Wednesday, September 12, 2018

ALABAMA VS. TENNESSEE SOCIAL SECURITY BENEFITS

I advocate for disability claimants in Alabama and Tennessee.  The question often comes up, is the Social Security process the same for both states?  Surprisingly, it is not.

While Social Security is a federal program, the initial decision making process is handled by the state.  The program is a little more complicated in Tennessee and a little more streamlined in Alabama.

This is because Tennessee using a process called Reconsideration and Alabama does not.  Reconsideration simply means that if your application is denied, you have to re-submit it and have it reviewed again by the same state agency that denied it the first time.  This takes about 4 to 6 months and you nearly always get the same decision second time around.  It's basically just a time waster.  After the second denial, you can file an appeal with an Administrative Law Judge, where something might finally get approved.

In Alabama, you can file the appeal with the judge right after the first denial.  You eliminate the time-wasting "Reconsideration" phase.  So, while the disability process in Alabama can take 24 months or more, it is several months faster than it is in Tennessee.

Some people who live in Alabama may still have their appeals sent to a judge in Tennessee.  Some of my clients get their appeals sent to a judge in Franklin, TN, even though the claimants live in Alabama.  When this happens, you will follow Alabama rules.  You don't have to mess with Tennessee's "Reconsideration" as long as you are an Alabama resident.

Social Security disability is so tricky these days, I'd recommend you start with an attorney or advocate who knows the law and the process.  Whether you live in Alabama or Tennessee, talking to an attorney will be well worth your time.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
(256) 799-0297

The Forsythe Firm
725 Cool Springs Boulevard
Franklin, TN 37067

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