FREQUENTLY ASKED QUESTIONS

The Forsythe Firm in Huntsville specializes in Social Security disability.  Here are some common questions and answers about SSDI.

1.  Who decides whether I can receive SSDI (disability) benefits?

The Social Security Administration decides eligibility.  There is a lengthy application process.  It takes 90 to 120 days to get a decision.

2.  What are the basic requirements for SSDI?

A medically severe impairment lasting at least 12 consecutive months which imposes a serious limitation on the ability to perform full-time work.  Also, the claimant must have enough recent work credits to be insured by Social Security.  Usually, a person needs 20 quarters of coverage during the past 10 year period.  The rule is different for young workers.

3.  How long does it take to get a decision on my application?

90 to 120 days.  Nothing Social Security does is fast.

4.  On average, what are the odds of approval of my application?

Slightly under 30 percent of applications are approved without an appeal.  Don't be surprised if you are denied and be ready to file an appeal at once. 

5.  If I am denied, what options do I have?

In most cases, the best option is to file an appeal and ask for an in person hearing before an administrative law judge (ALJ).  Denials are often overturned in hearings and benefits eventually get paid (usually with back pay).

6.  Do I need to be represented?

I think so, especially in the appeal process.  It is a complicated legal matter.  About 90 percent of all claimants who file an appeal do so with a legal representative helping them.  The judge who hears your case will probably recommend representation, though it is not required.  You will not pay a representative or attorney until you are approved for back pay.  At that point, Social Security will withhold the attorney fee out of your back pay and pay your representative directly.  If there is no back pay, no fee can be charged.  It's like the old doctor's joke:  "Can I remove my own appendix?"  The answer is yes--but do you really want to?

7.  Can my disability application be "back dated" to get me more money?

You may collect disability benefits under Title II for up to 1 year prior to the date of application, providing you can prove disability back to that date, and provided you have not worked at "substantial gainful activity" during that time period.  (Generally, you cannot work and get disability benefits at the same time).  In addition, you may recover 5 months for the waiting period. SSI (Title XVI) has different rules.

7.  Should I get a local representative here in North Alabama or call one of those 1-800 numbers that advertise on the TV?

You are entitled to the representative of your choice.  It's difficult to think of an advantage to hiring an advocate who is thousands of miles away instead of a local one who is just as qualified.  You will probably get more personal service with a local advocate.  A local representative will be more accessible and you will not be charged for travel expenses.  Also, you can meet your local representative before the day of the hearing. 





Be sure that whoever you appoint to represent you has extensive experience in the area of Social Security disability.  The fee arrangement is regulated by the Social Security Administration, so the fee is probably going to be the same whether your representative is in Huntsville or New York.  However, expenses may be different.  Keep in mind, also, that many of the out-of-state firms will hand over your case to a local person to handle the hearing, anyway.  The problem with that arrangement is that you may only meet your representative on the day of the hearing.  With a local firm, you would work with your representative all during the process, not meet him at the last minute.

8.  Is it possible to run up large legal bills, then fail to get any benefits?

No, that is not possible because of a Social Security rule that says your representative cannot charge you a fee unless you win and collect past due benefits.  So, if you do not collect past due benefits, your attorney or representative cannot charge you a fee.  If you don't win there are no legal bills. 

Do you have more questions?  Call the Forsythe Firm at (256) 799-0297.

Forsythe Firm
7027 Old Madison Pike NW, Suite 1089
Huntsville, AL 35806
PHONE (256) 799-0297 or (256) 431-1599 

Forsythe Firm: Social Security Justice