Social Security can pay up to $2,800 per month to individuals who have become medically unable to work. However, many people trying to get benefits will face severe obstacles which must be overcome. The battle will often be long and hard and will test your willpower, reserve and maybe even your sanity.
Some of the roadblocks to SSDI benefits are:
You Must Be Disabled According to Social Secrity's Rules. Everyone has their own definition of "disability." Social Security has their version. For persons under age 50, it means that you are medically so restricted that you cannot perform any full-time job which exists in the US economy. Nothing. That's a pretty severe limitation. This is the major cause of denials: "You are not disabled according to our rules." Claimants will need to fight this determination with an aggressive appeal.
You Must Be Disabled for at Least 12 Consecutive Months. Social Security has no benefit for a short-term disability, that is, one that has lasted or is expected to last for less than 12 straight months. Thus, many severe medical conditions don't meet the duration requirement.
You Must Have Objective Evidence from your Doctor to Prove Disability. This means examinations, tests, X-rays, MRIs or CT scans to show the cause and severity of your medical condition. Decisions are based on hard medical evidence. Without it, you won't be approved.
About One-Third of all Applicants Must be Examined by a Social Security Doctor. These are called consultative examinations or CEs for short. Unfortunately, these exams, which are paid for by Social Security, often don't help the claimant get approved. In fact, claimants often have to hire attorneys and fight the consultative doctor's report.
You Aren't Covered by Social Security Disability if You Haven't Worked Long Enough, or Recently Enough. As a rule of thumb, you should have worked at least 5 years out of the most recent 10 year period to be covered. A remote or skimpy work history may leave you without insured status at Social Security. Find out by calling your local Social Security office. Ask for your Date Last Insured or DLI. If the date is in the future, you are still covered for a new claim.
You Have Gone Back to Work Since Filing for Disability Benefits. Under Social Security's rules, a person cannot be working at substantial gainful activity (SGA) and qualify for a disability benefit at the same time. You may have gone back to work out of sheer financial desperation; even so, working may torpedo your disability claim. "I had to go to work, I was starving" isn't an excuse. You are engaged in substantial gainful activity in 2019 if you earn gross wages of at least $1,220 per month. (In 2018, the amount was $1,180; and back in 2016 it was $1,170).
Social Security Laws, Rules, Regulations and Procedures Are a Mystery to Most Folks. You may need an attorney or advocate to help you navigate the system. And you need patience. The average waiting time to get a hearing before an administrative law judge these days is 18 to 24 months (and that's AFTER you waited up to 6 months to get denied in the first place). So, not only is the process cumbersome, it's also long and frustrating.
Our firm is still offering free consultations and we foot the bill for expenses to appeal solid SSDI claims. (You will reimburse us if you win). You also won't be charged a fee for our services unless you win and receive back payments.
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THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Social Security Justice
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