DISABILITY CLAIMS PROCESS IN ALABAMA

Here are the basic requirements to qualify for Social Security disability. 

•  You are not working at "substantial gainful activity."  In 2013, that means you are not earning wages of at least $1,040 per month, gross.
• You have a severe, medically determinable physical and/or mental impairment with medical evidence to support it.
• You expect to be out of work for at least 12 consecutive months.
• You have worked long enough to build up the required quarters of coverage to be covered by SSDI.  For most workers age 40 or over you would need to have worked at least 5 out of the most recent 10 years.  (Rules may be different for younger workers). 

 Step 1 involves filing a benefit application with Social Security.  You may do this online at www.socialsecurity.gov, at a local Social Security office, or by telephone at 1-800-772-1213.  You may also have an attorney or disability advocate help you file the application.  However, the claimant must sign the application.

Step 2: Your application will be reviewed by the Disability Determination Service to determine whether you meet Social Security's rules for disability.  In Alabama, about 70 percent of claims will be rejected at this level.  Step 2 will be to file a request for hearing before an administrative law judge.  This is the only step in the process where you get to appear face-to-face with someone at Social Security to explain your case.  I caution claimants who have reached this stage in the process not to appear at a hearing unrepresented.  Most judges agree.  In fact, if you do appear unrepresented, the judge will most likely have you to sign a form stating that a representative may be of great help to your case and he/she may postpone the hearing to allow time for you to hire representation.

Over half of the applications that are denied in the first phase will be won at the hearing level.  This is especially true if the claimant has adequate professional representation.  A representative may not charge you a fee unless you win your case AND collect back pay or retroactive benefits.  Social Security must approve any fee proposed by the representative.
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Presented by The Forsythe Firm, Social Security Disability Advocates in Huntsville, AL and local members of the National Organization of Social Security Claimants Representatives.  (256) 799-0297.

  Established in 1979, the National Organization of Social Security Claimants' Representatives is an association of over 4,000 attorneys and other advocates who represent Social Security and Supplemental Security Income claimants. Our members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.  www.nosscr.org
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