The Forsythe Firm in Huntsville works with dozens of disability applicants each week, either filing new claims or handling appeals and hearings.
We want to provide some guidance on the disability process, which can be mysterious and confusing.
WHO CAN APPLY?
Anyone who has not yet reached full retirement age may apply for Social Security disability if they have worked enough (and recently enough) to have minimum work credits. Before you apply, however, you should explore the basic requirements for getting a disability benefit to see if it is worth the time and effort to apply and appeal.
WHEN SHOULD YOU APPLY?
We recommend you apply as soon as you believe you have a severe medical condition which will prevent you from working for at least 12 straight months. You may apply online, at the local Social Security office, or by going through a local disability attorney or "advocate" for help. Keep in mind that disability benefits expire, so don't wait too long.
WHAT IMPAIRMENTS CAN BE APPROVED?
You may be approved for any severe physical and/or mental impairment if severe enough to prevent you from performing full-time work. The most common award is for diseases of the musculoskeletal system (back or spine impairments), followed by a variety of psychological impairments. Many other conditions also qualify if severe.
MUST YOU HAVE MEDICAL EVIDENCE?
Yes, under the law, Social Security cannot approve disability payments without medical evidence. If you are being treated by a doctor or healthcare professional, Social Security will order the records that you tell them about. Some claimants who have no medical insurance may not be able to afford medical treatment. It's recommended that these individuals seek treatment from a community clinic, health department or other service providing free or reduced cost treatment for the uninsured.
DO MOST PEOPLE GET DENIED AT FIRST?
Yes, unfortunately about 70 to 80 percent of applications will be denied at the first stage. You should appeal this denial and ask for "Reconsideration." Over 90 percent of these appeals will also be denied. Then, you appeal again and ask for a hearing before an Administrative Law Judge (ALJ). The hearing is where you have the best chance of being approved. It is a rather long, complicated process that requires you to stick with it for months or years to get your benefits. Those who eventually get paid are those who file appeals ON TIME and simply refuse to give up until they get before a judge.
DO YOU NEED HELP?
Most claimants will choose to be represented by a good disability attorney or advocate, especially in the appeals process. The appeals are so complex and take you before a judge. It's just a good idea to have an expert who knows the system, knows the law, and understands the process to guide you along. And you can't be charged a legal fee unless you win and also collect back pay on your case.
HOW LONG WILL IT TAKE?
Many people wait months or years to get approved. A few applicants who have very obvious, very serious impairments, may get approved within 3 to 6 months. Many others will have to wait over a year and have a hearing. Social Security is really not designed to be a fast, speedy process--and it is not.
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