DISABILITY CLAIMS PROCESS IN HUNTSVILLE

What happens when you file a Social Security disability claim in the Huntsville area?  First, Social Security gathers all of the forms and personally identifying information, including your application.  Then, this is forwarded to a contracted state agency in Birmingham known as the Disability Determination Service (DDS).  DDS will request medical records and usually send the claimant more forms from which it will gather additional medical and vocational evidence.  It takes up 120 days for DDS to give you a decision on your initial claim.  At present 70.1% of initial applications are denied.  The common reason for denial:  "You are not disabled according to our rules."  We won't discuss reasons for this here but you may want to read another post I have titled "Why Disability Denial Rates are High in Alabama."


Once denied by DDS, the claim must be appealed with 60 days or it dies forever.  When appealed, your claim moves back to the Social Security Administration - to a division called the Office of Disability Adjudication and Review (ODAR).  Claims from the Huntsville and North Alabama area generally are assigned to the ODAR office in Florence, AL or the office in Franklin, TN.   Once it arrives at ODAR and is logged in and acknowledged, your claim typically goes into a "long sleep" where not much happens for about 10 to 12 months.  You are waiting your turn in line to get a hearing before an administrative law judge.


This period of seeming inactivity on your claim, however, if very important.  It is during these months that the claimant or representative should be building the case:  collecting and submitting additional medical and vocational evidence, forming a winning strategy, making motions for certain decisions that may speed up the claim, etc.  


After about a year (time varies by hearing office), the claimant will receive a notice that the hearing has been scheduled.  At the hearing, the claimant and his/her representative will sit before a Social Security judge, answer questions, explain their case and give testimony. A vocational expert called by Social Security will provide information about the claimant's past work and any other work that the claimant may still be able to perform.  Sometimes the judge may issue a bench decision on the spot.  Usually, however, the judge will send a written decision by mail in 4 to 6 weeks after the hearing.


Best advice?  Appeal any denial within 60 days in writing.  Be sure certain all of your doctors have submitted complete records.  Make sure that, in addition to routine medical records, you have written medical documentation for restrictions of physical and/or emotional activities:  such as standing, lifting, carrying, walking, sitting, bending, reaching, etc.   Emotional limitations could include the ability to concentrate or focus, follow simple directions, get along with supervisors or co-workers.  Have your doctor answer the question, "Can this patient work 8 hours per day, 5 days per week, 52 weeks per year?"  That's called "persistence and pace."  Many people can work some days but not 5 days per week, and not 8 hours per day.  If you cannot and can prove it with good medical documentation, you should prevail in a Social Security disability hearing.


If you are unrepresented and need help with a Social Security application or appeal, we would welcome your call at (256) 799-0297.  You may visit us at www.forsythefirm.com for a look at our firm.  We are located across from the Bridge Street Mall in Huntsville in Cummings Research Park - 7027 Old Madison Pike, Suite 108, Huntsville, AL 35806.