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.