Each day you work, the US government withholds a portion of your pay, called FICA tax. This money goes into a special trust fund under your name and Social Security number. When you retire or become disabled, money can be taken out of this fund to pay you a benefit. In terms of a disability benefit, SSDI is really a government provided insurance policy against disability.
The maximum benefit can be around $3,000 per month. Your actual benefit will depend on your age and your average annual earnings. If approved, you will also become eligible for Medicare insurance but must wait 29 months (from the beginning of disability) for Medicare coverage to begin. Children or other dependents may also get a monthly benefit.
HOW TO FILE AND GET BENEFITS
1. You file an application for disability benefits--a group of complicated forms consisting of about 200 questions. You may file by going to a Social Security office (expect a long wait), by calling the Social Security office, or by getting an attorney or disability advocate to help you file.
Unless your medical case is very compelling and clear cut, there is a high probability that you will be denied on the first try. Denials occur with almost three-fourths of applications in Alabama.
However, a denial is par-for-the-course. It's not the end, just the beginning. If you are denied, you are ready for Step 2 in the process, which most people will follow through with. If you don't, you lose.
2. You file a written appeal of your denial within 60 days. This sends your case back to the Disability Determination Service or DDS--the agency that denied you in the first place. The same agency, but a different person, will review your application again. Alas, they issue a second denial in about 95 percent of cases at this level. But you must do this to get to the next step.
However, proving that you are disabled according to Social Security's rules can complex and difficult. Their definition of disability is almost impossibly strict. You may need legal assistance to prove "disability according to our rules" and get a benefit.
If you are under age 50, the standard for being disabled is: You are not medically able to perform any full-time job that exists in the United States. That includes unskilled sedentary jobs like ticket taker, parking garage attendant, etc., which usually pay minimum wage.
The maximum benefit can be around $3,000 per month. Your actual benefit will depend on your age and your average annual earnings. If approved, you will also become eligible for Medicare insurance but must wait 29 months (from the beginning of disability) for Medicare coverage to begin. Children or other dependents may also get a monthly benefit.
HOW TO FILE AND GET BENEFITS
1. You file an application for disability benefits--a group of complicated forms consisting of about 200 questions. You may file by going to a Social Security office (expect a long wait), by calling the Social Security office, or by getting an attorney or disability advocate to help you file.
Unless your medical case is very compelling and clear cut, there is a high probability that you will be denied on the first try. Denials occur with almost three-fourths of applications in Alabama.
However, a denial is par-for-the-course. It's not the end, just the beginning. If you are denied, you are ready for Step 2 in the process, which most people will follow through with. If you don't, you lose.
2. You file a written appeal of your denial within 60 days. This sends your case back to the Disability Determination Service or DDS--the agency that denied you in the first place. The same agency, but a different person, will review your application again. Alas, they issue a second denial in about 95 percent of cases at this level. But you must do this to get to the next step.
3. You appeal again and ask for a hearing before a US Administrative Law Judge (ALJ).
A successful appeal hearing requires that someone do the following prior to the hearing:
- Obtain all medical records
- Read and analyze all the medical records
- Develop a strategy for meeting the regulations
- Determine if you meet a Listing or grid rule.
- Give the judge a written summary of the case (a brief)
- Prepare you, the claimant, for what to expect at the hearing
- Prepare to present the case in a clear, succinct manner to the judge.
- Prepare to question Social Secrity's experts who will testify at the hearing.
- Address any post hearing problems or requirements that come up.
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| View of a Typical Social Security Hearing |
Your odds of winning at the hearing are much higher than they were with the original application, especially if the appeal is well prepared. An attorney or representative who is experienced with Social Security cases will know how to prepare the case for the best chance to win your benefits.
You will not pay your representative any money upfront. All work with be done on contingency. A fee will become payable only if you win and only if you receive past due benefits. When that happens, the administrative law judge will authorize Social Security to withhold a small portion of your past due benefit to pay the representative directly. All fees must be approved by the same judge who approved your benefits. You are protected against high or unreasonable fees.
WHERE DO I START?
The easiest place to start is calling an experienced advocate who has handled hundreds of Social Security cases. Often, a 15-minute phone call can analyze your case and give you a lot of direction on how to proceed. If the representative believes that your cases has merit, he or she can help you file the paperwork for the next step.
We think using a local representative is better. Why deal with someone a thousand miles away? Why go through a large, distant "call center" when you could call your representative directly, right here in Huntsville?
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Charles W. Forsythe
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
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