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.
THE DURATION REQUIREMENT FOR DISABILITY
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.
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.
TRICK QUESTIONS AT SOCIAL SECURITY HEARINGS
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
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
Saturday, March 3, 2018
SHOULD YOU HAVE A SOCIAL SECURITY DISABILITY HEARING BY VIDEO?
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
Saturday, October 1, 2016
WHY WORRY ABOUT 'SUBSTANTIAL GAINFUL ACTIVITY'
You have applied for Social Security Disability (SSDI) benefits. The first thing they want to know is whether you are now working at 'substantial gainful activity'
or SGA for short. If you are, you are not entitled to benefits no matter how severe your impairments are.
What is SGA, anyway, and why the big fuss? Social Security takes the attitude that if a person is engaged in substantial work activity they are definitely not disabled under the law, not entitled to any SSDI or SSI benefit.
In 2016, you are performing substantial gainful activity if you are working and earning at least $1,130 from this work (before tax).
Note: It is not the income that is disqualifying, it is the work activity.
There are no means tests (financial tests) for SSDI benefits. An individual does not have to be poor to get SSDI. For example, a person might receive a pension or private retirement income and still get SSDI. He or she might receive child support payments, alimony, annuities, or income from investments or rental properties, and still qualify for SSDI. But if that income comes from working, whether salary, wages, commissions, tips, or whatever--then $1,130 per month is the limit.
So, the first thing Social Security will look at is the work activity that the claimant is now performing. Does it rise to the level of substantial gainful activity? If not, the case can go forward. If the claimant is engaged in SGA, however, the claim stops at step 1. The medical evidence will not even be considered.
Common Question: "I am still working full time. However, I am being forced into medical retirement in 6 months because of my poor health. May I apply for SSDI now, so the benefit can be ready when I actually stop working in 6 months?" ANSWER: Unfortunately, no. Social Security will look at your work as of the application date. You cannot be approved for a future disability, even if you know when you will stop working.
NOTE: There are special rules for Wounded Warriors, disabled veterans who became disabled while in active military service. They may be able to apply for SSDI while still receiving active military pay if they are unable to perform their job duties.
or SGA for short. If you are, you are not entitled to benefits no matter how severe your impairments are.
What is SGA, anyway, and why the big fuss? Social Security takes the attitude that if a person is engaged in substantial work activity they are definitely not disabled under the law, not entitled to any SSDI or SSI benefit.
In 2016, you are performing substantial gainful activity if you are working and earning at least $1,130 from this work (before tax).
Note: It is not the income that is disqualifying, it is the work activity.
There are no means tests (financial tests) for SSDI benefits. An individual does not have to be poor to get SSDI. For example, a person might receive a pension or private retirement income and still get SSDI. He or she might receive child support payments, alimony, annuities, or income from investments or rental properties, and still qualify for SSDI. But if that income comes from working, whether salary, wages, commissions, tips, or whatever--then $1,130 per month is the limit.
So, the first thing Social Security will look at is the work activity that the claimant is now performing. Does it rise to the level of substantial gainful activity? If not, the case can go forward. If the claimant is engaged in SGA, however, the claim stops at step 1. The medical evidence will not even be considered.
Common Question: "I am still working full time. However, I am being forced into medical retirement in 6 months because of my poor health. May I apply for SSDI now, so the benefit can be ready when I actually stop working in 6 months?" ANSWER: Unfortunately, no. Social Security will look at your work as of the application date. You cannot be approved for a future disability, even if you know when you will stop working.
NOTE: There are special rules for Wounded Warriors, disabled veterans who became disabled while in active military service. They may be able to apply for SSDI while still receiving active military pay if they are unable to perform their job duties.
PROBLEMS YOU WILL HAVE WITH SOCIAL SECURITY DISABILITY
Social Security's in-house legal system, the Office of Disability Adjudication and Review, is larger than the entire regular federal court system, including the district courts, appeal courts and Supreme Court put together. When you file an appeal on a Social Security disability claim you take a number that puts you at the back of the line. There are more than 1 million people ahead of you. Your wait time will be about 15 months for a hearing.
Claimants sometimes die waiting to get a hearing. My office has lost two clients in the last 3 months who died while waiting for a hearing. There is nothing we, or anyone else, can do to speed things up.
Upon filing an initial application for disability benefits, there is only a 3 out of 10 chance of being approved. The others must appeal and wait 15 months for a hearing.
At the hearing, you will have to prove to an administrative law judge with no medical training that you are really disabled. The vocational "Bible" that they use is called the Dictionary of Occupational Titles (DOT), an outdated relic from the Great Depression, last published in 1991. It still lists such jobs as mule driver, horse and wagon driver, switchboard operator and telegraph deliverer. (Western Union sent its last telegraph in 2006). The DOT doesn't mention the internet at all.
By law, you have prove your disability with medical records. Doctor's records often look like careless chicken scratches. Maybe a drunken chicken. The judge will spend hours trying to read the records and decide whether you meet the legal definition of disabled or not. In 58 percent of cases, they will decide that you are not.
At the hearing, you may also have to deal with technical issues involving things like alleged onset date, date last insured, substantial gainful activity, past relevant work or whether alcohol or substance abuse is material to your case.
Enter the disability attorney or representative. He or she has been trained and experienced to sit by the claimant's side and help wade through the technicalities, explaining to the judge why you are entitled to benefits. Much of the representative's work took place in the months before the hearing--complex and delicate planning that, hopefully, will allow the hearing to go smoothly and result in a favorable decision.
That favorable decision, by the way, will come with an annual benefit for the average claimant amounting to about $14,000 cash per year. It will also provide Medicare (or in some cases Medicaid) health insurance that will allow many claimants the first opportunity for medical care since they lost their ability to work. The lifetime value of an SSDI award has been estimated between $300,000 and $411,000, not counting the medical insurance benefits.
If you are unable to work and have been denied SSDI benefits, please contact the Forsythe Firm in Huntsville, AL. PHONE (256) 799-0297.
Free initial consultations and answers to your questions. Never any cost to you until you win and are paid past due benefits. Call (256) 799-0297.
Claimants sometimes die waiting to get a hearing. My office has lost two clients in the last 3 months who died while waiting for a hearing. There is nothing we, or anyone else, can do to speed things up.
Upon filing an initial application for disability benefits, there is only a 3 out of 10 chance of being approved. The others must appeal and wait 15 months for a hearing.
At the hearing, you will have to prove to an administrative law judge with no medical training that you are really disabled. The vocational "Bible" that they use is called the Dictionary of Occupational Titles (DOT), an outdated relic from the Great Depression, last published in 1991. It still lists such jobs as mule driver, horse and wagon driver, switchboard operator and telegraph deliverer. (Western Union sent its last telegraph in 2006). The DOT doesn't mention the internet at all.
By law, you have prove your disability with medical records. Doctor's records often look like careless chicken scratches. Maybe a drunken chicken. The judge will spend hours trying to read the records and decide whether you meet the legal definition of disabled or not. In 58 percent of cases, they will decide that you are not.
At the hearing, you may also have to deal with technical issues involving things like alleged onset date, date last insured, substantial gainful activity, past relevant work or whether alcohol or substance abuse is material to your case.
Enter the disability attorney or representative. He or she has been trained and experienced to sit by the claimant's side and help wade through the technicalities, explaining to the judge why you are entitled to benefits. Much of the representative's work took place in the months before the hearing--complex and delicate planning that, hopefully, will allow the hearing to go smoothly and result in a favorable decision.
That favorable decision, by the way, will come with an annual benefit for the average claimant amounting to about $14,000 cash per year. It will also provide Medicare (or in some cases Medicaid) health insurance that will allow many claimants the first opportunity for medical care since they lost their ability to work. The lifetime value of an SSDI award has been estimated between $300,000 and $411,000, not counting the medical insurance benefits.
If you are unable to work and have been denied SSDI benefits, please contact the Forsythe Firm in Huntsville, AL. PHONE (256) 799-0297.
Free initial consultations and answers to your questions. Never any cost to you until you win and are paid past due benefits. Call (256) 799-0297.
GETTING SSDI DISABILITY IN ALABAMA
The Forsythe Firm has helped disabled clients win an estimated $200 million in Social Security benefits.*
The firm will provide you with a free consultation. If we represent you, you will never pay a fee or expense until you have won your case and been awarded back payments.
Social Security has 2 programs: SSDI for individuals with a qualifying recent work history and SSI (a disability program for low income individuals).
You may qualify for SSDI if you......
___ Worked until at least 2010.
___ Are not presently working with substantial wages
___ Have a severe medical condition that will last at least 12 consecutive months (physical or mental).
Have consistent and recent medical records.
You might also qualify for SSDI widows or widowers benefits on a deceased spouse's work record.
Dependent children of the disabled worker may also be eligible for benefits if they are under age 19 and have not graduated high school.
Be aware that according to Social Security, almost 70 percent of disability applications are denied. There is no "Reconsideration" process in Alabama. If you are denied, you request a hearing with an administrative law judge within 60 days of the denial letter. At the hearing, the average approval rate is higher, especially with experienced representation.
The Forsythe Firm will answer questions about your disability and offer a free case evaluation. If we agree to represent you, we will guide you toward properly filing an application, help you obtain medical evidence, prepare any appeals necessary and attend hearings as your representative. Initial consultations are free. There's never a charge unless you receive past due payments.
Location: We are directly in front of the Bridge Street Town Center at 7027 Old Madison Pike NW, Suite 108, Huntsville, AL 35806, a few miles east of the airport. Convenient to Madison and I-565. PHONE (256) 799-0297.
____________
*Includes past due benefits and average lifetime benefits. The Forsythe Firm is a private professional firm not affiliated with the US Government or the Social Security Administration. No guarantee is made as to the outcome of any case.
The firm will provide you with a free consultation. If we represent you, you will never pay a fee or expense until you have won your case and been awarded back payments.
Social Security has 2 programs: SSDI for individuals with a qualifying recent work history and SSI (a disability program for low income individuals).
You may qualify for SSDI if you......
___ Worked until at least 2010.
___ Are not presently working with substantial wages
___ Have a severe medical condition that will last at least 12 consecutive months (physical or mental).
Have consistent and recent medical records.
You might also qualify for SSDI widows or widowers benefits on a deceased spouse's work record.
Dependent children of the disabled worker may also be eligible for benefits if they are under age 19 and have not graduated high school.
Be aware that according to Social Security, almost 70 percent of disability applications are denied. There is no "Reconsideration" process in Alabama. If you are denied, you request a hearing with an administrative law judge within 60 days of the denial letter. At the hearing, the average approval rate is higher, especially with experienced representation.
The Forsythe Firm will answer questions about your disability and offer a free case evaluation. If we agree to represent you, we will guide you toward properly filing an application, help you obtain medical evidence, prepare any appeals necessary and attend hearings as your representative. Initial consultations are free. There's never a charge unless you receive past due payments.
Location: We are directly in front of the Bridge Street Town Center at 7027 Old Madison Pike NW, Suite 108, Huntsville, AL 35806, a few miles east of the airport. Convenient to Madison and I-565. PHONE (256) 799-0297.
____________
*Includes past due benefits and average lifetime benefits. The Forsythe Firm is a private professional firm not affiliated with the US Government or the Social Security Administration. No guarantee is made as to the outcome of any case.
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