What are the basic requirements for Social Security disability (SSDI) in Alabama?
You must have a severe, medically determinable impairment that has lasted or is expected to last for at least 12 consecutive months--OR to end in death.
This sounds rather simple, but let me add a few comments because it's not as simple as it sounds.
"Medically determinable" means you must have adequate medical records to prove your severe impairment. These records should be current or up to date.
At least one severe impairment must have lasted for 12 consecutive months (making you disabled for a full 12-month period)--OR it must be a terminal illness expected to end in death. Short term disabilities are not covered by SSDI.
This definition implies that the claimant has been unable to work for 12 consecutive months (or will be)--and that he/she is not presently working at "substantial gainful activity (SGA)." In 2018, SGA is defined as earning wages of at least $1,180 per month, which would include self-employment income."
Basically, Social Security will look for a medical impairment (physical and/or mental) so severe that the claimant is not able to work for a period of at least 12 consecutive months. They will expect this claim to be supported by medical evidence which shows the (a) onset/start (b) severity and (c) treatment of the impairment(s).
Social Security will want to see severe limitations in function--that is, in the ability to perform work-related activities: sitting, standing, walking, bending, lifting, etc. If there is a psychological impairment, they will want evidence of the inability to perform the mental functions of work.
HOW LONG DOES A DISABILITY APPLICATION TAKE?
A. The initial Application. It takes 90 to 120 days to get the initial application processed and get a decision.
B. The Appeal. If the initial application is denied and a hearing is required, it is now taking 20 to 24 months to get before an administrative law judge for a hearing.
Yes, this is a ridiculously long time to wait for your claim to be decided. But it is the reality, given the extreme backlog in Social Security disability applications and appeals right now.
No comments:
Post a Comment