SOCIAL SECURITY DISABILITY IS A HARD ROAD

Social Security disability is a hard process.  It's meant to be.  It gets harder every year.

 I frequently get calls from individuals who are still working but they are struggling.  Many feel that they are forced to work because they have no alternative.  It is difficult to tell a person that Social Security offers no benefit while they are still gainfully employed.  If someone works and earns at least $1,310 per month in 2021, there is no chance of a disability benefit, no matter how sick the person is.

 It's also important to note that Social Security does not pay the first 5 months of a disability period.  This is due to the mandatory 5-month waiting period for all SSDI claims.  So, after you stop working, there can't be a check from Social Security for at least 6 months, if everything goes well and your claim is approved right away.  You must be prepared to go 6 months or more with little or no income.

Not being able to perform your past work is not enough to get SSDI benefits.  Depending on your age, Social Security will consider your ability to perform other jobs, including sedentary, simple and unskilled work.  This includes very low paying jobs that many people would not want to accept.  A claimant who is age 55 or over can usually get around this "other work" requirement.

Unless you meet one of Social Security's Listings, from the Blue Book, you will have to prove functional limitations that make it impossible to work.  By functional limitations I mean things like walking, sitting, standing, bending, lifting/carrying, concentrating, remembering, etc.  It helps to get a Residual Functional Capacity opinion from one of your treating doctors.  It isn't enough to allege functional limitations, they must be proven with objective medical evidence.

If you go before an administrative law judge (ALJ) and say, "I can't stand longer than 15 minutes," the Judge will say, "Show that to me in your medical record."  Or, if you say, "I don't think I can lift more than 10 pounds," the judge may respond, "Where in the medical record do we find an impairment that limits you to lifting 10 pounds?"  The medical record must support your alleged limitations.

When we represent a disability claimant, we look for ways to get him/her approved. Then we work toward that goal.  I've seen national data that suggest only 34 percent of claimants without legal representation get approved, while 60 percent who have representation are approved.  We will provide you with a free case evaluation at no cost or obligation.  Do you have a case that can be won?  Find out.  Call the Forsythe Firm in Huntsville, AL for a free consultation.  Reach out at (256) 799-0297.