Social Security disability benefits may be available for persons who have worked recently enough to be covered, have a long-term severe medical impairment that will last at least 12 consecutive months, and who have adequate medical records.
Why is a work history required? Individuals gain insured status by working and paying FICA tax through payroll withholding. Most workers require 22 quarters of work to be covered. The rule of thumb is--you have worked at least 5 our of the most recent 10 year period.
What is a severe medical impairment? An impairment which prevents you from performing one or more of the functions required of full-time work is severe. Impairments may be physical, mental or a combination of both. The severity of impairments and how they limit the ability to perform full-time remunerative work is the key to a Social Security disability claim.
What if little or no medical evidence is available? The regulations provide disability benefits only for "medically determinable impairments." Subjective complaints, such as pain, headaches, depression, etc. are not enough. Social Security will want doctor's records and they especially favor objective evidence such as X-ray, MRI, CT scans, etc.
About 70 percent of disability applications are denied. Your odds may be better at an appeal hearing. Hearings are technical legal proceedings and we recommend professional representation. A representative will not charge a fee unless you win and recover past due benefits as a result of the hearing.
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Free disability consultations are available in Huntsville at the Forsythe Firm, (256) 799-0297.
A Guide for Successful Social Security Disability Applications in Huntsville & N. Alabama. (256) 799-0297
