DO YOU HAVE A DISABILITY OR AN UNEMPLOYMENT PROBLEM?

Many people who can't find work do not meet the legal definitions of disabled.  There are two primary reasons for not being able to work:
  
One reason is employment problems, which can be caused by any number of factors.  The economy is cyclical--it may be growing, stagnant or in recession.  A stagnant economy may offer relatively few jobs.  A recession is worse and may make it very difficult to find a job.  A person could be having problems finding work because he or she has no skills that are in demand, or because there are few jobs in the neighborhood.  These employment problems are not addressed by the Social Security Act and, unfortunately, no benefits are available for these type of problems.  It could be that a vocational rehabilitation counselor could suggest ways of overcoming these issues and helping the person find work.

A different type of problems occurs when a person is physically or mentally unable to hold a full-time job, even if there were jobs available.  This person likely meets the requirements set forth in the Social Security Act and may be entitled to monthly disability benefits.  The challenge here is proving that the person does meet the legal requirements for disability under the Act.  

Keep in mind that Social Security decision makers are legally required to ask and answer two very important questions before deciding whether you are disabled.  Those two questions are:

1. Are you able to perform any of your past relevant work?  This is work you have done during the 15 year period prior to filing your application for benefits?  If you can, you do not meet the legal definition of disabled.  The question is, "Are you able to work...," not "Can you get the work?"
2. Are you able to perform any other work that exists in the national, regional or local economy?  If you can, you are not legally disabled.  Perhaps this question is better understood if it is asked this way:  Could you perform any other work if you were able to find it?  Not being able to find work, or getting hired, comes under 'employment problems,' not disability, as discussed above.

An experienced disability specialist is best qualified to analyze your situation and determine your odds of getting disability benefits under the Social Security Act.  In short, he or she can determine if you meet the legal definition for disability and if you have enough medical evidence to prove it.  To discuss your situation with the Forsythe Firm, please contact us at (256) 799-0297 here in Huntsville.  (We serve all of North Alabama, and our Nashville office serves the state of Tennessee).

You may also contact us via the Internet.