WHO IS SOCIAL SECURITY MEANT TO HELP?

Before trying to get Social Security disability benefits (SSDI) it will be useful to know who these benefits are intended for.  They are not intended for everyone, and that may explain why 72 percent of initial claims get denied.

So, who is SSDI intended for.  Here are the situations SSDI was designed to help:

1.  It is for individuals who have a pretty solid and recent work history.  SSDI is not available to persons who have not worked and is generally not available to persons who have not worked at least 5 out of the past 10 years.  Very young workers may still qualify if they are not old enough to have worked for 10 years.

2.  It is for individuals with a severe medical impairment that will keep them out of work for at least 12 consecutive months.  SSDI is not meant to cover short-term disabilities and it does not.

3.  For persons who are not currently working at substantial gainful activity.  An individual who is earning at least $1,180 per month  from work related activity is automatically disqualified from getting an SSDI benefit.

3.  It is for individuals with a medical impairment so severe that it prevents them from doing all kinds of work in the national economy.  If you are under age 50, the ability to perform any kind of work, even unskilled sedentary work, will prevent you from getting disability benefits.  If you are age 50 or over, your disability must prevent you from performing any of the work you have done during the most recent 15-year period.

I see claimants denied for disability benefits for all kinds of reasons.  Here are some of them:

• There isn't enough medical treatment to establish a severe, medically determinable impairment.
• The medical evidence does not show that the impairment is going to last at least 12 consecutive months* (the duration requirement).
• The claimant has not worked in the past 5 years and, therefore, is not covered by SSDI.  (It's like not paying premiums on your insurance policy for 5 years.  The benefits have expired).
• The individual is probably disabled but hasn't been able to afford medical treatment.  There are no doctor's records to prove disability.
• The claimant really is unable to work, but we can't prove that this will likely last for at least 12 months.  For example, knee surgery may prevent any work for a while but what will happen in 6 or 8 months?  If it is likely the individual can return to work in less than 12 months, there is no disability claim.
• The claimant can't perform any of his past work but could perform sedentary or light work. 

There are many factors that must be considered when trying to figure out whether you have a good SSDI claim.  The best way to evaluate a case, I think, is to talk to an experienced attorney or Social Security advocate.  These people have been before administrative law judges every day for years and they know what the standards are.  They know very well what types of cases get approved and what types of cases are unlikely to be approved.  Of course, none of us have a crystal ball that works 100 percent of the time.

Let me say that every potential claimant that I speak with believes that they are disabled.  This is normal.  But it may not be realistic.  Depending on your age, you level of education, your past relevant work, and your medical evidence--you may have a very strong claim.  It probably will come to what's in the doctors' records.  I can often use a doctor's records to get benefits approved.  I can seldom get benefits approved when there is just no medical evidence to support the claim and all I have to go on is the claimant's testimony.

I will look at any SSDI claim to evaluate it, and we will do so with no expense to the claimant.  Sometimes an honest evaluation of the claim is the most helpful service that can be provided.  If you have a strong claim we will tell you so. If there are things that should be done before filing the claim, we will advise you of that, too.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US (256) 799-0297

E-Mail Me:   www.forsythefirm.com

P.S.  *You don't have to wait 12 months to apply for benefits.  You can apply today as long as your condition is reasonably expected to last for at least 1 year.