Sponsored by the Forsythe Firm, a local disability advocacy firm specializing in Social Security disability. If your question isn't answered here, please call us FREE at (256) 799-0297.
Here
are answers to frequent questions about Social Security disability. If
your question isn't here, please call us free at (256) 799-0297.
Q. What are the basic requirements for SSDI benefits?
A.
You are not able to work and have a medically determinable impairment
which is expected to last for at least 12 consecutive months. There is
no short term disability with Social Security. 12 months is the minimum
duration.
Q. How long will it take to get benefits started?
A.
The typical application process takes 3 to 4 months. Unfortunately, a
lot of good claims are denied. If youare denied, the appeal can take up
to 2 years.
Q. What if I haven't worked in recent years? Can I still get Social Security disability benefits?
A.
It depends. For most people over age 40, the rule is that you must
have worked a total of 5 years out of the last 10 years. If you haven't
worked in the past 5 years, you may not have Social Security disability
coverage. Call the Social Security office to find out.
Q. How much is an SSDI benefit?
A.
It varies based on age, wage history, etc. The average American on
disability receives about $1,150 per month. Your benefit may be more or
less.
Q. I've heard that you need a lawyer to help you get SSDI. Is this true?
A.
You certainly do not need a lawyer to apply for disability benefits.
Unfortunately, however, up to 70 percent of applications are denied.
This requires an appeal and a hearing with an administrative law judge.
Most people choose to have representation when their case heads to a
judge. I think being unrepresented is a mistake but there is no
requirement that you have an attorney or representative.
Q. If I hire a representative to help me, how much will he/she charge?
A.
There is no fee for representation unless you win your claim and also
recover past due benefits. When this happens, your representative will
be paid a small percentage of your back pay settlement. He or she will
NOT be entitled on any part of your monthly benefits.
Q. I see a lot of late night TV ads about Social Security advocates. Should I hire one of these guys?
A.
You are entitled to get a representative of your choice. I can see
advantages to getting a local representative here in Huntsville. First,
he or she will be familiar with the local administrative law judges and
how they conduct their hearings. Second, you will get to meet your
representative on day one--not months from now when your hearing takes
place. Third, you may have more access to a local representative if you
have questions, need extra help or need to drop paperwork off at the
office.
Q.
I am still working because I can't afford to quit. However, I'm not
really able to work and my doctor agrees with me. May I file for
disability while I'm still working and quit after I get approved?
A.
No, that is not the way Social Security works. While that would make a
lot of sense, a person who is still working at 'substantial gainful
activity' (called SGA), will get a technical Step 1 denial by Social
Security, no matter how severe their medical condition. Part-time work
may be acceptable if you earn gross wages of less than $1,180 per month
(2018 amount).
_____________
Your question not answered? Call us
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PH (256) 799-0297
"Across from Bridge Street"
SOCIAL SECURITY JUSTICE - WEBSITE
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