FILING FOR DISABIILTY? WHAT TO EXPECT

My firm represents claimants who file for Social Security disability benefits in Huntsville, Athens, Decatur, Cullman -- all over North Alabama.  I want to give you a brief outline of what to expect when you file a Social Security disability claim in Alabama.

Filing.  There are several ways you can file a Social Security Disability Insurance (SSDI) claim.  Online, by phone, or at the local Social Security office.  Beware that offices have cut their operating hours.  They are now open M,T, Th. and F from 9 AM to 3 PM, and on Wednesdays from 9 AM to noon.  If you don't want to handle the claim yourself, you can also get an attorney or representative, such as myself, to file the claim for you and deal with the government for you.  There is no fee for this service unless you become eligible for back pay and collect back pay.

Beginning Process.  The local Social Security office will gather your forms and information, even if you file on the internet.  After a few weeks, they will forward your application to a state agency called the Disability Determination Service (DDS) in Birmingham. 

DDS Process.   DDS is a state agency under contract to Social Security.  DDS will obtain your medical records and review your medical condition, past work, education, training and skills.  They will make the initial decision on whether you meet Social Security's definition of disabled.  The local SSA office will then send you a letter telling you the decision. Usually, about 4 months have passed since you filed your application.  In Alabama, just over 70 percent of decisions are denials at this stage.  If you get a denial letter, remember the affair is not over.  You have 60 days to file an appeal and potentially still win your claim.

Appeal.  Most successful SSDI claims must go to appeal.  You must file a separate document for an appeal.  I believe it is especially important at this stage to hire professional help from someone who knows Social Security law, rules of evidence, and proceedings.  In the absence of unusual circumstances, it takes about 12 months to get a hearing scheduled.  Then, you and your representative will appear before a judge who has the power to make a new decision on your case.  The following factors will be considered carefully during the appeal hearing (which lasts about 1 hour):

• How do your medical condition(s) limit your ability to perform work activities?
• What was the nature and classification of your past relevant work?
• Your age and education play an important part in this decision.
• Whether you are limited to unskilled work is a vital consideration.
• Can you still perform any of your past relevant work?
• Is there any other work in the local, regional or national economy that you can perform?
• Do you meet one of the Social Security Listings?  (An automatic approval)
• Do one of the Medical-Vocational Guidelines direct a finding of disabled?

There are 2 professionals in the typical hearing that will have great input into the decision about whether or not you are disabled.  One is the administrative law judge, who has a law degree and several years of experience as a judge.  The other is a "vocational expert," usually a vocational rehabilitation counselor, who will provide testimony about jobs you may still be able to perform in the national, regional or local economy.  The vocational expert will usually have a masters or doctoral degree and years of experience as a vocational rehabilitation counselor.

PART TWO:

As those things are quickly unfolding around you, can you imagine sitting there quite alone and wondering what these 2 professional people are going to do with your case?  Well, you should not be alone.  There needs to be a third professional person in that court.  That third person should be your your legal representative.  That representative should be there to look out for your interests.  (S)he should be there to ask the tough questions of the vocational expert.  

For example, here are just a few of the questions I would ask on behalf of my client at such a hearing, as the need arose:

• Did the previous job qualify as past relevant work?  (There are qualifications that must be met; just because someone worked does not mean it was 'past relevant work').
•  Was past relevant work, as actually performed, really skilled (or semi-skilled) work?
• If the claimant can only perform unskilled, sedentary work, doesn't that limit the ability to work?
• What exactly are the requirements for sedentary level work?
• Does the inability to sit for ___ minutes prevent sedentary level work?
• Does not Medical-Vocational Rule ______ direct a finding of disabled here?
• If my client must be absent more than 3 days per month due to medical reasons, what impact will that have on the occupational base for the job(s) proposed by the vocational expert?

There are dozens of other questions that a trained representative may need to ask during a hearing.  The claimant cannot be expected to know all of this information, for that is not his job. 80 percent of claimants who go into a Social Security hearing are represented.  It is my feeling that the other 20 percent should be. 

Finally, let me say that I or one of our trained professionals at the Forsythe Firm are always available to answer your questions about Social Security disability (SSDI) or SSI claims.  If you are not represented by another attorney or advocate, we will be happy to talk to you at no cost or obligation.  (If you are already represented, please speak to your own counsel about your claim).