How long does it take to get a Social Security disability claim processed in Huntsville, AL?
It takes 90 to 120 days to get an initial decision from the Disability Determination Service (DDS). About 72 percent of those decisions will be unfavorable, or denials.
The average processing time for an appeal in Alabama is 424 days. From the time you file your appeal until you have a final resolution will be about 424 days.
Claims can be faster if you are:
a) a disabled veteran with a 100% permanent, total disability rating from the US Veterans Administration, or
b) in dire need - you are homeless, about to be evicted, without food or medical treatment and cannot afford food or medical treatment, etc. (The rules for "dire need" are rather strict).
If you need help with a Social Security disability claim (veteran or non-veteran), please contact the Forsythe Firm in Huntsville, AL at (256) 799-0297.
There is no fee for anything we do unless you are approved and receive past due benefits.
A Guide for Successful Social Security Disability Applications in Huntsville & N. Alabama. (256) 799-0297
Friday, November 21, 2014
WOUNDED WARRIORS - VETS AND SOCIAL SECURITY DISABILITY
Veterans may become disabled during active military service and it may take months before they complete the process for a medical discharge. During this period, they are still receiving active duty military pay. But may they also qualify for Social Security disability benefits? The answer is, yes, they may--even though they are still getting active duty pay.
The Wounded Warrior provisions are very clear that active duty military pay, in and of itself, does not disqualify a disabled veteran from receiving Social Security disability payments.
The key is not whether the service member is receiving military pay, but whether he or she is able to work. If it can be shown by objective medical evidence that a service member cannot perform work related activities, he or she may qualify for Social Security disability benefits.
Also, once the veteran receives a 100% permanent and total disability rating from the Veterans Administration, Social Security offers an expedited track for a disability decision--which can reduce waiting time for a disability determination.
To explore the possibility of a successful Social Security disability claim, please contact Charles W. Forsythe, a partner with the Forsythe Firm in Huntsville. (256) 799-0297.
The Wounded Warrior provisions are very clear that active duty military pay, in and of itself, does not disqualify a disabled veteran from receiving Social Security disability payments.
The key is not whether the service member is receiving military pay, but whether he or she is able to work. If it can be shown by objective medical evidence that a service member cannot perform work related activities, he or she may qualify for Social Security disability benefits.
Also, once the veteran receives a 100% permanent and total disability rating from the Veterans Administration, Social Security offers an expedited track for a disability decision--which can reduce waiting time for a disability determination.
To explore the possibility of a successful Social Security disability claim, please contact Charles W. Forsythe, a partner with the Forsythe Firm in Huntsville. (256) 799-0297.
DISABILITY & DRUG OR ALCOHOL ABUSE
Almost everyday I get calls from people complaining that Social Security pays disability benefits to drug addicts and individuals who abuse alcohol. Well meaning people are concerned that eligible claimants are being denied while millions of people are being awarded benefits for drug or alcohol abuse.
Actually, Social Security has a long-standing regulation that makes substance abuse ineligible for disability benefits. If an individual has other severe impairments with substance abuse or alcoholism, the other impairments may qualify for disability benefits as long as the alcohol or drug use is "not material" to the other impairments.
According to 20 C.F.R. 404.1535, the key factor to be examined in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether [Social Security] would still find the claimant to be disabled if he/she stopped using drugs or alcohol.
The obvious example that I use is brain cancer. If an individual has incurable brain cancer but also happens to be an alcoholic, the brain cancer will still qualify for disability benefits because even if the individual stopped using alcohol, he would still have brain cancer.
Actually, Social Security has a long-standing regulation that makes substance abuse ineligible for disability benefits. If an individual has other severe impairments with substance abuse or alcoholism, the other impairments may qualify for disability benefits as long as the alcohol or drug use is "not material" to the other impairments.
According to 20 C.F.R. 404.1535, the key factor to be examined in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether [Social Security] would still find the claimant to be disabled if he/she stopped using drugs or alcohol.
The obvious example that I use is brain cancer. If an individual has incurable brain cancer but also happens to be an alcoholic, the brain cancer will still qualify for disability benefits because even if the individual stopped using alcohol, he would still have brain cancer.
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