Social Security is really not set up to pay disability benefits just because you file an application. In about 80 percent of cases, the application will be denied. This is standard operating procedure. Only the "squeekly clean" claims get approved, most get denied.
There is a process, however, to get many of these denials approved. That is the appeal process--where most benefits get approved--if they ever do.
After you receive that denial letter saying basically, "You are not disabled according to our rules," you need to file an appeal within 60 days. This deadline is very strict. Wait more than 60 days and you probably will lose your right to appeal.
The appeal can be filed online at www.socialsecurity.gov, by calling a local Social Security office and getting the paperwork, or by calling an attorney or disability advocate who handles appeals.
Filing an appeal heads you toward a hearing with a federal Administrative Law Judge (ALJ). It takes up to 18 months to get a hearing scheduled, after you file the appeal paperwork. This 18 month waiting period should be used to build your case.
The Administrative Law Judge will listen to your testimony, review all your medical evidence and give you a new decision. He or she is not bound by any decisions previously made by the Social Security Administration. The hearing will examine whether you meet the federal rules to receive a disability payment.
At most of these hearings, the claimant is represented by an attorney or representative. There are many advantages to this.
So, if you recently received a denial letter from Social Security, don't despair. Most people get these. The important thing is to take the next step and file an appeal. My firm will help file appeals with no upfront fee and no cost to you unless you win. When your claim is paid, Social Security will withhold our fee from your accumulated back pay and pay us directly. Fees are regulated by the Social Security Administration.
____________
The Forsythe Firm
Social Security Disability Representation
Applications * Hearings * Appeals * Free Consultations
PHONE (256) 799-0297
Monday, May 27, 2019
Saturday, May 25, 2019
THE JOB(S) OF A DISABILITY ATTORNEY OR ADVOCATE
If your Social Security disability claim has been denied and you filed an appeal on time, you are headed for a hearing before an Administrative Law Judge (ALJ).
If you come to the hearing unrepresented, the judge will want to postpone the hearing to give you time to find a representative to help you. This will cause an additional delay of 3 or 4 months.
Why do you need an attorney/representative at the hearing? The judge wants to be sure that your rights are protected and that you have adequate counsel at the hearing. The judge also wants someone who speaks his language. Social Security uses terminology all its own. When terms like AOD, DLI, Amended AOD, SGA, RFC, SVP, etc. are thrown around, the judge needs someone representing the claimant who understands the language. A local judge recently told a claimant, "Bring somebody who speaks my language."
Your representative is also responsible for preparing the case for hearing. You don't just walk into a hearing and find it has automatically prepared itself. The attorney or advocate has many jobs to get ready for the hearing:
1. He will obtain all your medical records and submit them.
2. He will read and analyze all of your medical records to see how they technically support a disability claim.
3. Your representative will seek to strengthen your case by obtaining opinion evidence from your doctor. This is called a Residual Function Capacity or Medical Source Statement.
4. Your attorney/representative knows the right questions to ask at the hearing. He/she also knows when to make an objection.
5. Your attorney/advocate is responsible for dealing with testimony from the expert witnesses that Social Security may bring to the hearing. There is always a vocational expert and sometimes a medical expert (doctor) present. You should not have to cross examine these experts yourself.
6. Your representative is responsible for helping you get all the benefits you are entitled to get. For example, you can lose thousands of dollars just by having your alleged onset date changed. Your representative understands the consequences of making changes to your case, even if those changes seem unimportant to you.
Unlike many areas of law, you never pay an attorney or advocate a fee for representation unless you win your case and receive retroactive or "back pay." If you lose, no fee is due. If a fee does become due, Social Security will withhold the fee and pay it to the representative directly. You never have to write a check.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE (WEBSITE)
If you come to the hearing unrepresented, the judge will want to postpone the hearing to give you time to find a representative to help you. This will cause an additional delay of 3 or 4 months.
Why do you need an attorney/representative at the hearing? The judge wants to be sure that your rights are protected and that you have adequate counsel at the hearing. The judge also wants someone who speaks his language. Social Security uses terminology all its own. When terms like AOD, DLI, Amended AOD, SGA, RFC, SVP, etc. are thrown around, the judge needs someone representing the claimant who understands the language. A local judge recently told a claimant, "Bring somebody who speaks my language."
Your representative is also responsible for preparing the case for hearing. You don't just walk into a hearing and find it has automatically prepared itself. The attorney or advocate has many jobs to get ready for the hearing:
1. He will obtain all your medical records and submit them.
2. He will read and analyze all of your medical records to see how they technically support a disability claim.
3. Your representative will seek to strengthen your case by obtaining opinion evidence from your doctor. This is called a Residual Function Capacity or Medical Source Statement.
4. Your attorney/representative knows the right questions to ask at the hearing. He/she also knows when to make an objection.
5. Your attorney/advocate is responsible for dealing with testimony from the expert witnesses that Social Security may bring to the hearing. There is always a vocational expert and sometimes a medical expert (doctor) present. You should not have to cross examine these experts yourself.
6. Your representative is responsible for helping you get all the benefits you are entitled to get. For example, you can lose thousands of dollars just by having your alleged onset date changed. Your representative understands the consequences of making changes to your case, even if those changes seem unimportant to you.
Unlike many areas of law, you never pay an attorney or advocate a fee for representation unless you win your case and receive retroactive or "back pay." If you lose, no fee is due. If a fee does become due, Social Security will withhold the fee and pay it to the representative directly. You never have to write a check.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE (WEBSITE)
Thursday, May 9, 2019
DANGER OF NOT BEING TRUTHFUL WITH SOCIAL SECURITY
Just spoke with a gentleman today who has been getting a Social Security disability benefit for 11 years.
He now has big trouble. He just got a letter from the Social Security Administration demanding that he repay them $36,000. They want their money.
How did he get in this awful fix?
By going back to work and continuing to cash his monthly Social Security disability checks each month, that's how.
He allowed Social Security to keep sending him a check each month, which he cashed, even though he wasn't entitled to the money.
It took years for Social Security to catch their mistake. But they finally did. They always do. Now, they want their money back. Of course, the gentleman doesn't have the money; he spent it.
This gentleman is calling all over town for a lawyer who can fix this mess for him. Nobody can fix it. He owes the money.
What's my point? If you receive a Social Security disability check and decide to return to work, that's fine. But you must notify Social Security that you have gone back to work. Depending on how much you earn, you may be disqualified from getting future Social Security checks. Do not just keep cashing the checks while you work.
This may result in an over payment of thousands of dollars in benefits, which the government will want repaid.
It's trouble nobody wants or needs. Be honest with Social Security. If you are working, tell them. Believe me, it's best for you.
He now has big trouble. He just got a letter from the Social Security Administration demanding that he repay them $36,000. They want their money.
How did he get in this awful fix?
By going back to work and continuing to cash his monthly Social Security disability checks each month, that's how.
He allowed Social Security to keep sending him a check each month, which he cashed, even though he wasn't entitled to the money.
It took years for Social Security to catch their mistake. But they finally did. They always do. Now, they want their money back. Of course, the gentleman doesn't have the money; he spent it.
This gentleman is calling all over town for a lawyer who can fix this mess for him. Nobody can fix it. He owes the money.
What's my point? If you receive a Social Security disability check and decide to return to work, that's fine. But you must notify Social Security that you have gone back to work. Depending on how much you earn, you may be disqualified from getting future Social Security checks. Do not just keep cashing the checks while you work.
This may result in an over payment of thousands of dollars in benefits, which the government will want repaid.
It's trouble nobody wants or needs. Be honest with Social Security. If you are working, tell them. Believe me, it's best for you.
GETTING DISABILITY APPROVED BECOMES HARDER IN OCTOBER 2019
It's difficult to get Social Security disability benefits.
Starting in October, it will be harder, and it will take longer.
This fall, Alabama joins the 49 other states in having to endure the process called Reconsideration. When Social Security rejects your application, you won't be able to file an immediate appeal, as you can now. You will have to endure six useless months of "Reconsideration."
So, what happens at "Reconsideration"? Nothing much. The same state agency that denied your application will spend several months reviewing their decision. Then, they will make the same decision again, another denial--but after several months of bureaucratic red tape and foot dragging.
So, starting this October, it isn't enough to be denied once. You must be denied twice before you can file an appeal.
Is there any realistic chance that "Reconsideration" will correct Social Security's mistake and clear you to get benefits? Not much. In the 40 states that currently have the "Reconsideration" process, it approves less than 5 percent (5 out of 100) claims being "reconsidered."
It's a big, useless waste of time. I think it's designed to stall and make the already snail-like claims process take even longer. Claimants die waiting on the Social Security process. More will die now.
The real danger is that every claimant has an expiration date upon which he or she loses disability insurance coverage. It's called "Date Last Insured" or DLI. If your DLI slips up on you while you are being "reconsidered," and then you fail to win your appeal, you will find it difficult or impossible to file a new claim.
Not only that, but the poor claimant who is eating dry dog food and sleeping in somebody's back yard just gets his day in court delayed for no good reason. Instead of taking 2 years to get a hearing, it will soon take two and one-half years.
I would normally suggest that my readers contact their member of Congress. But frankly, I don't think it will do any good. Congress obviously knows about this and most members have openly supported the additional delay. Congress gets their pay right on time. Nobody is delaying their pay for an additional 6 months.
If you are waiting on Social Security for your financial survival, it is desperate times. We will help you all we can. But the politicians and bureaucrats keep doing all in their power to keep you from getting your benefits.
Starting in October, it will be harder, and it will take longer.
This fall, Alabama joins the 49 other states in having to endure the process called Reconsideration. When Social Security rejects your application, you won't be able to file an immediate appeal, as you can now. You will have to endure six useless months of "Reconsideration."
So, what happens at "Reconsideration"? Nothing much. The same state agency that denied your application will spend several months reviewing their decision. Then, they will make the same decision again, another denial--but after several months of bureaucratic red tape and foot dragging.
So, starting this October, it isn't enough to be denied once. You must be denied twice before you can file an appeal.
Is there any realistic chance that "Reconsideration" will correct Social Security's mistake and clear you to get benefits? Not much. In the 40 states that currently have the "Reconsideration" process, it approves less than 5 percent (5 out of 100) claims being "reconsidered."
It's a big, useless waste of time. I think it's designed to stall and make the already snail-like claims process take even longer. Claimants die waiting on the Social Security process. More will die now.
The real danger is that every claimant has an expiration date upon which he or she loses disability insurance coverage. It's called "Date Last Insured" or DLI. If your DLI slips up on you while you are being "reconsidered," and then you fail to win your appeal, you will find it difficult or impossible to file a new claim.
Not only that, but the poor claimant who is eating dry dog food and sleeping in somebody's back yard just gets his day in court delayed for no good reason. Instead of taking 2 years to get a hearing, it will soon take two and one-half years.
I would normally suggest that my readers contact their member of Congress. But frankly, I don't think it will do any good. Congress obviously knows about this and most members have openly supported the additional delay. Congress gets their pay right on time. Nobody is delaying their pay for an additional 6 months.
If you are waiting on Social Security for your financial survival, it is desperate times. We will help you all we can. But the politicians and bureaucrats keep doing all in their power to keep you from getting your benefits.
Sunday, April 15, 2018
WHY ASK THE SAME QUESTIONS OVER AND OVER....?
If you have ever filled out Social Security disability forms, you are aware that they ask for the same information 5 or 6 times, sometimes with slightly different wording.
Is this a trick?
Probably not. It is most likely a result of inefficient government operations. The forms were developed over a period of years by many different bureaucrats. Each time a form was invented or revised, new questions were added. The result is that form 4 asks the same question that was also on forms 1, 2 and 3.
Is there a right way and wrong way to fill out these forms? Yes, there is. The best I can offer are some general tips or guidelines for completing these forms properly. I am referring here to forms such as the Application for Benefits, Function Report, Disability Report, Work History Report, etc.
Rule 1: Be honest. Don't exaggerate your symptoms or limitations. On the other hand, don't minimize your problems.
Rule 2: Try to be consistent. Don't say one thing on the application, something different on the Disability Report and yet something entirely different on the Function Report.
Rule 3: Be specific. Avoid terms like, "not much, not often, a little bit, sometimes, and a little while." Use phrases like "every 10 or 15 minutes, once or twice a week, about 30 minutes, or not more than 10 pounds."
Rule 4: Never skip a question just because you already answered the same question on another form. Do not say, "See my answer to question 4 on the Function Report," etc. If they ask the question 5 times, answer it 5 times.
Rule 5: Answer every question. When I review forms to take a case before a judge, I nearly always encounter forms that were not completed. Questions were skipped, or the claimant wrote "N/A" instead of an answer. Or, I encounter meaningless answers like "just a little while" or "not very often." Answer all the questions and put some real thought into them.
Here is an example of what I mean: The question asks, "How often do you leave your home? If you do not leave your home, explain why not."
POOR ANSWER: "Not very often." (No one knows what that means).
GOOD ANSWER: "About twice a month-- to the doctor or grocery store. I stay home most of the time because being in a public place increases my anxiety, causing panic attacks."
I count about 27 pages of forms in a Social Security application packet. Each page may contain anywhere from 6 to 15 questions. It will take hours to accurately and carefully fill out these forms. It is an odious chore, for certain. But you must fill them out.
Some attorneys or advocates will help you complete these forms. Others will want you to complete the forms yourself. You can understand that if an attorney earns $350 per hour, he may not want to invest 4 or 5 hours in filling out forms. But, if you find one that will, take advantage of it. (You cannot be charged just for help with filling out forms).
Here is why each form is important:
Is this a trick?
Probably not. It is most likely a result of inefficient government operations. The forms were developed over a period of years by many different bureaucrats. Each time a form was invented or revised, new questions were added. The result is that form 4 asks the same question that was also on forms 1, 2 and 3.
Is there a right way and wrong way to fill out these forms? Yes, there is. The best I can offer are some general tips or guidelines for completing these forms properly. I am referring here to forms such as the Application for Benefits, Function Report, Disability Report, Work History Report, etc.
Rule 1: Be honest. Don't exaggerate your symptoms or limitations. On the other hand, don't minimize your problems.
Rule 2: Try to be consistent. Don't say one thing on the application, something different on the Disability Report and yet something entirely different on the Function Report.
Rule 3: Be specific. Avoid terms like, "not much, not often, a little bit, sometimes, and a little while." Use phrases like "every 10 or 15 minutes, once or twice a week, about 30 minutes, or not more than 10 pounds."
Rule 4: Never skip a question just because you already answered the same question on another form. Do not say, "See my answer to question 4 on the Function Report," etc. If they ask the question 5 times, answer it 5 times.
Rule 5: Answer every question. When I review forms to take a case before a judge, I nearly always encounter forms that were not completed. Questions were skipped, or the claimant wrote "N/A" instead of an answer. Or, I encounter meaningless answers like "just a little while" or "not very often." Answer all the questions and put some real thought into them.
Here is an example of what I mean: The question asks, "How often do you leave your home? If you do not leave your home, explain why not."
POOR ANSWER: "Not very often." (No one knows what that means).
GOOD ANSWER: "About twice a month-- to the doctor or grocery store. I stay home most of the time because being in a public place increases my anxiety, causing panic attacks."
I count about 27 pages of forms in a Social Security application packet. Each page may contain anywhere from 6 to 15 questions. It will take hours to accurately and carefully fill out these forms. It is an odious chore, for certain. But you must fill them out.
Some attorneys or advocates will help you complete these forms. Others will want you to complete the forms yourself. You can understand that if an attorney earns $350 per hour, he may not want to invest 4 or 5 hours in filling out forms. But, if you find one that will, take advantage of it. (You cannot be charged just for help with filling out forms).
Here is why each form is important:
- The Application provides basic information: name, address, phone number, employers, list of medical conditions, etc.
- The Disability Report contains your medical information, including all the doctors and providers you have seen, medications you take, etc. Social Security uses this to order your medical records.
- The Function Report provides a picture of your daily activities: what you can do, what you cannot do. This form will show your restrictions in your various activities. In short, it is a picture of your disability.
- Work History Report helps Social Security properly classify all your past jobs according to (a) skill level and (b) exertion requirements. That's why you must, must, must fill in all those questions about sitting, standing, walking, stooping, reaching, handling, kneeling, climbing, writing, etc. If you don't, your job will get improperly classified and can cause you to be denied unfairly.
Saturday, April 14, 2018
ESSENTIAL SERVICES OF A DISABILITY ADVOCATE OR REPRESENTATIVE
When your disability claim is denied, as about 75 percent are, you will eventually go before an administrative law judge for a hearing. If you show up unrepresented, the judge's clerk will advise you to seek representation. You will be offered the opportunity to postpone your hearing to seek representation for the hearing.
Legal representation is highly desired. And it makes sense when you think about the services offered by your representative or advocate:
1) Making sense of the Social Security rules and regulations. The judge must act according to the law. Presenting your case in a way that follows the laws is essential.
2) Analysis of the medical records, finding both the good and the bad--evidence that supports an approval--and evidence that may pose a problem. Your representative will know how to use the evidence. He/she will seek out new evidence to support your claim.
3) Applying technical rules to give you a better chance, such as using the Medical-vocational or Grid rules to help you; using the Listings to show that you are disabled.
4) Helping you complete the piles of forms, questionnaires, interrogatories, and supporting documents.
5) Making sense of technical issues: Alleged Onset Date, Date Last Insured, Duration Requirement, and all the other rules.
6) Handling testimony from the vocational expert, who is always present for a hearing (called by Social Security). This testimony poses the greatest danger to losing your benefits.
7) And very important....making sure you get every dollar of back pay you deserve.
HOW REPRESENTATION WORKS:
You pay nothing for representation unless you win your claim. If you win and receive back pay, you keep 100 percent of your monthly benefit. Social Security will pay the representative's fee, using a small percentage of the back pay. If your claim is not decided in your favor, or if you do not receive back pay, you will not be charged a legal fee at all. This is called a "contingency fee" arrangement - You pay only if you win.
___________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
Legal representation is highly desired. And it makes sense when you think about the services offered by your representative or advocate:
1) Making sense of the Social Security rules and regulations. The judge must act according to the law. Presenting your case in a way that follows the laws is essential.
2) Analysis of the medical records, finding both the good and the bad--evidence that supports an approval--and evidence that may pose a problem. Your representative will know how to use the evidence. He/she will seek out new evidence to support your claim.
3) Applying technical rules to give you a better chance, such as using the Medical-vocational or Grid rules to help you; using the Listings to show that you are disabled.
4) Helping you complete the piles of forms, questionnaires, interrogatories, and supporting documents.
5) Making sense of technical issues: Alleged Onset Date, Date Last Insured, Duration Requirement, and all the other rules.
6) Handling testimony from the vocational expert, who is always present for a hearing (called by Social Security). This testimony poses the greatest danger to losing your benefits.
7) And very important....making sure you get every dollar of back pay you deserve.
HOW REPRESENTATION WORKS:
You pay nothing for representation unless you win your claim. If you win and receive back pay, you keep 100 percent of your monthly benefit. Social Security will pay the representative's fee, using a small percentage of the back pay. If your claim is not decided in your favor, or if you do not receive back pay, you will not be charged a legal fee at all. This is called a "contingency fee" arrangement - You pay only if you win.
___________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
Sunday, April 8, 2018
BASIC SSDI REQUIREMENTS - ALABAMA CLAIMS
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.
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.
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