty: 1.  The program was designed to be long and difficult .  The framers of SSDI didn't want "everyone" to be able to get benefits.  So, they made it hard on purpose. They calculated that there should be at least 14 workers paying FICA (Social Security tax) for each beneficiary receiving benefits.  So, 14 workers supported each beneficiary by paying FICA  tax (payroll deductions) into the trust fund. This worked well for a long time. But over the decades fewer workers supported more and more beneficiaries. Today there are only 2.7 workers supporting each SSDI beneficiary.  As the trust fund dwindles, Social Security finds new way to make new ...

NEARLY EVERYTHING YOU BELIEVE ABOUT SOCIAL SECURITY DISABILITY IS WRONG.

You think you know how Social Security disability (SSDI) works.  You've read about it on the internet, talked to some friends, and done your research.  But after you file your application, most of what you believe about Social Security will turn out to be wrong. Hundreds of claimants walk into my office each year absolutely convinced that they qualify for Social Security disability benefits.  A percentage of them will qualify; however, a lot of them will not. Here I want to give you several things that people think about Social Security, which are absolutely wrong: I have coverage under the Social Security Act.  TRUTH:  You only have disability coverage if you have worked at least 5 years out of the past 10 years and earned at least 20 work credits out of a possible 40 credits.  Otherwise, most individuals will not be covered by the Act.  They may be disabled but still won't qualify for any benefits.  (Work credits are more forgiving for persons u...

BEST WAY TO BE APPROVED FOR SOCIAL SECURITY DISABILITY (SSDI)

If you have worked at least 5 of the past 10 years, you are probably covered by Social Security disability--a US government program to help totally disabled persons who can no longer work. While you are technically "covered" by Social Security based on paying into the system for years, being approved for benefits is difficult and time consuming. The difficulty is proving that you are "disabled according to our rules."  It's Social Security's rules at are tough to get past. For claimants under the age of 50, here's their definition of disability:  You have a severe medical or mental impairment that prevents you from working any full-time job which exists the US economy . (Not local economy, the US economy). The hard part is the word "any."  You can't do ANY job.  That includes unskilled sedentary jobs that require no training or education (maybe not even the ability to read or write).  It includes very low-paying jobs where you can work sit...

USING GRID RULES TO WIN SOCIAL SECURITY DISABILITY

Grid Rules help claimants age 50 and over get approved for Social Security disability (SSDI) benefits. The grids take into consideration the claimant's age , e ducation , past work experience and residual functional capacity (RFC). By combining all these factors in the chart or "grid," Social Security determines if an older individual meets their rules for disability benefits. Grids work especially well when the claimant is age 55 or over ("advanced age"), has no sedentary or skilled work within 15 years, and is restricted to either sedentary or light exertion levels.  After your attorney is able to get past steps 1 through 3 of the sequential decision making process, a grid rule will often indicate "disability/award" at Step 4.  Here are the steps I'm talking about: 1.  Is the claimant now working at substantial gainful activity?  (Translation:  Is the claimant now working and earning wages of at least $1,350 per month)?  If no, continue to Step...

WHY YOUR PAST WORK IS IMPORTANT IN SSDI DISABILITY CLAIMS

  If you are filing a Social Security disability claim (SSDI), your past work history is really important, especially if you are age 50 plus. Most older claimants have their case decided at "Step 4" in the sequential process.  The Step 4 question is:  Can this claimant perform any of his/her past relevant work?  If not, a finding of disabled is warranted by the rules. So, what is past relevant work or PRW ?  It is the work a claimant has performed on a full-time basis during the preceding 15 year period. To determine whether an individual can still perform any PRW, a vocational expert must understand the nature of all the past jobs a claimant has performed.  Three facts are of vital importance when each past job is considered: 1.  Was the work skilled, semi-skilled or unskilled? 2.  What was the maximum lifting/carrying required on each job? 3.  Out of an 8-hour day, how much did the claimant sit/stand/walk on each job? SEDENTARY WORK - woul...

HUGE SOCIAL SECURITY BENEFIT INCREASE FOR 2022

  In October (2022) the US Social Security Administration (SSA) is expected to announce a large Cost of Living Adjustment (COLA) for persons receiving Social Security checks. While the formal announcement won't be made until October, we are estimating a benefit increase of around 8 percent.  This will be one of the largest increases in the last 30 years. Social Security uses the Consumer Price Index to measure inflation and adjust benefit amounts for the coming year.  In 2022, the Consumer Price Index has inflation running at around 8 percent.  Thus, an individual who receives $1,500 a month in 2022 may see a check of about $1,625 in 2023. You won't need to do anything to receive this increase.  Everyone receiving Social Security benefits will get the increase starting in January, 2023. ___________ The Forsythe Firm:  Social Security Disability Advocates, Huntsville, AL.  Ph (256) 799-0297.  Call us if you need help getting approved for Social Sec...

HOW SOCIAL SECRITY VIEWS YOUR CLAIM VS. HOW YOU SEE IT

    "The only obvious result of a disability claim is Denial."   Most of the individuals who come to me for disability benefit assistance have a very clear view of their disability. They have lived with their medical impairment for a long time and they understand it. It is very obvious to them that they are not able to work and that they qualify for disability benefits. However, Social Security will see the claim very differently. If I could choose one word to describe Social Security's attitude, it would be SKEPTICAL. Nothing is obvious to decision makers at Social Security. Everything must be investigated, questioned, documented, and proven or refuted. The claimant makes allegations. Evidence is required before these allegations become fact. Here are some major differences between the way Social Security sees a clam, vs. the way a claimant sees the claim: You start the process as a "non-disabled" person. Just like an accused criminal enters his trial ...