HUNTSVILLE VETS MAY GET INCORRECT INFORMATION ABOUT DISABIITY BENEFITS

Unfortunately, disabled veterans sometimes get wrong information, even from Social Security.

Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for Social Security disability benefits because they are still receiving military pay, or "still working."  However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility.

Social Security's website states the following:

Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits.  Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your work activity to determine your eligibility benefits.

Even if you are told by someone at a Social Security office that you do not qualify for disability benefits, check this with another qualified source.  Social Security personnel are generally well trained, hard working and well meaning individuals who do excellent work.  But, like in all other areas of life, mistakes are made.  That's why you have attorneys and advocates to assist you with protecting your rights under the Social Security Act and to make sure that you get all the benefits you are entitled to, even when a mistake is made.

If you need to just check out a Social Security disability claim, or appeal an unfavorable decision, please feel free to contact the Forsythe Firm here in Huntsville for a no cost, no obligation discussion.  (256) 799-0297. 

"RECENT WORK TEST" FOR SOCIAL SECURITY DISABILITY

If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration.

You need to have recent work to be eligible for disability benefits.  You must have worked at least 20 out of the last 40 quarters, or more simply put, you must have worked 5 out of the last 10 years.

If you stopped working at a job that pays FICA tax more than 5 years ago, you will not be able to get disability benefits, no matter how much you paid into the system.  That money remains in the trust fund (pool) until you reach retirement age.

Your Date Last Insured (DLI) is the date you stopped being insured for disability claims with Social Security.  If a disability begins after the DLI, it is not covered.  This is one more good reason not to delay in filing a claim as soon as you feel you have become disabled.