Sunday, August 30, 2020

YOU CAN APPEAL A DISABILITY DENIAL - OFTEN WITH GOOD RESULTS

 You can appeal a Social Security disability denial, often with positive results.  On average, about 50 percent of denied applications get approved and paid on appeal.  So, everyone should appeal--especially if denied on medical grounds -- when Social Security says "You are not disabled according to our rules."  This is often boilerplate nonsense which will be overturned by a judge on appeal.

 But it can take up to a year to get a final decision on appeals.  109,725 claimants died while waiting on a final decision between 2008 and 2019.  1.2 percent of claimants during the same time period filed for bankruptcy.

 The good news is, if you can wait it out you can often get paid for all the months it takes Social Security to get it right.  This is called "back pay."  Back pay accumulates each month while a claimant waits on Social Security to finish the appeal process or have a hearing.

In Title 2 (SSDI) claims, if a claimant dies before a favorable decision is made, their heir or next of kin may be paid the past due benefits. They file a petition asking the government to allow them a "substitute party" designation.  Unfortunately, no substitution of party is allowed in Supplemental Security Income (SSI) claims. 

I don't think the appeal system was originally intended to be the way most claims get decided.  However, it has turned into that.  If you are denied there are 3 important things to do:  Appeal, Appeal, Appeal.

You can get an attorney or advocate to handle your appeal (highly recommended) with no upfront cost or obligation.  The lawyer gets paid only if you win, and only if you collect some back pay.  Social Security limits the legal fee that can be charged, which is always a small percentage of the back pay.  If you don't get back pay, you don't pay.

___________________

The Forsythe Firm   Huntsville, AL   CALL (256) 799-0297  Free Consult

                     Appeal   Appeal   Appeal   Appeal   Appeal  App...

 

Friday, August 28, 2020

WHY HAVING AN ATTORNEY HELPS YOU GET DISABILITY

WHY AN ATTORNEY OR ADVOCATE HELPS YOU GET DISABILITY BENEFITS

 


Sure, you can try for Social Security disability without an attorney or "representative."  But just because you can doesn't mean you should.  Most judges will advise you to postpone your hearing and come back with representation.  That is because judges realize that having an attorney or representative is in your best interests.

I think some claimant's reluctance to get representation is because they don't realize what a representative can do for them.  Let's talk about a few of the important things a representative will do (things that probably will not be done if you represent yourself).

1.  A representative will analyze the technical aspects of your case and decide on the best legal theory (approach) to win.  Can you meet or equal a Listing?  Do you meet one of the Medical-Vocational Rules?  So you need to go all the way to Step 5 in the process and prove that there is no job in America that you could do?  How's the best way to prove that?  How can your doctor help prove it?

2.  A representative will obtain and analyzie your medical records to find proof for your claim. Sure, Social Security will attempt to get your medical records.  They may or may not get them all.  But they won't analyze them the way your advocate will.  And they may not go the extra mile to be sure all the evidence is obtained.

3.  Your representative will write a legal brief--outlining succintly why your case meets all the rules and regulations to be paid.  Judges use these briefs to get a 15-minute summary of the medical, vocational and legal view of your case.  If there are legal problems with your case, they can be explained or clarified here-and perhaps the problem can be solved even before the hearing begins.

4.  Your representative will solve problems that could have got you denied.  There are few perfect claims.  Most of them have problems that stand in the way of getting approved.  A representative recognizes the problems and works to solve them as early in the process as possible.

5.  A representative will answer the judge's questions.  Let's say the judge has questions about the alleged onset date.  Or meeting a Listing?  Or about unemployment benefits, or drug or alcohol issues...or part-time work.  There are a hundred questions that can come up during a hearing, and how they are answered may depend on whether you get an approval or denial.

6.  Your representative can cross examine the vocational expert (VE).  All hearings for an adult claimant  will include testimony by a job's expert (VE).  The VE will usually propose jobs that the claimant can still perform, thus suggesting a denial of benefits.  A skilled representative can question the VE and hopefully mitigate the damage created by his'/her testimony.  This can literally snatch victory out of the jaws of defeat.

7.  Your representative will seek all the back-pay available. You want to get the most pay available out of your claim.  Back payments depend on the date you first became disabled (onset date) and other factors.  Your representative will keep your back-pay in view as he or she helps to settle your claim.

8  Your representative is a vital source of solid, reliable information.  You can ask questions and expect dependable answers about your claim.

Attorney/representatives do not charge you a fee unless.....

A)  You win your case, and

B)  You are awarded back-pay or past due payments

You do not pay any money upfront.  All services are without cost to you--from the first call to the payment of back pay by the government.

___________

Call Us:  (256) 799-0297

Email Us:  forsythefirm@gmail.com

Visit Our Detailed Webpage:    DISABILITY WEBSITE

 

 

Tuesday, August 25, 2020

SOCIAL SECURITY DISABILITY: SOME TECHNICAL STUFF

 The Social Security disability program is part of the federal government.  It is governed by the Social Security Act, the Act as amended in 1974, and thousands of pages of rules and regulations in the Code of Federal Regulations.  Also, there are dozens of federal court rulings and Social Security rules (SSRs) that govern exactly what, when, and how things happen.

Obviously, we can only deal with a few technical high points here.  But here are a few things you will always encounter when you file a Social Security claim.

DATE LAST INSURED (DLI) - This is the date on which your coverage under Social Security disability expired (past) or will expire (future).  If you stopped working more than 5 years ago, you probably are no longer covered by the government's disability program.  Like all insurance plans, you must pay into Social Security to continue coverage.  You pay into it by payroll deduction (FICA tax).  Check to see if your DLI has already occurred before you file.  Note: Supplemental Security Income (SSI) is a type of welfare plan and does not require any work history at all.

ALLEGED ONSET DATE (AOD) - This is the date that you allege disability began.  This is probably the date you will ask Social Security to pay benefits back to.  Some points to consider when choosing your AOD:

  • You were not working at substantial gainful activity at the AOD.
  • You have not worked at substantial gainful activity since the AOD.
  • You had a disabling medical impairment at the time of the AOD.
  • The AOD should be more than 12 months prior to filing the application.

SUBSTANTIAL GAINFUL ACTIVITY (SGA) - This is how Social Security defines full-time work.  It is defined in the regulations as "activity that is substantial and gainful."  That's creative!  In 2020, work is "substantial and gainful" if you earn at least $1,060 per month (gross).  A job with this amount of earnings disqualifies you from any disability benefit.  So, your AOD cannot be in any period where you wee earning $1,260 or more each month from employment or self-employment.

THE DURATION TEST - Social Security will not pay for any short term disability.  Any disability lasting less than 12 straight months is exempt.  So, only file for disabling conditions that are expected to make you unable to work any job for at least 12 straight month.  (You do not have to wait 12 months to file).

 WHAT DOES 'DISABILITY' MEAN TO SOCIAL SECURITY?  For individuals under the age of 50, "disability" means the inability to work any job for 8 hours per day, 5 days per week.  It doesn't matter if you can't work your regular job or any of your past jobs.  If Social Security believes you can adapt to an easier job, with less standing, lifting, bending, etc., they will find you not disabled.  For example, your regular job was in construction where you were on your feet 8 hours a day and lifted up to 100 pounds.  You can't do that work any more.  However, Social Security may find that you can do the work of a document preparer, sorter, hand packager, garment tagger, or food and beverage order clerk.  Thus, they would deny the claim.  For persons over age 50, you may only have to prove that you cannot perform any of the work you have done during the most recent 15 year period (the relevant period).

THE WAITING PERIOD.  Social Security pays no SSDI benefit during the first 5 months of a qualified disability.  For example, if you are found to have become disabled on June 5, 2020 your first payment won't be due until December, 2020.  The check won't arrive until January, 2021 because they pay one month in the arrears.

DECISIONS RESERVED TO THE COMMISSIONER. Only the Commissioner of Social Security may say whether a claimant is disabled or whether he or she is able to work.  Doctors often make these statements, but they are found inadmissible because the decision is reserved exclusively to the Commissioner.  It's better if your doctors states your functional limitations - how long you can sit, stand, walk; lifting limits, restrictions of bending, kneeling, reaching, handling, etc.  Doctors should avoid statements like, "It is my opinion that this patient is disabled and cannot work."

Social Security disability is terribly complex and technical.  Knowing how to prove that you meet all the regulations and rules is important if you win your case.  That's why unrepresented claimants have such a hard time.  

______

THE FORSYTHE FIRM IN HUNTSVILLE

CALL (256) 799-0297 

 

 

 

 



Sunday, August 23, 2020

WHY YOUR NEIGHBOR GOT DISABILITY BENEFITS BUT YOU DIDN'T

 We have all heard the stories.  My neighbor was approved for SSDI benefits and gets a check in his mailbox every month.  I applied around the same time and was denied.  I am more disabled than my neighbor!  Why wasn't I approved?  This perplexes almost everyone who has lost a claim.


There could be a million reasons.  Some of them make sense, some of them don't.  

Let's look at some of the things that may have affected your denied claim.

  • What is your age?  What is your neighbor's age.  If you are  under 50 and your neighbor is 50 or older, you are playing with two very different sets of rules.  So, age is my first question. 
  • What is your medical impairment?  What is your neighbor's  impairment?  Some impairments are much more likely to be approved than others.  Cancer, heart failure, COPD, etc. are much more likely to be paid than fibromyalgia, anxiety or  back trouble.
  • Who was the judge?  Judges pay rates (averages) are not the same--not even close.  Judge Alpha in Room 1 may pay 14 percent of her claims, while Judge Beta in Room 2  may  pay 70 percent. And we don't pick the judge. I don't think this inequity is right, but nobody asked me.  You see how luck figures into it?    
  • Did your doctor get involved?  Did you get your doctors get involved?  Did you ask your physician to complete a Medical Source Statement which states your degree of limitation concerning work related  activities?  If not, it may have hurt your chances. 

My point is:  there are literally dozens of factors that help determine how a claim is decided.  Each case has dozens of variables:  different age, education, past work history, medical record, witnesses, transferable skills--not to mention the difference in judges. Then, there's how well the claimant testified at the hearing.  

The important point, I think is:  How to respond to a denied claim.  In most cases, the best thing is to appeal within the allowed 60 day time limit.  A recent study suggests that about 50 percent (yes, one half) of denied claims can be approved on appeal.  So, get yourself a lawyer or Social Security advocate-specialist--and appeal the daylights out of your denial.  It will probably pay off.

__________


The Forsythe Firm   7027 Old Madison Pike   Huntsville, AL

CALL US for a free consultation:  (256) 799-0297

*Free  consult for Social Security disability cases only.

Tuesday, August 18, 2020

DISABILITY CLAIM IN ALABAMA? WHAT YOUR DOCTOR CAN DO TO HELP GET APPROVED

 Your doctor may hold the key to getting your Social Security disability claim approved.  But you must know what to ask your doctor to do.  

First, a word about what doctors may not do.  A doctor may not render an opinion about whether a patient is disabled.  He may not state that an individual is not able to work.  Why?  Under the law, these opinions are reserved only to the Commissioner of Social Security.  A doctor may not draw a conclusion reserved for the Commissioner.

So, other than routine medical records, what may your doctor provide to help your claim?

The technical name for what you want from your doctor is a Residual Functional Capacity Opinion.  These are also called Medical Source Statements.

This is a specific form used by Social Security.  Doctors do not have the form; you need to obtain it from your attorney or representative, and take it to your doctor for completion.

 Your doctor may offer to simply write a letter for you, instead. You should decline this offer and ask for the Medical Source Statement (form).  Why?  The doctor's letter will invaribly make statements that are not admissible as evidence (reserved to the Commissioner).  The doctor's letter is always fail to give specific data that Social Security requires to make a favorable decision.  Thus, use the form, not a letter.

A properly completed Medical Source Statement from your treating doctor can be a good tool to support your disability claim.

__________

THE FORSYTHE FIRM

Social Security Counselors

Huntsville, AL 35806

CALL US (256) 799-0297 

Email Us:  forsythefirm@gmail.com

 

 

Sunday, August 16, 2020

HOW TO HANDLE A SOCIAL SECURITY DISABILITY DENIAL

 Disability-Benefits-Form

 

 The usual result of filing a disability application is not payment, but denial.  You need to know how to deal with a disability denial.

If you are denied, you have 60 days (a firm deadline) to file an appeal.  This is the correct action.  Most claims do not get paid at the application stage; they are paid at the appeal stage. You may file an appeal online, by calling the local Social Security field office, or though an attorney or Social Security disability advocate.

I know this sounds crazy, but 95 percent of appeals will be denied initially, in the "Reconsideration" process.  I consider "Reconsideration,"(the first appeal) just a hoop you must jump through to get to the next level."  You can't skip it, so file an appeal asking for "Reconsideration."  Expect to be denied again.

Within 60 days after your "Reconsideration" is denied, you must file the "real appeal."  This appeal requests a hearing before a US Administrative Law Judge (ALJ).  The hearing is where most claims get paid, if they ever do.  It's your absolute best chance to get a fair hearing and get approved.

I recommend an attorney or non-attorney disability specialist at the beginning of an appeal process.  There is evidence that having a specialist involved in your claim increases your chance of winning by up to 75 percent.  You only get one hearing, so there is no chance to go back and do something over if you fail the first time.  

Since you are going before a federal judge, it makes sense to be represented by a professional who has been there hundreds (or thousands) of times and knows what to expect.  Your representative also knows what must be proven, and how to prove it.

You can talk to an attorney or advocate for free.  Even if you "hire" a representative to help you, you cannot be charged any fee or expenses unless you WIN and collect BACK PAY from Social Security.  When that happens, Social Security will pay the attorney directly, using a small percentage of your back pay.  You will keep 100 percent of future benefits forever.  If you don't receive any back pay, the attorney gets no pay--and his/her service has been free, according to the law.

So, let's recap the following points of how to deal with Denials:

1.  Appeal within 60 days.  This will not be extended.  60 days.

2.  If denied again, appeal again and ask for a Hearing.  Same 60 day rule here.

3.  Appoint an attorney or advocate to build your case and represent you--going with you to the hearing to protect your rights.  The attorney gets paid only if you receive back pay.  If you don't win, you don't pay.

It usually takes 2 appeals to get a Social Security disability claim paid.  It's a process that can be long, difficult and technical.  It is beyond the ability of most claimants without some help.  Remember, you can call and talk to a professional representative at no cost, no obligation. 

__________________

The Forsythe Firm    7027 Old Madison Pike  Suite 108   Huntsville

CALL US:  (256) 799-0297

EMAIL US:   forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website

 

 


Saturday, August 15, 2020

HOW BEING AGE 50+ HELPS YOU GET DISABILITY BENEFITS

Social Security uses 3 sets of rules to determine if a person is "disabled" under their regulations.  


RULE 1 is for persons under age 50, call "Younger Individuals."  This is the most difficult set of rules.

RULE 2 is for persons between ages 50 and 54, called "Approaching Advanced Age."  These rules are bit easier than the above rule, but still challenging.

RULE 3 is for persons age 55 or over, called "Advanced Age."  These are the easiest set of rules.

Social Security uses "Grid Rules," which combine age, education, past work experience, and residual functional capacity to decide eligibility for persons age 50 and over.  Here's the basic impact:

YOUNGER INDIVIDUAL:  Must prove that he/she cannot perform any work which exists in the US economy, even the easiest, unskilled sedentary (sit down) job.  So, if a younger individual can perform ANY type of full-time work, they are not disabled.

ADVANCED AGE INDIVIDUAL:  Must only prove that they cannot perform any of their past relevant work, meaning any of the full-time jobs they have held during the past 15 years.  It doesn't matter if they can perform other types of work, they can still be found disabled.

So , claimants over age 50 have a decided advantage.  But nothing is automatic.  Social Security usually denies claims before they approve them.  Most claims are won in the appeal process, which can be  long, challenging, and frustrating.

If you are age 50 or over, let an experienced Social Security disability advocate review and evaluate your claim for FREE.  Get an idea of whether you can qualify for up to $3,011 per month in disability benefits.  P.S.  Choose a local representative that you can sit down and talk to across the desk, rather than an out-of-state firm that you know nothing about and will not see until the day of your hearing.  Local is better and won't cost you a cent more.  In fact, we won't ask for a cent unless you are approved and qualify for past due benefits (usually paid in a lump sum)!  If you don't win, you don't pay.

__________________

The Forsythe Firm

7207 Old Madison Pike    Suite 108    Huntsville, AL 35806

CALL US FREE (256) 799-0297  (Social Security claims only)

E-mail us:   forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website 


CAN MY CHILDREN RECEIVE DISABILITY BENEFITS? WHAT ABOUT MEDICARE?

 If you qualify for Social Security disability benefits, will your dependent children also get a benefit?  The answer is yes.  Most likely your dependent children who are still in school and under the age of 19 will also qualify for a monthly check.

What about Medicare?  Disabled persons usually have need for ongoing medical treatment.  This can be expensive, even prohibitive due to the cost.  When a person qualifies for SSDI (Social Security disability), Medicare is always included.  Medicare pays a majority of doctor bills, hospital charges and diagnostic tests.  You may purchase a supplement (called Part C), which picks up most of the co-pays and deductibles not paid by Medicare.  Add Part D, and prescription drugs can be covered, too. Medicare is a valuable part of SSDI benefits.  It can save you thousands of dollars per year in medical expenses.

Is it easy to qualify for SSDI?  No, it isn't.  Social Security has a very restrictive definition of "disability."  You must prove that you meet all of their rules and regulations, which is very difficult and time consuming.

It will help you to get a disability representative or attorney to help prove your case.  When Social Security denies your benefits (as they often do), your attorney/representative will go to work on appeals to get your denial overturned and your case approved.

Most cases wind up before a federal Adminstrative Law Judge (ALJ) for a hearing.  Here, your attorney/representative can be of enormous help to you--because he or she understands the laws, rules and procedures.  Knowing the burden of proof and how to meet it, your attorney/representative knows how to proceed with the case to give you the best chance to win and be approved.  There is no cost for an attorney unless you win your case and also recover past due benefits.  Attorney's fees are paid out of past due benefits.  If you don't win, you don't pay.

SSDI benefits, once approved, can last until your full retirement age, then convert to Social Security retirement benefits.  Medicare will continue for your lifetime if your disability doesn't end prior to age 65.

SSDI and Medicare is the most valuable financial benefits that most Americans will ever get!  It takes effort to be approved, but it's well worth it.  The average SSDI case is worth over $500,000 in benefits, and that's not counting the benefits of Medicare.

Delay costs you money and may result in "expired" benefits.  If you have worked at least 5 out of the past 10 years, have a severe disability that has lasted (or is expected to last at least 12 straight months or more)--you should apply immediately.  

______________

The Forsythe Firm

Social Security Disability Counselors

Huntsville, AL 35806

CALL (256) 799-0297

E-Mail US:  forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website







Friday, August 14, 2020

DISABILITY: YOUR VITAL LIFELINE TO NORMAL FINANCIAL FUNCTIONING

 Disability - a word we never think about.  It will never happen to us.  Yet, one in four Americans will face long term disability before they reach retirement age.


What happens when your pay check suddenly stops but the rent or mortgage keeps right on going?  How do you buy groceries, pay the utilities, the insurance, the car payment?  When the pay suddenly stops, you realize you have a dozen bills you never even thought about before.

The program that most disabled Americans fall back on is Social Security Disability Insurance (SSDI).  It's a program you paid into by payroll deduction (FICA) during all the years you worked.  You can usually file a claim for benefits within 5 years of the date you stopped working.  After that, your coverage probably has expired.  

The maximum benefit from Social Security disability is $3,011 per month for an individual.  The exact amount is based on your lifetime earnings and FICA paid.  Most people will get at least $1,200 per month, some a lot more.  The benefit is individualized to your account and work record.

Some things you need to know about Social Security disability:

1.  It does not provide any benefit for temporary disability; you must be unable to work for at least 12 straight months.

2.  It does not pay for the first 5 months of disability.

3.  You must have enough recent work credits to be covered.  Generally, you should have worked at least 5 out of the past 10 years.

4.  You must have a severe medical condition that prevents your ability to work a full-time job, and this must be proven with objective medical evidence from your doctor.

5.  The odds are your claim will be denied at the initial step and will require months of appeals to be approved.  It takes around 5 to 6 months to get the initial decision back.  Up to 80 percent of these are denials (often in error).  The following 6 to 12 months will be spend in appeals.

6.  You may proceed on your own (without an attorney) but this is risky.  The appeals process is technical, requiring you (the claimant) to prove that you meet the rigid and technical rules of the Social Security Act and all its appurtenant regulations.  Representation will increase your chance of being approved, and the representative can't charge you a fee until after you win and receive your back pay.

SOME WAYS TO PROTECT YOURSELF

  • Put aside some regular savings to cover a few months of disability--to give you time to get Social Security started.  It isn't quick or easy.
  • Enroll in your employer's group disability plan if you can.  Get short term disability (STD) and long term disability (LTD) if offered.
  • At least consult with a disability advocate or attorney before you file your Social Security claim.  Often, this can save you countless mistakes and delays--and it won't cost you a penny.
  • Don't depend on advice from a relative, neighbor, friend or co-worker.  They mean well, but no two SSDI claims are alike.  They are different in at least 15 ways.  No "one size fits all," and advice based on someone else's claim may be the absolute wrong advice for your claim.  Talk to an expert, a professional.

__________________

THE FORSYTHE FIRM

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

CALL (256) 799-0297

E-Mail Us:   forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website 




Sunday, August 9, 2020

HOW SOCIAL SECURITY DISABILITY REALLY WORKS

 If you can see a disability claim in your future, you owe it to yourself to find out how Social Security's disability program really works.  Don't depend on information from family, friends or co-workers because there are so many misunderstandings about disability benefits--and this misinformation can cost you a lot of money and cause needless delays.

Here's how SSDI (Social Security Disability Insurance) actually works:

1.  It is disability insurance purchased through the US Government.  Each day you worked, your employer deducted roughly 7.5 percent of your pay and paid it to the Social Security trust fund.  The employer matched each dollar deducted with $1 of his own and contributed for you.  So, roughly 15 percent of your pay has gone into the Social Security trust fund to buy this mandated insurance.  No everyone is covered.  You must have worked at least 5 years out of the most recent 10 years to have coverage.  These are called "Quarters of Coverage."

2.  You must become unable to work while you are a covered (insured) individual.  If you are under age 55, the definition of "disabled" means you cannot perform any full-time work which exists in the national economy.  If you are 55 or over, "disabled" usually means that you cannot perform any of the work you have done during the most recent 15-year period.  So, the definition is very strict and based partly on your age at the time of application.

3.  You must submit a long, complicated and meticulous application for benefits and wait an average of  five months for it to be processed.  About 70 percent of these applications are denied.

4.  If denied, you must ask for "Reconsideration," where your claim goes back to the same state agency that denied it.  They will review your claim again, and in 95 percent of cases, will deny it again.  This is just a hoop you have to jump through on the road to getting benefits.

5.  If denied at Reconsideration, you will appeal again and ask for a hearing before a US Administrative Law Judge.  This is where most claims actually get approved.  You will want an attorney or experienced advocate with you at this hearing because it is highly technical and involves issues you won't understand.  

Representation during this long process won't cost you anything unless (A) you win your case, and (B) you collect past due benefits.  If this happens, Social Security will pay your representative directly out of money they have withheld for that purpose.  If you do not collect past due benefits, no fee can be charged.

If you need assistance with a Social Security disability claim in north Alabama or middle Tennesee, please contact the Forsythe Firm in Huntsville, AL at (256) 799-0297.

Thursday, August 6, 2020

HOW TO GET DISABILITY CHECKS IN ALABAMA

Do you live in Alabama and need disability checks?  This is information that may help you apply and win.  Caution:  It's not easy and most people must go through the appeals to be paid.

STEP 1:  Determine if you may qualify.  If you answer YES to all of these questions, you could qualify for SSDI benefits:
  • You have worked at least 5 years out of the most recent 10 year period.
  • You have a severe medical disorder that will keep you out of work (any and all work) for at least 12 straight months.
  • You are not presently working.
  • You have received medical treatment and have a record of treatment which is up to date.
  • You are at least 50 years of age.  Some younger claimants do win benefits, but being 50+ is a major advantage.
FILE YOUR APPLICATION.  Do this online at www.socialsecrity.gov or by calling your local Social Security office.

ASK FOR RECONSIDERATION.  If you are denied (most claims will be), ask for "Reconsideration" within 60 days.  You can file this appeal online or by calling Social Security.  The 60 day deadline is very strict.

ASK FOR A HEARING:  If "Reconsideration" fails (it will in 95 percent of cases), file an appeal and ask for a hearing before an Administrative Law Judge or ALJ. It may take several months to get before a judge, but you only have 60 days to appeal and ask for the hearing.

GET LEGAL COUNSEL.  You will need help to prepare your case and appear before the judge.  Your legal representative cannot charge you a fee unless you win your case and collect past due benefits or "backpay."  Even then, you can only be charged the amount authorized by Social Security.

Social Security may pay you a maximum of $3,011 per month.  Your actual payment will vary based on your age and amount of your average lifetime earnings.

There are many technical issues you should discuss with our attorney prior to filing a claim.  A lot of costly mistakes may be avoided by a free discussion prior to filing.  My firm will give you a free case evaluation with no obligation.  Simply call us at (256) 799-0297 and answer a few basic questions.  

SSDI benefits do expire after you stop working, so it's best not to delay filing a claim.  Call (256) 799-0297.