SOCIAL SECURITY BACK PAY MONEY: GET THE MOST YOU CAN

Social Security often pays "back pay," which is benefits that accrue while they deliberate and investigate your claim.  Some claimants receive thousands of dollars--or tens of thousands of dollars--in back pay when their claim finally settles.

 There are several factors that control how much back pay you will get:

1.  The First factor is disability onset date.  Social Security will determine when your disability began (the onset date) and will pay back to that date (but not more than 12 months prior to the application date).  Also, while the claimant waits on Social Security to slowly grind its way toward a decision, a monthly payment accrues for each month of waiting.  

2.   The Second Factor is the application date.  Social Security can pay "backwards" up to 12 months prior to the date of the application.  For example, if your application was filed on June 1, 2020--benefits can go back as far as June 1, 2019.  

3.  The third factor is medical evidence.  Social Security will require objective medical evidence that establishes the date that disability began.  It's important to have evidence that proves when you became disabled, not just that you are disabled.  

4.  The fourth factor is - the date the claimant last worked.  Social Security will not play a benefit for any month in which the claimant worked at "Substantial Gainful Activity" or "SGA."  That is defined by the amount of gross wages earned in each month.  In 2020, a person is working at SGA level if he/she earns wages (or self employment income) of at least $1,310 per month.  In 2020, that amount was $1,260. So, in 2021, a claimant can't get a benefit for any month in which he earned at least $1,310.

Social Security often disagrees with claimants concerning the onset date of disability. The agency will often move the onset date forward, which reduces the claimant's back pay.

If a claimant disagrees with the onset date, can it be appealed?  Yes.  The issue can be taken to court before an administrative law judge, who will make a final decision on whether the onset date is correct, as supported by the evidence.  One word of caution when appealing onset dates is in order.  When this appeal is filed, the entire case goes back under review by the judge.  The judge may issue one of 3 decisions:

1.  A decision that is more favorable to you than the previous decision.

2.  A decision that is less favorable to you than the previous decision.

3.  A decision that is the same as the previous decision.

Is it possible that a judge looks at your appeal of the onset date and makes a ruling that no benefit is due and take away everything?  Yes, that is possible.  The entire decision is under review.  Is that likely?  Probably not, but certainly we have to admit that it could happen.

Should you appeal an onset date which stripped you of back pay?  The answer to that should come out of a long and careful consultation with your legal counsel.  Your attorney/representative should analyze the strengths and weaknesses of your case and help you decide whether an appeal is wise.  There must be an evaluation of evidence which supports your position for an earlier onset date.  

Finally, does an appeal stop the benefits that Social Security has already approved?  No.  The benefits approved under the original decision are paid pending the outcome of the appeal.  After the judge has rendered a new decision on the appeal, benefits will be paid according to the new decision.

 

DISABILITY HEARING IN YOUR FUTURE? IT'S OUR SPECIALTY.

 Most disability claims with Social Security wind up before a judge.  The judge decides who gets benefits and who doesn't.

You only get one hearing, so make the most of it.  

Our firm specializes in appearing with clients at hearings and explaining why the law allows a benefit to be paid.  Our advocate will thoroughly research your case and understand it's particular in's and out's.  Then, we will approach the judge with you and represent your interests.

How are we paid?  Your fee is based on a contingency.  That means, you never pay a fee unless 2 things happen:

1.  You win your claim and get benefits.

2.  Your benefits include a past due or retroactive lump sum payment.

Our fee is based on a percentage of your back pay and must be approved by Social Security before you pay.

HOW YOU SEE YOUR DISABILITY VS. HOW SOCIAL SECURITY SEES IT

 

"The only thing obvious to Social Security is a denial." 

 

Most of the individuals who come to me for disability benefit assistance have a very clear view of their disability. They have lived with their medical impairment for a long time and they understand it. It is very obvious to them that they are not able to work and that they qualify for disability benefits.

However, Social Security will see the claim very differently. If I could choose one word to describe Social Security's attitude, it would be SKEPTICAL.

Nothing is obvious to decision makers at Social Security. Everything must be investigated, questioned, prodded, documented, verified and proven or refuted. Social Security's greatest fear is "fraud," the idea that someone might get a benefit that they are not entitled to.

The claimant makes allegations. Evidence is required before these allegations become fact.

Here are some major differences between the way Social Security sees a clam, vs. the way a claimant sees the claim:

 

1.    You start the process as a "non-disabled" person. Just like an accused criminal enters his trial "innocent until proven guilty," a disability claimant is "not disabled until proven disabled." So, you start as someone not qualified for a benefit. It's up to you and your attorney to change that and prove that you are eligible. The burden is on you. Social Security does not have to prove that you are not disabled

 

2. Social Security does not give you the benefit of the doubt. If there is any doubt about whether you meet disability rules, the doubt goes in favor of Social Security, not you. So evidence must prove disability beyond a doubt.

3. Social Security will not accept anything you say or anything your representative says unless it is supported by evidence or proof. Nothing is obvious to Social Security.

4. Evidence to prove your case must meet the "Rule of the 3 Cs." It must be CURRENT, CLEAR, and CONVINCING.

This explains why claimants are so shocked when they go before Social Security with a case that they feel is "obvious," and get denied. The fact is, you didn't prove disability by the book.

Since most disability claimants have never read "the book," they have little chance to prove their case "by the book."

 

    If you feel that you are obviously disabled and common sense proves it, you are in for a terrible disappointment when you make contact with Social Security.

Social Security uses no common sense and nothing is obvious to them.

You should find an attorney or advocate who understands evidence, burden of proof, and what proof is required to overcome the skepticism at Social Security.

The only obvious result of a disability claim is denial.

Winning requires a lot more.

WHY YOU MUST APPEAL A DISABILITY DENIAL

When Social Security denies your claim for disability benefits you should always appeal.  Here are the reasons:

1.  Denial is the usual result of applications.  Far more claims are denied than approved.

2.  Mistakes are frequently made in initial decisions.  They can only be corrected with an appeal.  You can't go back to the decision maker and say, "This isn't right.  Please look at this again."  The way to do that is to file an appeal.

3.  Your odds of winning on appeal are almost 50 percent  The national average for awards before an administrative law judge is around 45 percent. 

4.  It costs nothing to appeal.  Your attorney cannot charge you a fee unless you win and also collect back pay.

5.  If you fail to appeal within 60 days of your unfavorable decision, your right to appeal forever dies. The claim cannot be considered again.

6.  Your right to file a new application may have expired.  There is a thing called "Date Last Insured" or DLI.  This is the date you stop being covered for new claims against Social Security.  Generally, this date occurs about 5 years after you stop working regularly.

7.  There may have been very obvious errors when Social Security issued their decision.  A trained disability advocate may spot these errors at once.  Taken before an administrative law judge, it may become apparent that you are entitled to benefits and the judge may pay you.

Never hesitate to file an appeal when your Social Security disability claim has been denied.  
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The Forsythe Firm
7027 Old Madison Pike
Huntsville, AL 35806
"Across from Bridge Street"

CALL (256) 799-0297

ANSWERS TO THE TOP 10 SOCIAL SECURITY DISABILITY QUESTIONS

Here are answers to the top 10 questions we receive about Social Security disability.  If your question isn't answered here, please call us at (256) 799-0297.

10.  Q.  Why is there a time limit on filing a new disability claim?

A.  Because Social Security disability is a type of insurance.  It has a starting date and expiration date, based on the date you last worked and paid FICA.  Persons who have not worked in about 5 years or more may have already experienced their "Date Last Insured" (DLI), which means their disability coverage with Social Security has expired.

9.  Q.  Isn't everyone covered for Social Security disability?

A.  No.  It is a federal insurance program for workers, paid for by payroll deduction called FICA.  If a person has not worked in several years they have not paid into Social Security recently and may find that they have no disability coverage.

8.  Q.  If I am not covered by SSDI because of no recent work history, do I have other options with Social Security?

A.  You may be able to get a smaller benefit called Supplemental Security Income (SSI), which does not require any work history at all.  SSI does have strict income and financial resource restrictions.  The maximum SSI benefit in 2020 is $783 per month, much less than the average SSDI claim.

7.  Q.  How long does it usually take to get a decision on a disability claim?

A.  Since each case is different, there is really no average time.  In our experience, you will get an initial decision within 5 months.  However, few claimants get approved at this stage.  The appeal process will take about a year for most claimants.

6.  Q.  What medical conditions qualify for Social Security disability?

A.  Just about any medically determinable impairment that has lasted for 12 straight months, is expected to last at least 12 straight months, OR is expected to end in death may qualify for disability benefits.  Qualifying impairments may be physical and/or mental.  The basic tests are:  (1) Will one of the disabling conditions met the aforementioned duration requirement, and (2) is the condition severe enough to prevent you from working at any full-time job?  Note:  If you are over age 50, does the condition prevent you from performing any one of your past full-time jobs (i.e., jobs you had within the past 15 years)?

5.  Q.  Why are most disability applications denied at the initial stage?

A.  Most are denied because the claimant has not submitted medical evidence to PROVE disability under Social Security's very strict and limited definition.  The usual denial letter will say (on the last page):  "We find that while you cannot perform the jobs you have done in the past, you are able to perform certain other work..."  The proper response to this is an appeal (not a new application).

4.  Q.  When is the appropriate time to get an attorney involved in my claim?

A.  There is really no bad time to get professional assistance. However, we feel that entering into the appeal process unrepresented can be a very grave mistake.  Appearing before a judge without representation is indeed very risky and unwise.  Social Security statistics show that unrepresented claimants only win 31 percent of appeals, while claimants with representation win 60 percent.

3.  I've heard it said that it doesn't cost any more to hire a representative on day one, as compared to waiting until later in the process?  Is this true?

A.  This is generally a true statement.  Attorneys (representatives) get paid on the basis of how much back pay the claimant receives, not how long they worked on the case.  You are not billed by the hour.  Of course, the longer a case takes to get settled, the larger the back pay is likely to be and this may increase the fee.  But when the attorney got involved in the case does not make a difference in the fee.  If your representative works on the case 1 day or 1 year, the fee is the same.

2.  Q. What is the most useful thing I (as the claimant) can do to win my benefits?

A.  We feel one of the best things to do is get your doctor involved, if you can. First, get adequate and frequent treatment.  Then, ask your doctor for a detailed Residual Functional Capacity (RFC) or Medical Source Statement (MSS).  A letter form the doctor usually doesn't help because it won't have the correct legal language the Social Security needs.  The form, if obtained from an attorney or advocate will.

1.  Q.  Do you help me file the original application for benefits?  It looks so confusing

A.  While many advocate firms will not assist with the initial application (because it is so complicated and time consuming), the Forsythe Form does help on the cases that we accept for representation.  Of course, we do an evaluation of each case to see if it is a case that we want to represent.  We work on a case-by-case basis, but we do often help with the initial application.  There is no charge to get your case evaluated.  The best place to start is by calling our office.  (256) 799-0297.

HOW COVID-19 IS IMPACTING SOCIAL SECURITY DISABILITY

The Social Security disability process is still working...sort of.

Here are the major hurdles caused by the COVID-19 virus:

• All Social Security offices are closed for in person visits.  
• Offices take phone calls but have limited staff and offer limited services.
• The Disability Determination Service (which processes all applications for disability) is closed indefinitely during the crisis.
• Hearings that have been previously scheduled are being held by telephone only.
• On approved claims, payment processing is taking longer than ever.

Here is what we recommend if you are recently disabled:

1.  Go ahead and file an application now to get your "protected filing date."  This can preserve benefits.

2.  Consider filing online at www.socialsecurity.gov.

3.  Expect unusual delays in your application.  The "normal" wait for the initial decision was 90 to 120 days.  Who knows how long the wait is now, but apply anyway.  The sooner your application date, the better.

4.  If have a dire need, a critical case (such as a terminal or catastrophic illness), call the Social Security office.  In Huntsville that phone number is (866) 593-0665.  

5.  If you want assistance by a professional disability advocate, contact the Forsythe Firm in Huntsville at (256) 799-0297.  Yes, we answer questions by phone, no charge.

You may also email us at forsythefirm@gmail.com

DO SOME IMPAIRMENTS AUTOMATICALLY QUALIFY FOR SSDI

Some medical conditions automatically qualify for Social Security disability (SSDI) benefits.  Generally, these conditions fall into 3 categories:

1.  The condition qualifies for a Compassionate Allowance. 
There are more than 200 medical conditions that qualify.  An application must be filed. To check which impairments are on this list, click on the link below

https://www.ssa.gov/compassionateallowances/conditions.htm

2.  The Medical Condition is Terminal.

A condition that will result in death within 12 months can usually be approved without contest.  Social Security will need documentation from a doctor or approved medical provider.  An application for benefits must be filed.

3. The Condition Meets a Listing.  If your symptoms are very severe, you may meet or equal a listed impairment in the Social Security "Blue Book."  Even if you do meet a listing, you may still have go through an appeal process to get approved, so it's not exactly automatic, at least not until you get an administrative law judge to look it.

In most other cases, claimants need to go through the lengthy application and appeal process. It is normal these days to require two appeals to get a claim paid.  The first appeal asks for "Reconsideration" which is rarely helpful.  The second appeal takes the case before an administrative law judge, where there's a better chance for approval.

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Need help with a Social Security claim?  Contact the Forsythe Firm in Huntsville at (256) 799-0297.  Free consultation.  Pay no fee unless your successful claim results in back pay.

THE VALUE OF GETTING AN MSS IN DISABILITY CASES

When a disability claimant is not 55 years old, does not meet or a Listing, and cannot qualify under a grid rule--he/she must prove that he cannot work.

This is more difficult than it sounds.  Literally, most claimants under age 50 must prove that there are no jobs in the entire US economy that they are able to perform-- 0 jobs.

This requires proving that the claimant's ability to do work related functions do not permit full-time work at any exertion level, especially at Sedentary or Light exertion.  If Social Security believes that an individual can perform unskilled minimum wage jobs at the sedentary (sit down) level, they will deny the claim.

Some jobs that will cause denial include:  envelope stamper, customer service representative - call center, small product packager,  surveillance system monitor, or toll booth ticket taker.  A claimant must show very severe functional impairments to be approved.

An MSS or Medical Source Statement from your doctor may be the only way to prove functional restrictions so severe that the claimant cannot perform any type of sedentary or light work.  The MSS must be very detailed, very specific, and must be directed at functional restrictions such as sitting, standing, walking, lifting, bending, concentration, following directions, being absent, being off task, etc.

If you have a claim pending with Social Security, you should contact your attorney, get a copy of the Medical Source Statement form and take it to your doctor.  Ask the doctor to complete and sign it.  Then, get the completed form back to your attorney/representative. Note:  doctors do not keep these forms and they may not know what you are talking about if you ask for one.  Attorneys have these forms and provide them for free, so that's where you go to get the form.

In a judge's hands, the doctor's evaluation can be a valuable piece of evidence to help you get a favorable decision.

The path to winning a disability claim runs straight through your doctor's office.  Knowing what to get in terms of proof helps win your case.  

Can Your Doctor Simply Write a Letter?

No.  Letters from doctors are generally of no value because the doctor doesn't know exactly what he/she is required to write.  Social Security is very specific in what they will accept from a doctor and what they will disregard.

This doctor's statement is totally useless:  "This patient has been seeing me for 14 years.  She has (list of conditions) and is totally disabled.  I do not believe she is able to work at any job."

There are legal reasons why Social Security cannot and will not accept this statement.  Simply put, federal laws do not permit doctors to decide who is disabled and who is not, nor can they say who can work and who cannot. What you want is to get specific limitations from the doctor that will help Social Security draw their own conclusion that you are unable to work at certain exertion levels.

The language on the Medical Source Statement is designed to be language that Social Security can accept and give weight to.  That's why the form is needed, not a letter.
____________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297

COVID-19 AND SOCIAL SECURITY SCAMS

Nothing brings out the scammers like a crisis.  The COVID-19 crisis is no exception.

The scammers call you up and pretend to be from a government agency:  Social Security, the Treasury, or Internal Revenue Service.

They lure you by something like.....

• Offering to let you get or keep a benefit if you give them some personal information for "verification."
• Threaten to stop your Social Security unless you send them money by wire, transfire or gift card.
• Offer you a "relief grant" some something similar if you send them an application fee.
• Telling you that your Social Security check is in danger because they have detected "fraudulent activity" on your account.

These criminals often  ask you to send them a payment in the form of a check, money order, credit card, or even prepaid gift cards.

Real government agencies do not call you on the phone for this type of thing.  Never give your personal information to anyone on the phone.  And never send any form of payment to a stranger who calls on the phone or contacts you by internet.  These are always (always) scams.

HOW TO WIN YOUR DISABILITY CASE AND GET PAID

Among the individuals who win Social Security disability, there are several factors that stand out.  I've made of list of these outstanding features from winning claims:

1.  Get your doctor's support.  If your doctor will not support your disability claim, that tells you that you have  a problem right away.  Social Security will rely very heavily on what's in your doctor's records to judge your claim.

2.  Be specific in telling Social Security why you can't work.  The following are specific:  I am limited to standing 20 minutes, sitting 30 minutes and lifting/carrying no more than 10 pounds.  The following are non-specific:  back pain, leg pain, headaches, nervous disorder and stomach trouble.

3.  Provide great detail about your past work.  You will be provided a form titled "Work History Report."  Fill out this form in exhausting detail.  Some of the questions won't seem important or won't make sense.  They are important.  Most claimants skip this form (and most claimants don't get paid).  Get someone to help you if necessary but complete the Work History Report to ad nauseum.

4.  Provide a complete list of every medical provider you have seen within 18 months.  Social Security will only contact the doctors and providers you tell them about.  Give them the complete name and mailing address of all your providers.  WRONG:  Dr. Jones, Blissville, AL.  RIGHT:  Dr. Seymour J. Jones, Happiness Medical Practice of the Valley, 2221 Sunshine Drive, Suite 103, Blissville, AL 35555.  If you don't have any medical providers, you may have trouble getting Social Security benefits.

Consider whether you need to obtain more medical treatment before you file a disability claim.  Social Security regulations require evidence of a severe and medically determinable impairment before benefits can be awarded.  If there is no medical diagnostic studies and/or treatment, benefits will most likely not be available.

5. Be sure to appeal a denial within 60 days.  When I file a new claim for someone I assume it will be denied because about 85 percent of them are.  I assume I will have to appeal to win.  And I'm usually right.  Social Security will seldom get it right the first time.  Don't expect them to.  Appeal your claim and seriously consider hiring someone who knows how to win appeals.  That means someone with extensive experience in Social Security disability appeals.

COVID19 SCAM: YOUR BENEFIT HAS BEEN SUSPENDED

Social Security recipients across the country have reported getting fraudulent letters in the US Mail, threatening to suspend their benefits unless they paid a fee by retail gift card, internet cash, wire transfer, or other means.  These recent scams are believed to be triggered by con artists trying to take advantage of the COVID-19 pandemic.

The Social Security Administration (SSA) says that they are not sending letters to anyone asking for updated information, and they certainly are not asking anyone to make a payment to keep their benefits coming.  These are always scams.  

The Inspector General issued a statement which says:

The Social Security Administration will never:

• threaten you with benefit suspension, arrest, or other legal action unless you pay a fine or fee;
• promise a benefit increase or other assistance in exchange for payment;
• require payment by retail gift card, cash, wire transfer, internet currency, or prepaid debit card;
• demand secrecy from you in handling a Social Security-related problem; or
• send official letters or reports containing personally identifiable information via email.

If you receive a letter or call from someone pretending to be from Social Security, asking you to make a payment or to provide personally identifiable information, please do not respond.  Under no circumstances should you send payment of any type.  Social Security is NOT suspending benefit checks because of the coronovirus breakout.  Social Security checks are being sent without disruption.

Do not provide your name, Social Security number, address, bank account information, credit card number or any other personal information to someone you don't know, even if they say they work for the government.  In every case, this is a criminal scam by con artists trying to steal your information and your money.k

Remember, you can still call Social Security during regular business hours if you need to check on the reliability of any communication from them.

DO YOU HAVE A DISABILITY HEARING SET?

If you have a Social Security disability hearing scheduled, you should know that the cornovirus (COIVID-19) has turned the world upside down, and it will effect your disability case.

For starters, the Social Security Administration has closed all its offices indefinitely.  So, you cannot walk into a Social Security office for a hearing.  The same is true for federal courthouses, other federal buildings or similar places where hearings might once have been held.

The only way you might get a hearing is by telephone conference call.  A judge sits in his or her office behind locked doors, while you sit at home or in your attorney's office, and talk over the telephone.  The vocational witness will sit at his or her home and talk to the judge over the telephone, as well. If a medical expert is required to testify, the medical expert will be at home or in his or her office, speaking over the telephone.

No one knows how long this will last.  The rule of thumb is, "It's going to get worse before it gets better."  It may last 3 months, 6 months, 18 months....or longer.  We don't know.

Now, here you sit, disabled with no income and needing your SSDI benefits.  You're not in a position to wait months.  What can you do?

You can contact Social Security (Yes, they still answer the phone), and ask what you need to do in order to take the next step.  I find that most claimants in the Social Security disability process don't know what they are waiting on.  They don't know what the next step is or how to get there. 

It's really an especially great time to ask yourself again, "Do I really want to handle this by myself or get some help?"

I wouldn't dare answer that question for you.  But I do think you owe it to yourself to ask yourself that question...and answer it.

IS COVID-19 RUINING YOUR LIFE?

You haven't had the coronavirus (COVID-19).  Chances are you never will.  You don't know anyone who has had the cornovirus.  Chances are you never will.

In spite of that, COVID-19 may be ruining your life.

You can't go out to eat at a restaurant. You can't go into your bank.  Your kids can't go to school.  The Social Security office is closed. You can't go to a movie. Your drug store may only welcome you to their drive through window. You can't get your teeth cleaned. You can't get a tooth filled or a wart removed. The courthouse isn't holding court. All government offices have shut down. You can't go to the beach.  You can't attend any gathering of 25 or more people unless you can sit 6 feet away from the nearest person (I wonder who measures that).....

No one wants to be seen as doing any less than anyone else to fight the coronovirus.  So everyone does more.  

All of us hope these extreme efforts are successful and protects us from the virus. So far in Alabama, there have been about 75 infections and, thankfully, no deaths.  (Of course, this changes daily).

It would be one thing if these measures were expected to last for a week or two.  But no one knows how long it will be before all these restrictions are lifted.  People talk about 3 months, 6 months, 18 months...  Nobody knows. 

We also hope that, when this is over, we can go back to normal.  But that isn't likely.  Just perhaps, the "new normal" will become permanent to some degree.  It's hard to go back.  Who knows how many trillion dollars all this will cost to the local, state and national economies?  How long will it take a small business to recover and rebuild from being closed a few weeks or a few months?  Is it possible to rebuild and recover?  For many, it simply will not be an option.

Whose fault is the cornovirus?  Nobody's.  Who bears responsibility for the response to it?  Every decision maker who gets input into the response.

The one thing we must keep out of decision making is Panic.

I suspect sociologists and historians, writing from the vantage point of the future, will look back at the coronovirus and our responses to it, as the defining events of the Twenty-First Century.  For that to be true, it must have changed us more, and more permanently, than any other event of the century.  I fear that may be true.  I also fear that today's leaders have no idea how much our society is being changed, or for how long.

 

SOCIAL SECURITY IS STILL FUNCTIONING

We have had disability cases approved this week amid the Social Security office shut down and coronovirus panic.

The system is still functioning.

However, you have to work the process differently.  If you need to file a new disability claim, you have 2 options:

1.  Apply online at www.socialsecurity.gov

2.  Find a disability attorney/advocate to help you file.

If you have an appeal hearing scheduled, call the local Social Security office and try to set up a hearing by telephone.  This applies only to hearings that have already been scheduled with a date and time for the hearing.


Of course, if you have counsel, your representative will handle the details of your hearing for you.

OPTIONS FOR HANDLING DISABILITY CLAIMS NOW

Starting March 17, all Social Security offices are closed to the public indefinitely.  You can no longer go there.  Persons who already have hearings scheduled cannot go there for hearings, either.

So, what are your options if you need to file a new disability claim or if you already have a claim in process?

1.  You can call Social Security and speak to the local office on the phone during regular hours.

2.  You can use their online services at www.socialsecurity.gov.

3.  You can try to get a disability attorney to file a claim for you, or help you with your appeal or hearing.

Our office is currently conducting hearings by telephone conference call with the judge.  Claimants come to our office and we conduct the hearing from our office--with a judge in his or her office.  This applies, of course, only to clients that we represent.

The coronovirus is making it difficult for everyone, in all walks of life.  If you are unable to work and need to get your disability payments started, it's especially difficult to wait several more months until the virus gets contained.  

Huntsville SSA Office:   Call 1-866-593-0665

Decatur SSA Office:  Call 1-888-289-9185

Florence SSA Office:  Call 1-855-884-3407

Albertville SSA Office:  Call 1-800-521-0073

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The Forsythe Firm is a private practice in Huntsville, AL NOT affiliated with the US Social Security Administration.  This is intended as general information, not advice for any particular claim, need or situation.

WILL the CRONOVIRUS DELAY SOCIAL SECURITY CHECKS?

Will the cronovirus pandemic delay Social Security checks?

No.  The government is taking steps to be sure that persons on Social Security continue to receive their payments without interruption.

While the Cronovirus is effecting nearly everything else, Social Security payments will continue on schedule.  There is no need to worry.

However, individuals needing to file new disability claims, or those needing to appeal denied claims may be affected.

Social Security offices are now closed to the general public and all business must be conducted by telephone or online (www.socialsecurity.gov).

If you have been scheduled for a hearing to see if you qualify for SSDI payments, the hearing will be conducted via telephone.  If you have an attorney, he or she will represent you via telephone at the hearing, also.  Your attorney may choose to have you come to the attorney's office for the hearing, or you may testify from your home.

We are working every day to help claimants with disability applications and appeals.  We continue to offer.....

• Free initial consultations
• Never a fee unless you win with back pay
• Local, experienced advocates
• Free parking at our convenient Bridge Street location

THE FORSYTHE FIRM

Social Security Disability Representation

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

"Across from Bridge Street"

PHONE (256) 799-0297

HOW the CRONOVIRUS AFFECTS the SOCIAL SECURITY DISABILITY PROCESS

It came out of nowhere and seems to be effecting every aspect of our lives.  The Cronovirus.  It is already effecting the Social Security disability process.

Whether you have a new application pending, are waiting on an appeal hearing, or needing to file for benefits--you are already being impacted by the chronovirus.

Social Security offices are closed indefinitely.  Applications for benefits can only be made by telephone or on the internet at www.socialsecurity.gov.  

No hearings are being held except via telephone.  I held my first telephone hearing today since the shutdown, a 5-way conference call and it was very difficult.  However, this is the way all hearings will conducted for weeks, maybe months into the future.

The Forsythe Firm is still helping claimants navigate the changing waters of Social Security disability.  Here are things we may be able to help you with.

1.  File a new claim for you electronically.
2.  File an appeal on a recently denied disability claim.
3.  Represent you in a hearing or appeal.
4.  Answer your questions.

We never charge you a fee or any service unless you appoint us to represent you, your application or appeal is approved, and you receive back pay from Social Security.  

If you are wrestling with the complicated Social Security disability process--please call us for assistance.  We may be able to take action to get you paid.  We serve claimants in north Alabama and middle/southern Tennessee.  (256) 799-0297.

SOCIAL SECURITY JUSTICE

SOCIAL SECURITY OFFICES ARE CLOSED (CORONAVIRUS)

Effective Tuesday March 17, Social Security offices will be closed to the public.  This is a response to the cronovirus.

Essential services will still be available by telephone during the normal business hours.  You can still access online services at socialsecurity.gov.

The Administration does not say how long the closings will last.  But other public and governmental agencies that have announced closings have said that they will be closed for at least a month.

Here are some phone numbers to the various Social Security offices in north Alabama:

Huntsville    866-593-0665

Decatur       888-289-9185

Florence     855-884-3407

Albertville  800-521-0073

WHY YOU NEED "WORK CREDITS" TO GET SSDI BENEFITS

Social Security disability is an insurance program for workers.  It insures workers against the possibility that they will one day become unable to work.  Then, it can replace part of their lost wages in the form of a disability benefit.

So, how does an individual become covered for Social Security Disability Insurance (SSDI)?

In 2020, a worker receives 1 work credit for each $1,410 earned in a calendar quarter, up to a maximum of 4 credits per year.  (In previous years, it required less work to earn a work credit).

How many work credits does an individual need to have disability coverage and be able to file an SSDI claim?

Here is the rule of thumb for most workers:  You need at least 5 credits out of the past 10 years.  Stated another way:  You should have worked at least 5 out of the past 10 years.

Very young workers may be required to have fewer credits due to their age.

We see unfortunate situations sometimes where an individual has recently become disabled but has not worked in several years.  If there has been no work in 7 or 8 years, there are not enough work credits to support an SSDI claim. These individuals fail to meet the "insured status."

Supplement Security Income is Different

Social Security operates another program called SSI, or Supplemental Security Income.  It does not require any work credits, but is based on financial need.  If an individual is elderly or disabled, SSI may provide a benefit even though the claimant has not worked enough to have SSDI.  Contact a local Social Security office to inquire about SSI benefits.

SOCIAL SECURITY JUSTICE in HUNTSVILLE

WHAT IS A 'LEGAL THEORY' OF YOUR DISABILITY CASE?

The simplest definition of a "legal theory" that I can think of is this:

It is the legal justification for paying a disability benefit under the Social Security Act and related federal laws.

If I looked at as disability case and made a list of 5 rules or regulations that permits Social Security to pay my client a benefit, I have a legal theory of the case.

You might also look at a legal theory as a roadmap to get the claim paid.  

It could be thought of as a checklist:  Here are the things the law requires, and here is how the claimant meets all of those requirements.

Claims are denied because decision makers do not believe that all of the regulations have been met.  If they can be convinced that all the rules have been met, then the claim will get paid.

I often see claimants take the approach that "I am a good, honest person who tells the truth.  I have always worked hard and now I really need this disability benefit.  I want Social Security to believe me and pay me."

This is not a legal argument.  It is usually true, but it isn't enough to get the government to pay a benefit.  Here is the approach the government wants to see:

1.  Prove that you are covered under the Social Security Act and have insured status.

2.  Use objective medical evidence to prove your residual functional capacity.  In other words, prove what is the highest level of functioning you are able to sustain.

3.  Show that you meet all of the rules and regulations of the Social Security Administration to qualify for a disability benefit.

So, the winning approach is more technical, more legal in nature.  Are you disabled (1) because you meet a Listing, (2) by a medical-vocational guideline, (3) or by proving that you cannot perform at least unskilled sedentary work?

Unless you can show that you fall into one of those categories, you cannot be approved.  

Therefore, before you get close to your hearing, you need to have your legal theory of the case worked out in detail.  For most folks, this will involve appointing a disability attorney or advocate to map out the strategy to win.

Social Security Justice in Huntsville