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.
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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.
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