WHAT IT REALLY TAKES TO GET SOCIAL SECURITY DISABILITY IN 2022

Do you feel you are disabled?  Have you been unable to work for at least a year, or have been told you must be out of work for at least a year with a serious medical impairment?  You may be thinking about filing a new Social Security disabiity claim.

 What does it really take to get Social Security Disability Insurance (SSDI) payment in 2022?  There are all kinds of stories, myths and partial truths floating around out there.  

 But here is what it really takes, in both a legal and practical sense:

 First, you cannot be working at "Substantial Gainful Activity" when trying for Social Security disability (SSDI).  In 2022, you are working at substantial gainful activity if you have a job or self employment income of at least $1,350 per month (gross).  No excetions.

 You must have a severe medical/mental impairment that causes you to be unable to work AND which is medically determined.  "Medically determined" means you have current, objective medical evidence of treatment from a doctor.

 Also, you must have worked and paid FICA (Social Security) tax by payroll withholding or self-employment tax.  You must have earned at least 20 quarters of work coverage out of the past 10 years (for most claimants).  Pay this FICA tax gives you "insured status" with Social Security.  

 Now the practical side of getting approved.  You must file a complicated application which includes forms, questionnaires and interrogatories send to you by Social Security.  You may be asked to submit to a medical or psychological examination.  There is a 75% chance your application will be denied, so don't lose heart.  Most claims are won in the appeal process, not in the application process.

If you are denied, you must file a written appeal within 60 days (not one day later).  In this appeal, you must use medical evidence to prove 2 things.....

A.  If you are age 55 or over, you must prove that you cannot perform any of the full-time jobs you have had during the past 15 year period. These jobs are called "past relevant work" or PRW.  If you can still perform one of those jobs, in Social Security's judgment, you are not disabled and will not be approved.

B.  If you are below age 50, you must prove that you are not able to perform ANy full-time job which exists in the US national economy.  Thus, claimants who are under age 50 have a distinct disadvantage because they are believed able to "adjust to other work."

 It is usually necessary to enlist the support of one of your treating physicians.  Your doctor can support you claim by providing a Residual Functional Capacity opinion--that this, what type of work related activity are you still able to perform in terms of standing, walking, sitting, lifting, bending, reaching, kneeling, crouching, crawling, handling, etc.?  This is not contained in the routine medical records of the doctor--so you must ask him/her to fill out a separate form.

 Finally, in the appeal process, you have entered into even more complicated, mysterious processes that you don't understand.  For most people, the concept of "proof" is itself mysterious.  What is proof?  How do you get it?  What does Social Security accept as proof?  Thus, you need a professional (attorney or advocate) to help you obtain proof that is acceptable to Social Security.  It isn't about proving that you are disabled.  It is about proving that you are disabled "according to our rules and regulations."

Social security's rules and regulations are unique.  Nobody else on the planet uses the same rules as Social Security.  Evidence that might be approved in a VA case, an insurance case, or elsewhere can be denied in a Social Security case.  They use their own rules.

 Claimants who get Social Security disability benefits (SSDI) in 2022 hang in with the system through several layers of attempts.  They have good medical records and they work smart by bringing in experts who know the rules, the evidence, and the process.  It is a legal process, it requires certain evidence or proof, and it requires that you understand and follow Social Security's system.  

 And it takes time.  Social Security applications and appeals can take from 12 months to 36 months.  Unfortunately, your attorney cannot change how slow Social Security is in doing their work.  So be prepared for a possible long haul.

 

YOUR DISABILITY HEARING: IT'S NOT WHAT YOU THINK IT WILL BE.

When Social Security denies your disability, you eventually go before a judge for a hearing.  These hearings are often nerve-wracking and  usually not what the claimants expects.  

 Here are some things you need to know about a disability appeal hearing:

1.  They are legal proceedings with a judge in charge.

2.  The purpose of the hearing is to establish certain facts.

3.  Hearings are controlled by 20 CFR 404, Parts 1-99.  The regulatory law controls what happens at the hearing.

4.  The judge cannot issue a decision that is not supported in the law.

5.  There will be a five-step process used to determine whether or not you are disabled "under Social Security rules."

6.  Social Security's rules about disability are different than everyone else's, and they are tougher than anyone else's rules.

7.  Your doctor cannot say whether or not you are able to work and whether or not you are disabled.  The law doesn't allow doctors to make this determination.

8.  The judge's decision will be based on objective FACT--primary on what is contained in your medical records.

9.  Emotional pleas or explanations about why you can't work, or why you really need benefits, will not help your case.  In fact, this may hurt the case.

10.  Only a small percentage of hearings are won without using an attorney.  A claimant is 3 times more likely to win at the hearing level with an attorney than without one.

11.  Most judges will recommend that you get representation and come back for your hearing later.  This can delay your hearing by 3 to 6 months.  It's better to bring your attorney with you to the hearing in the first place and be prepared to proceed.

5 STEPS SOCIAL SECURITY USES TO DECIDE IF YOU ARE DISABLED

When you file a new application for disability benefits, Social Security will use a five-step sequential process to decide if you are eligible for payments.

1. Social Security will determine whether you are now working at "Substantial Gainful Activity" (SGA) - which is defined in 2021 as earning wages of at least $1,310 per month, gross. If you are, you are not entitled to a disability benefit.

2. Do you have a severe, medically determinable impairment? This impairment must have lasted for at least 12 continuous months, be expected to last for at least 12 straight months, OR to end in death.

3. Social Security will determine if you meet a listing in their Blue Book. These listings are very difficult to meet, so most claimants will not meet a listing. You may still get benefits, however.

4. In Step 4, they must determine whether you can perform any of your Past Relevant Work (PRW) -- defined as any job you performed in the past 15 years--and performed it long enough to do the job satisfactorily. They also only count jobs where you earned "Substantial Gainful Activity" wages for the years involved.

5. In the final Step, Social Security will decide whether you are able to perform any other work which exists in the US economy. This is the step that disqualifies most claimants. Even if you are not able to perform any past work, they may find that you can perform other "less demanding" jobs. This step works against younger individuals who are under age 50. If you are under age 50, you cannot meet a Medical-Vocational Guideline or " grid rule" which directs a finding of disability based on a combination of your age, education, skills, residual functional capacity and past work experience.

You maycorrectly gather that Social Security disability is a rather technical, complicated matter that doesn't involve much luck. It uses a strict formula.

In the initial application process, only about 25 percent of claimants are approved. The first stage of appeals is called "Reconsideration," and the approval rate there is even more dismal. Your best chance will be at a Hearing level appeal before an Administrative Law Judge or ALJ. Claimants who are represented by an attorney are 3 times more likely to win at the Hearing level, compared to claimants who are not represented. And most claimants only get ONE HEARING.

Using an attorney or advocate who understands how to use medical evidence, vocational factors, skill levels, grid rules, and listings is crucial to success. There is a good reason why a large legal specialty has grown up around Social Security cases. The reason is: these lawyers get results for their disabled clients.

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The Forsythe Firm Huntsville, AL 35806

Free Consultations & You Never Pay Until After You Win

CALL (256) 799-0297

 

2 SURE WAYS TO GET DISABILITY BENEFITS

 Disabled Americans may qualify for up to $3,148 per month from the US Social Security Administration.  

And these benefits can continue until full retirement age, at which time they automatically convert to retirement benefits.

Under current law, there are 2 ways to qualify for benefits with Social Security:

I.      MEET OR EQUAL A LISTING IN THEIR BLUE BOOK.

The "Blue Book" is Appendix A of 20 CFR 404, Subpart P.  These listings are very specific, very demanding and difficult to meet.  Fortunately, there is another way to be approved.

II.      PROVE THAT YOU ARE NOT ABLE TO WORK

This is the method most claimants use to be approved for disability.  They use medical documentation to prove that their impairment(s) make them unable to perform the functions of full-time employment.

Technically, we want to prove that your "Residual Functional Capacity" is too restricted to allow any full-time employment.  This is just a fancy way to say, "You are not able to meet the demands of full-time employment."

Unfortunately, it usually requires legal help to prove that you cannot work.  An attorney/advocate who understands the process and the regulations governing SSDI benefits can be of great assistance.

DISABLED? WHAT YOU CAN DO WITH JUST A PHONE CALL

Needing to get started on a new disability claim?  Need to appeal a recent denial (within 60 days)?  You may be amazed by how we help you with just a phone call.

1.  Ask us a free question about eligibility or benefits

2.  Get a free evaluation of your case

3.  Make an appointment to file a new application (No cost).

4.  Get us to file an appeal for you or attend a hearing

5.  Find out how to get more specific information on Social Security disability. 

We are the Forsythe Firm, located at 2027 Old Madison Pike NW in Huntsville.  Phone (256) 799-0297.

We will never charge you for any work we do until

*  You win your case and get paid, and

*  You recover lump sum back pay. 

Serving Huntsville and north Alabama for 19 years.  High success rate!

CAN YOU WORK WHILE ON SOCIAL SECURITY DISABILITY?

First, you must understand Social Security's thinking about working and getting disability benefits.  They believe that you are either able to work, or unable to work.  If you are able to work you are not disabled.  If you are disabled then you are not able to work.  So trying to work while getting a disability benefit is a paradox.

 Social Security will allow a little work, but not too much.  If you go over their limit, then they stop your disability benefit.

Here's the limit:  If you earn at least $1,310 per month in gross wages, salary, commission or self-employment, you cease to be disabled under their rules.  Your check is terminated.  

 Often, Social Security doesn't catch the fact that you are working right away.  They may let you receive checks you are no longer entitled to before they learn that you're working.  This accumulates a debt to Social Security that must be repaid.  For example, you receive 10 disability checks of $2,000 each while you are working at "substantial gainful activity."  Social Security will eventually notify you that have been overpaid by $20,000 and demand their money back.

 So, if you work while getting SDDI benefits, you must keep your wages below $1,310 per month.  The closer you get to that earnings level, the more likely Social Security is to put you under a "Continuing Disability Review" (CDR) to determine whether you are still disabled.  In other words, working makes Social Security suspicious.  Earnings of $350 per month may not trigger concern, but earning $1250 a month may.  

The beneficiary of benefits has an obligation to report all work and earnings to the Social Security Administration.  Of course, they automatically receive reports of your earnings because your employer must file monthly or quarterly reports and pay Social Security taxes (FICA) on all earnings.

If you want to transition from SSDI or SSI back to working, call the local Social Security office and ask them about "Ticket to Work."  This is a special program that, under certain circumstances, allows the beneficiary to work while keeping benefits and Medicare for a certain period of time.  The goal with Ticket to Work is to get you off Social Security or SSI benefits and get you back to work.

  

GETTING DISABILITY $$$ FOR ANXIETY & DEPRESSION

 Mental disorders, including chronic severe anxiety and depression, can be considered disabling by Social Security.  The key words are chronic and disabling.

A "chronic" condition under Social Security rules is one which has lasted at least 12 straight months, is expected to last at least 12 straight months, or to end in death.

A "disabling condition" is one which is so severe that it makes the claimant unable to perform any sort of full-time work.  In other words, it is debilitating.

An individual who is able to go about most of his or her normal daily activities, will not likely be considered disabled by Social Security.  A disabling mental impairment is one that prevents most normal daily activities, such as shopping, using the internet, performing household chores, preparing meals or bathing and dressing independently.

I have noticed that most of my approved claims for mental impairments have included recent periods of inpatient confinement.  Inpatient treatment certainly demonstrates that the impairment prevents uninterrupted daily activities.

It is very critical that claimants are getting current treatment from a mental health specialist--a psychiatrist or licensed clinical psychologist.  They should be seeing the doctor regularly and following prescribed treatment, including medications.  I would define "current treatment" as seeing the doctor at least every 3 months.  I sometimes encounter claimants who were diagnosed with a mental disorder a year or two ago, but who have not followed up with their doctor since.  They are poor candidates for Social Security disability.

Our firm offers a free case evaluation at no cost or obligation.  We can't predict who will get disability benefits because every case is different in a hundred ways.  However, we can offer some insight into how difficult (or easy) your case may be to prove. We know what Social Security requires to approve a claim.  Sometimes we can offer suggestions that will improve a case and increase chances of success.  

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Call (256) 799-0297 for an appointment.  It's free.