REQUIREMENTS FOR DISABILITY IN ALABAMA

Alabama joins 9 other states in the US in a so-called "streamlined" version of Social Security disability.  Don't let that label fool you, however.  While it may take even longer in the other 40 states, a disability claim in Alabama can drag on for a year - or two.

Here are some of the basic points in an Alabama Social Security disability claim.

• Insured Status.  You must first be covered under Social Security disability or Title II insurance.  This coverage is obtained by working and paying FICA taxes through payroll deduction.
• Severity.  You must have a medically determinable impairment that presents symptoms severe enough to prevent you from working, or symptoms which significantly interfere with your ability to work.
• Duration.  Your impairment must last or be expected to last a minimum of 12 consecutive months, or to end in death.
• Burden of Proof.  The claimant must prove that he/she is not able to work because of a severe medical impairment.  You must be unable to return to previous relevant work or to perform any other work.  Proving this will usually require both objective and opinion medical evidence.
• Probability of Denial.  In Alabama, just over 70 percent of Social Security disability claims are denied after a review of the initial application.  Then, the case must be appealed.  The claimant will end up in a hearing before a federal official called an administrative law judge (alj).  The ALJ can give you a favorable decision if your evidence supports your claim.  Caution:  In 2010, national award rates at the hearing level averaged over 60 percent.  At the end of 2013, award rates had fallen to below 50 percent for the first time in history.  These hearings are difficult and complex.  I advise professional help.

THE FORSYTHE FIRM
Phone (256) 799-0297 or (256) 431-1599

www.Get-SS.com