If you live in Alabama and need Social Security disability benefits, there are some basic rules that you must meet. In addition to having worked long enough (and recently enough) to be covered by the Social Security Act, you also must have a severe medical impairment that has lasted for at least 12 consecutive months, is expected to last for 12 consecutive months, OR to end in death.
Then, the following 2 rules will apply generally:
UNDER AGE 50 AT THE DATE OF DISABIITY: You must be unable to perform any of your past relevant work and any other work which exists in the national economy. This is a very high standard to meet. Basically, you have to prove that you cannot do simple, entry level sedentary or light work (often minimum wage jobs) that can be performed sitting down. This is a very high burden to meet.
OVER AGE 50: If your impairments are physical (exertional), it may be sufficient to prove that you cannot perform any of the work you have done during the previous 15 years. So, obviously, the rules are relaxed a bit for persons who are 50 and over. For these individuals, it's more about the work you have performed during the 15 years before you file for disability.
What if you are under age 50 but unable to work?
You may still be able to get disability benefits by proving that your impairment is so severe that you cannot sustain even simple, unskilled, entry level jobs that are available in the national economy.
It will be most helpful if your doctor will complete a form called a "Medical Source Statement" for you. This form estimates the function you have remaining in terms of such things as sitting, standing, walking, bending, lifting, memory, concentration, etc.
What are some things Social Security will NOT consider about your ability to work?
- You can't find a job or nobody will hire you.
- There are none of these jobs in your community.
- You have transportation issues (can't drive).
- You don't have skills for a lot of work available in the national economy (You can still do unskilled work).
- Some companies have told you that you'd be "a liability" to them.
Putting together a winning Social Security claim is rather complicated and takes some skills, especially at the appeal level. Consider an attorney or non-attorney disability specialist who will represent you with no upfront cost and with a contingeny fee--meaning, you pay a fee only if Social Security approves your case and awards back pay.
"Bottom line, to get disability benefits, you have to prove that a medical disability prevents you form performing any full-time work. The rules are a little easier for persons age 50 and over."
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
PH (256) 799-0297
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