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:
- 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.
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"
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.
Social Security does not have a short-term disability plan. To get a benefit, the claimant must be unable to work for a period of not less than 12 consecutive months. And this disability must be the result of at least one severe impairment that has lasted, or is expected to last, for at least 12 consecutive months.
Does this mean that you must wait 12 months before applying for disability benefits? No, it does not. It means that your impairment must reasonably be expected to prevent you from working for at least 12 months.
A good example of something not covered would be an accident from which you are expected to recover in a few months. Let's say an individual is hurt in a car wreck, has a broken leg and requires surgery followed by physical therapy. He is out of work for 5 or 6 months. However, at the end of 6 months he can return to work. This would not be covered by Social Security because the impairment didn't last 12 straight months.
However, another person has severe back and leg pain caused by a nerve impingement in the spine. She struggles to keep working but finally has to stop because she can't endure the pain caused by prolonged sitting, standing, walking or lifting. This is a chronic condition, expected to last for an indefinite time and the doctors do not have a plan to fix the problem. This person may qualify for SSDI because the impairment can be reasonably expected to last 12 straight months or more.
I might note that once the 12-month duration requirement is met, age plays a huge role in the determination. Individuals under age 50 are expected to adapt to less physically demanding jobs and stay in the workforce, if possible. Persons age 50 and over may be judged based on their ability to perform only their past relevant work--i.e., full-time jobs they have held during the past 15 years.
Do you have a disability claim that bears a reasonable chance of approval? It may be useful to speak to an attorney or non-attorney disability advocate who handles Social Security cases for a free evaluation. This professional will look at your medical condition, age, past work history and education--to analyze your odds of a successful SSDI claim. There is never a cost for this evaluation.
___________
The Forsythe Firm
Social Security Disability Representatives
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
*Not affiliated with the US Social Security Administration; we work for you.
I'm not sure the judge thinks of them as trick questions. But they can sure trick you up and lead you down the wrong path. These questions can hurt your chance of being approved for disability benefits. There are dozens of them but let me share a few of the common questions.
QUESTION 1: "Why did you stop working?" Or, "How did your last job end?"
If you can't honestly answer, "I became unable to do my work," you are not a good candidate for Social Security disability. Remember that SSDI is a disability program. It pays for disability and nothing else. It does not pay for getting laid off, being unable to find work, plant closings or leaving the job for any reason besides disability.
QUESTION 2: "After you left your job at (Employer), did you look for any other work?" The real question is, did you feel you were able to perform some other work? If so, it's natural that you looked for work. This may indicate that at least you felt that you were able to work. Of course, it may also indicate that you were desperate for income and needed to work. Many disabled people engage in wishful thinking, not yet ready to admit that they are unable to work. So, they look for work that they couldn't sustain, even if they found it.
QUESTION 3: "If you had a job that did not require much standing or walking, did not require much lifting or stooping, and involved performing only simple tasks, do you think you could do that kind of work?"
This question makes the job sound easy enough. Keep in mind, however, that Social Security's definition of "work" is 8 hours per day, 5 days per week, "on a regular and continual basis." If there would be two or more days per week that your symptoms would make you unable to report to work, you are technically disabled under Social Security rules. Also, the above hypothetical job fails to take into account any non-exertional limitations--such as poor memory, inability to understand, remember or carry out simple instructions--or to concentrate up to two hours at a time and for an 8-hour day. It also does not address any special accommodations you would need from your employer--extra or longer breaks, a highly structured work environment--or others. So, you need to analyze this question carefully before answering it.
I always advise my clients to testify honestly and truthfully. It is, therefore, necessary to understand the questions and how they are framed before answering. Never be reluctant to ask that a question be explained or clarified before you attempt to answer.
__________
THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
Phone: (256) 799-0297
