BASICS OF SOCIAL SECURITY DISABIILTY

Definition of Disability:  One or more severe and medically determinable impairments which has lasted, or can reasonably be expected to last at least 12 consecutive months or end in death-- and which prevents you from performing full-time work activity.  You cannot receive any disability benefit if you are currently working at substantial gainful activity, no matter how severe your impairment is.

When Should You Apply for Disability?  You should apply as soon as you are diagnosed with a disabling condition which can reasonably be expected to last for a minimum of 12 consecutive months.  Note that Social Security does not provide a disability benefit for conditions lasting less than 12 months.

How Do You Apply?  If you are filing a regular SSDI claim, you may file online at www.socialsecurity.gov. Or you may contact a local Social Security office for assistance.  If you feel you need a representative, advocate or attorney to help you, you may contact someone to help you file your claim.

How Long Will a Decision Take?  The initial decision will typically take 3 to 4 months, sometimes longer.  Records have to be obtained from your treating doctors and other providers and this can take some time.

What if You Are Denied?  It is not uncommon to be denied.  In fact, over two-thirds of all applications that are filed in Alabama will be denied.  You have 60 days to file and appeal, which amounts to requesting a hearing before an administrative law judge.  An appeal is not the same as filing a new claim.  If you have questions about an appeal or how to present evidence for your appeal, you may wish to consider obtaining representation.

How Long Does the Appeal Take?  Getting a hearing can take 12 to 18 months.  For most claimants there is no way to get a quick appeal hearing.  Exceptions are made for certain disabled veterans and individuals with dire need.  The rules for dire need, however, are very restrictive.

Does Drug Addicton or Alcoholism Count as a Severe Impairment?  No, the Congress has made drug addiction and alcoholism ineligible for Social Security disability if they are the only impairments.  If a person has an unrelated (immaterial) impairment, he or she may still get disability in spite of drug addiction or alcoholism, as long as those conditions are not material to the other impairment(s).  For example, an individual who has brain cancer could be found disabled even if he is an alcoholic because alcoholism did not cause or contribute to the brain cancer.

What Does it Cost to Get a Representative or Attorney?  Representatives do not charge you a fee unless you win your claim and it results in the recovery of back pay or past due benefits.  In that event, a fee that you have already agreed to will be deducted from your back pay.  If you don't win, or don't receive any back pay, there is no fee due.

Is the Forsythe Firm Affiliated with Social Security or the US Government?  No.  The Forsythe Firm is a privately owned professional firm that represents claimants and works for claimants.  We are not affiliated with the Social Security Administration.