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.
Sunday, March 22, 2020
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:
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.
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.
Friday, March 20, 2020
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.
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.
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.
Wednesday, March 18, 2020
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
___________
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.
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
___________
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.
Tuesday, March 17, 2020
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.....
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
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
Monday, March 16, 2020
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
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
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
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
WHAT IS APPEALS COUNCIL REVIEW?
Many Social Security disability claims are denied and go for a hearing before an Administrative Law Judge (ALJ). If the judge denies the claim, the next appeal is before the Appeals Council (AC).
The Appeals Council is a group of administrative law judges within the Social Security Administration, headquartered at Falls Church, Virginia.
Review by the Appeals Council will be a paper review; no hearing will be held. The AC will decide whether the Administrative Law Judge's decision was correct. If so, the decision will stand and the case remains denied.
If the AC concludes that the ALJ's decision was not correct, it has two options:
1. It remands the decision, returning it to the judge for further action, probably a second hearing. This occurs in less than 15 percent of cases before the AC.
2. The Appeals Council can overturn the judge's decision and award benefits on its own. This happens in less than 5 percent of cases before the AC.
In greater than 80 percent of Appeals Council cases, the judge's decision is considered proper and the AC leaves the decision standing without any change.
Is it worth appealing to the Appeals Council? It may be. However, you should have your denial reviewed by a competent professional. All cases should not be appealed to the AC. There should be at least one clear argument of impropriety in the Administrative Law Judge's decision or handling of the hearing. It isn't enough just to believe that you are disabled but the judge found otherwise. The AC will not reverse or remand a decision on this ground.
The Appeals Council is a group of administrative law judges within the Social Security Administration, headquartered at Falls Church, Virginia.
Review by the Appeals Council will be a paper review; no hearing will be held. The AC will decide whether the Administrative Law Judge's decision was correct. If so, the decision will stand and the case remains denied.
If the AC concludes that the ALJ's decision was not correct, it has two options:
1. It remands the decision, returning it to the judge for further action, probably a second hearing. This occurs in less than 15 percent of cases before the AC.
2. The Appeals Council can overturn the judge's decision and award benefits on its own. This happens in less than 5 percent of cases before the AC.
In greater than 80 percent of Appeals Council cases, the judge's decision is considered proper and the AC leaves the decision standing without any change.
Is it worth appealing to the Appeals Council? It may be. However, you should have your denial reviewed by a competent professional. All cases should not be appealed to the AC. There should be at least one clear argument of impropriety in the Administrative Law Judge's decision or handling of the hearing. It isn't enough just to believe that you are disabled but the judge found otherwise. The AC will not reverse or remand a decision on this ground.
IS FIBROMYALGIA A DISABLING IMPAIRMENT?
In July 2012, the Social Security Administration issued SSR 12-2p, which details how Fibromyalgia is evaluated for disability benefits.
Based on this ruling and our experience representing claimants, we have made some suggestions for individuals suffering from Fibromyalgia who are considering a Social Security disability claim.
1. Seek treatment by a rheumatologist. There are two sets of guidelines concerning Fibromyalgia, both from the American College of Rheumatology (1990, 2010).
2. Get your rheumatologist to provide you with a Residual Functional Capacity (RFC), estimating specific functional limitations imposed by the disease.
The general requirement for Social Security disability is that you are limited to a point of not being able to sustain any full-time work that is available in the US economy. The easiest work, from an exertional standpoint, is sedentary work. If you are judged able to sustain sedentary unskilled work your benefit will usually be denied. Claimants age 50 and over may get a break because of the Medical-Vocational Guidelines.
SOCIAL SECURITY JUSTICE in HUNTSVILLE
Based on this ruling and our experience representing claimants, we have made some suggestions for individuals suffering from Fibromyalgia who are considering a Social Security disability claim.
1. Seek treatment by a rheumatologist. There are two sets of guidelines concerning Fibromyalgia, both from the American College of Rheumatology (1990, 2010).
2. Get your rheumatologist to provide you with a Residual Functional Capacity (RFC), estimating specific functional limitations imposed by the disease.
The general requirement for Social Security disability is that you are limited to a point of not being able to sustain any full-time work that is available in the US economy. The easiest work, from an exertional standpoint, is sedentary work. If you are judged able to sustain sedentary unskilled work your benefit will usually be denied. Claimants age 50 and over may get a break because of the Medical-Vocational Guidelines.
SOCIAL SECURITY JUSTICE in HUNTSVILLE
Thursday, March 12, 2020
HOW MUCH SOCIAL SECURITY BACK PAY CAN YOU GET?
Most claimants who get approved for Social Security disability benefits will receive some amount of back pay.
Social Security will owe you back pay when.....
1. You became disabled several months prior to filing an application for benefits, so benefits accumulated.
2. You had to wait months (or years) for Social Security to decide your case or carry on appeals.
3. Your disability lasted longer than mandatory 5-month waiting period for SSDI claims.
There is no SSDI payments for the first 5 full months of a claim, starting with the approved onset date. For example, if you are found disabled as of 2/10/20, you will lose March through July to the waiting period. Your first date eligible for a payment would be July. (This waiting period does not apply to Supplemental Income Security or SSI, which is a totally different program).
What is the maximum back pay possible? There really is no maximum in terms of a dollar amount. I have represented claimants with back pay of almost $100,000. This is a large, unusual amount but most claimants receive some back pay. Back pay of $15,000 to $40,000 is not uncommon at all.
SSDI claimants may receive retroactive payments for up to 12 months prior to filing their claim (assuming they were disabled for this entire period and not working). They get back payments for each month Social Security delays in processing and deciding their claim.
We always look for ways to get our clients the maximum back pay awards. Back pay will also be tied to eligibility for Medicare coverage. As a general rule, the further back your pay goes, the earlier your Medicare can begin.
Social Security will owe you back pay when.....
1. You became disabled several months prior to filing an application for benefits, so benefits accumulated.
2. You had to wait months (or years) for Social Security to decide your case or carry on appeals.
3. Your disability lasted longer than mandatory 5-month waiting period for SSDI claims.
There is no SSDI payments for the first 5 full months of a claim, starting with the approved onset date. For example, if you are found disabled as of 2/10/20, you will lose March through July to the waiting period. Your first date eligible for a payment would be July. (This waiting period does not apply to Supplemental Income Security or SSI, which is a totally different program).
What is the maximum back pay possible? There really is no maximum in terms of a dollar amount. I have represented claimants with back pay of almost $100,000. This is a large, unusual amount but most claimants receive some back pay. Back pay of $15,000 to $40,000 is not uncommon at all.
SSDI claimants may receive retroactive payments for up to 12 months prior to filing their claim (assuming they were disabled for this entire period and not working). They get back payments for each month Social Security delays in processing and deciding their claim.
We always look for ways to get our clients the maximum back pay awards. Back pay will also be tied to eligibility for Medicare coverage. As a general rule, the further back your pay goes, the earlier your Medicare can begin.
WHAT IS THE NEW "RECONSIDERATION" PROCESS IN ALABAMA?
Something new called "Reconsideration" came upon the disabled community in Alabama starting October, 2019.
"Reconsideration" is a new step in getting your Social Security disability approved.
Prior to October last year, when Social Security denied your claim, you could go straight to a hearing. Now, you can't.
Now, you have to ask for "Reconsideration." This first appeal does not send you to a judge. It sends your denied claim back to the state agency that denied it. The state gets to look at the claim again to see if they can approve it the second time. Of course, they can't.
So, after wasting about 60 more days of your time, you get another denial (98 percent of the time)! Only then can you file an appeal which will take you before an Administrative Law Judge (ALJ).
Alabama was one of 10 states that did not use "Reconsideration" prior to October, 2019. These 10 states were called prototype states. But last year Social Security began bringing those 10 states into line with the other 40. Now, Alas, all states waste your time with "Reconsideration."
Is "Reconsideration" required before you can apply for a hearing? Yes, it is. There is no way to skip it.
Does "Reconsideration" ever result in a getting you a better decision? Rarely. The numbers I am seeing are literally a 98 percent denial at this stage. That's because nothing really new happens at this step. It's almost a rubber stamp of the first denial.
So, you apply and get denied. You appeal and get denied again at "Reconsideration." What do you do? File another appeal, which sets you up for a hearing with a judge.
I fear that many claimants misunderstand "Reconsideration." I fear they think, "I was denied. I appealed, and my appeal also was denied. So, I am finished."
This is not the case. The 'real' appeal is at the hearing level, which is actually the second appeal. This is where a judge comes in, and this is where something actually different happens with your case.
What's different about a hearing with a judge?
"Reconsideration" is a new step in getting your Social Security disability approved.
Prior to October last year, when Social Security denied your claim, you could go straight to a hearing. Now, you can't.
Now, you have to ask for "Reconsideration." This first appeal does not send you to a judge. It sends your denied claim back to the state agency that denied it. The state gets to look at the claim again to see if they can approve it the second time. Of course, they can't.
So, after wasting about 60 more days of your time, you get another denial (98 percent of the time)! Only then can you file an appeal which will take you before an Administrative Law Judge (ALJ).
Alabama was one of 10 states that did not use "Reconsideration" prior to October, 2019. These 10 states were called prototype states. But last year Social Security began bringing those 10 states into line with the other 40. Now, Alas, all states waste your time with "Reconsideration."
Is "Reconsideration" required before you can apply for a hearing? Yes, it is. There is no way to skip it.
Does "Reconsideration" ever result in a getting you a better decision? Rarely. The numbers I am seeing are literally a 98 percent denial at this stage. That's because nothing really new happens at this step. It's almost a rubber stamp of the first denial.
So, you apply and get denied. You appeal and get denied again at "Reconsideration." What do you do? File another appeal, which sets you up for a hearing with a judge.
I fear that many claimants misunderstand "Reconsideration." I fear they think, "I was denied. I appealed, and my appeal also was denied. So, I am finished."
This is not the case. The 'real' appeal is at the hearing level, which is actually the second appeal. This is where a judge comes in, and this is where something actually different happens with your case.
What's different about a hearing with a judge?
- It's the first time you meet with a decision maker face-to-face.
- It's the first time you bring your lawyer with you.
- You get to submit any new evidence you have or can get.
- You can produce your doctor's opinion about your abilities to perform work-like activities.
- Your lawyer can set forth legal theories about your case and make arguments.
- You have a chance to dispute erroneous statements, facts or suppositions about your case.
FATE OF DENIED SSDI CLAIMANTS
The fate of claimants denied for Social Security disability benefits is unfortunate, according to a recent study. The study finds that older Americans denied due to stringent government standards go on to struggle with difficulty earning a living, poor medical care and poor prospects in the job market.
Most applicants are denied because of Social Security's nearly impossible standards for proving disability. Without an appeal, these applicants face dim prospects going forward.
Of the sample group studied, over 50 percent of them eventually received SSDI benefits. However, nearly all of them required an appeal. And most of them had to endure a long wait to get benefits approved. All of the applicants in the study were at least 50 years old. Nearly all of them used a lawyer to get their benefits.
A Government Accountability Office (GAO) study confirmed that few individuals who have been denied for disability benefits ever worked again.
So, when you have been denied Social Security disability benefits, what should you do? 4 things:
1. File an appeal and be sure to do it within 60 days.
2. File a second appeal if your first one is denied. (The second appeal, called "Reconsideration," is also commonly denied).
3. Prepare to attend a hearing before an administrative law judge (ALJ). This is your absolute best chance.
4. Whatever you do, get representation for this hearing. Do not attempt it alone. It's your best chance, don't mess it up.
The government has done one thing right. They have fixed it so you can get good legal representation with no upfront cost, and not even any future cost to you unless you win.
Most applicants are denied because of Social Security's nearly impossible standards for proving disability. Without an appeal, these applicants face dim prospects going forward.
Of the sample group studied, over 50 percent of them eventually received SSDI benefits. However, nearly all of them required an appeal. And most of them had to endure a long wait to get benefits approved. All of the applicants in the study were at least 50 years old. Nearly all of them used a lawyer to get their benefits.
A Government Accountability Office (GAO) study confirmed that few individuals who have been denied for disability benefits ever worked again.
So, when you have been denied Social Security disability benefits, what should you do? 4 things:
1. File an appeal and be sure to do it within 60 days.
2. File a second appeal if your first one is denied. (The second appeal, called "Reconsideration," is also commonly denied).
3. Prepare to attend a hearing before an administrative law judge (ALJ). This is your absolute best chance.
4. Whatever you do, get representation for this hearing. Do not attempt it alone. It's your best chance, don't mess it up.
The government has done one thing right. They have fixed it so you can get good legal representation with no upfront cost, and not even any future cost to you unless you win.
Wednesday, March 11, 2020
WHO IS ALLOWED TO DECIDE IF YOU ARE DISABLED?
Who is allowed to decide whether you are disabled? Your doctor? Your lawyer? Someone else?
I am speaking of disability from the legal perspective.
Social Security Rule 96-5p states that the question of whether you are disabled is "reserved to the Commissioner of Social Security."
The claimant cannot say that he/she is disabled. Your lawyer cannot say. Your doctor cannot say. Only the Commissioner can make that determination.
So, how does the Commissioner make that determination?
In the original application process, the determination is usually made by a state agency called the Disability Determination Service (DDS). The DDS speaks for the Commissioner.
In the appeal process, the determination is usually made by an administrative law judge (ALJ) following a hearing. The ALJ speaks for the Commissioner.
I sometimes get clients who tell me, "I know I am disabled because my doctor says I am." It can be difficult to explain that doctors aren't permitted to make that decision for Social Security.
So, do doctors have a role in the disability decision-making process? Yes, they absolutely do. Doctors should provide two valuable things for a disability claim: (1) objective medical evidence, and (2) a professional opinion about the patient's residual functional capacity (i.e., restrictions and limitations of function).
Do lawyers have a role? Yes, they absolutely do. The role of your lawyer or advocate is to gather evidence and explain to the Commissioner's spokesperson how the claimant meets the guidelines that have been established for determining disability.
I am speaking of disability from the legal perspective.
Social Security Rule 96-5p states that the question of whether you are disabled is "reserved to the Commissioner of Social Security."
The claimant cannot say that he/she is disabled. Your lawyer cannot say. Your doctor cannot say. Only the Commissioner can make that determination.
So, how does the Commissioner make that determination?
In the original application process, the determination is usually made by a state agency called the Disability Determination Service (DDS). The DDS speaks for the Commissioner.
In the appeal process, the determination is usually made by an administrative law judge (ALJ) following a hearing. The ALJ speaks for the Commissioner.
I sometimes get clients who tell me, "I know I am disabled because my doctor says I am." It can be difficult to explain that doctors aren't permitted to make that decision for Social Security.
So, do doctors have a role in the disability decision-making process? Yes, they absolutely do. Doctors should provide two valuable things for a disability claim: (1) objective medical evidence, and (2) a professional opinion about the patient's residual functional capacity (i.e., restrictions and limitations of function).
Do lawyers have a role? Yes, they absolutely do. The role of your lawyer or advocate is to gather evidence and explain to the Commissioner's spokesperson how the claimant meets the guidelines that have been established for determining disability.
FINDING TIME TO MANAGE YOUR DISABILITY CLAIM
Handing your disability claim is a time consuming job. There are so many things to do, and so many deadlines to be met. Failure to meet deadlines will potentially cause your claim to be denied and send you back to the drawing board to start over.
First, you complete dozens of pages of forms. Then, more forms arrive in the mail. Second, you begin to obtain medical records from your doctors and other providers, a time consuming and expensive proposition.
There will be questions from Social Security, which must be answered quickly and accurately.
If you apply national averages to your case, there is a 7 out of 10 chance that your claim will be denied and require an appeal process. More forms, more questions, and more time invested.
It's no wonder that most people find Social Security disability to be confusing, demanding and overwhelming. Too many folks just give up and quit.
The answer may be to get a professional representative, like the Forsythe Firm, to handle your claim or appeal. We can do everything under one roof. When you turn your case over to us, it frees up your time to get on with your life.
Best of all, there is no fee unless you win and receive back pay. Even then, you won't need to write us a check. Social Security will determine our fee and send us a payment automatically.
SOCIAL SECURITY DISABILITY in HUNTSVILLE
First, you complete dozens of pages of forms. Then, more forms arrive in the mail. Second, you begin to obtain medical records from your doctors and other providers, a time consuming and expensive proposition.
There will be questions from Social Security, which must be answered quickly and accurately.
If you apply national averages to your case, there is a 7 out of 10 chance that your claim will be denied and require an appeal process. More forms, more questions, and more time invested.
It's no wonder that most people find Social Security disability to be confusing, demanding and overwhelming. Too many folks just give up and quit.
The answer may be to get a professional representative, like the Forsythe Firm, to handle your claim or appeal. We can do everything under one roof. When you turn your case over to us, it frees up your time to get on with your life.
Best of all, there is no fee unless you win and receive back pay. Even then, you won't need to write us a check. Social Security will determine our fee and send us a payment automatically.
SOCIAL SECURITY DISABILITY in HUNTSVILLE
Saturday, March 7, 2020
WHAT YOU DO IN YOUR SPARE TIME CAN AFFECT SSDI
What you do in your spare time will impact whether you can get Social Security disability payments. The main issue, of course, is whether you can work. But hobbies, leisure activities, and even vacations can have a bearing.
At your hearing, the administrative law judge is likely to ask you about your activities around your home: do you perform yard work or housework? Do you drive? Do you help the kids with homework? How often do you use Facebook or play video games? Have you taken an out-of-town vacation in the last year or two?
What do these questions have to do with whether you are disabled? A lot, actually. A disabled person will typically not engage in the same type of activities that he or she was able to do before the disability began.
The judge wants to know how active you are. What are you able to do? In what ways has your impairment restricted your activities? How is your life more restricted now than it was before?
If you claim that your impairment limits your memory or ability to concentrate, the judge may find it inconsistent that you play video games for 2 hours a day. or spend a lot of time on social media. If you testify that you are restricted in your ability to stand or walk for prolonged periods, it may seem incredible that you take long walks every day, go grocery shopping regularly or play tennis.
When the judge asks you about your hobbies, he/she is asking you about hobbies that you still engage in. If tennis was your passion prior to disability, but you can't play now--don't tell the judge that tennis is one of your hobbies. It was a hobby (past tense); it is not now. You should be very clear about this. If you loved nature hikes prior to your disability but can't do them anymore, don't say that hiking is a hobby.
The judge looks for consistency: what you do in your leisure time must match up with the restrictions that you claim you have.
I think a lot of claimants misunderstand questions or they refer to activities they once were able to do, but not any more. Think carefully about questions so that you give an honest, fair and accurate picture of your regular activities.
At your hearing, the administrative law judge is likely to ask you about your activities around your home: do you perform yard work or housework? Do you drive? Do you help the kids with homework? How often do you use Facebook or play video games? Have you taken an out-of-town vacation in the last year or two?
What do these questions have to do with whether you are disabled? A lot, actually. A disabled person will typically not engage in the same type of activities that he or she was able to do before the disability began.
The judge wants to know how active you are. What are you able to do? In what ways has your impairment restricted your activities? How is your life more restricted now than it was before?
If you claim that your impairment limits your memory or ability to concentrate, the judge may find it inconsistent that you play video games for 2 hours a day. or spend a lot of time on social media. If you testify that you are restricted in your ability to stand or walk for prolonged periods, it may seem incredible that you take long walks every day, go grocery shopping regularly or play tennis.
When the judge asks you about your hobbies, he/she is asking you about hobbies that you still engage in. If tennis was your passion prior to disability, but you can't play now--don't tell the judge that tennis is one of your hobbies. It was a hobby (past tense); it is not now. You should be very clear about this. If you loved nature hikes prior to your disability but can't do them anymore, don't say that hiking is a hobby.
The judge looks for consistency: what you do in your leisure time must match up with the restrictions that you claim you have.
I think a lot of claimants misunderstand questions or they refer to activities they once were able to do, but not any more. Think carefully about questions so that you give an honest, fair and accurate picture of your regular activities.
YOU CAN'T DO YOUR PAST JOB: ARE YOU DISABLED?
You have an illness or injury that makes it impossible for you to perform the work you've done for years. Does that mean you are disabled? Not necessarily.
Here's an example: Howard worked in construction for over 20 years. He is 47 years old. Gradually, he developed degenerative disc disease in the lumbar spine, probably helped along by heavy lifting, frequent bending and being on his feet 10 hours a day at work. Howard's back and hip pain is too great for him to continue in construction work. Can he get SSDI benefits?
It isn't that simple. While I can prove that Howard must leave the construction industry, Social Security will argue that he can find other work that doesn't require as much lifting, bending, kneeling and walking.
Howard's construction work was classified as heavy work. He was on his feet all day and lifted between 50 and 90 pounds. Social Security will admit that he can't do heavy work anymore because of his spine disease. However, they will also argue that Howard can do light or sedentary work.
If he is able to perform full-time light or sedentary work, he is not disabled at 47 years of age. So, his benefit would be denied. To win, he must prove that there is no full-time work in the national economy that he could do. He must prove that he can't do even sedentary (sit down) jobs, like ticket taker or parking garage attendant.
He is 47, so Social Security law assumes that Howard can adjust to new types of work. Howard makes the following objections to this idea of new work:
So, meeting all of the Social Security regulations for disability is a challenge. In Howard's case, as a "younger individual," we will have to prove that there is no substantial number of full-time job in the United States that Howard can perform. A good disability attorney or advocate may be able to prove this if there is good medical evidence. But with individuals under 50, it's always challenging because the rules are so strict.
Here's an example: Howard worked in construction for over 20 years. He is 47 years old. Gradually, he developed degenerative disc disease in the lumbar spine, probably helped along by heavy lifting, frequent bending and being on his feet 10 hours a day at work. Howard's back and hip pain is too great for him to continue in construction work. Can he get SSDI benefits?
It isn't that simple. While I can prove that Howard must leave the construction industry, Social Security will argue that he can find other work that doesn't require as much lifting, bending, kneeling and walking.
Howard's construction work was classified as heavy work. He was on his feet all day and lifted between 50 and 90 pounds. Social Security will admit that he can't do heavy work anymore because of his spine disease. However, they will also argue that Howard can do light or sedentary work.
If he is able to perform full-time light or sedentary work, he is not disabled at 47 years of age. So, his benefit would be denied. To win, he must prove that there is no full-time work in the national economy that he could do. He must prove that he can't do even sedentary (sit down) jobs, like ticket taker or parking garage attendant.
He is 47, so Social Security law assumes that Howard can adjust to new types of work. Howard makes the following objections to this idea of new work:
- No one will hire me because I have no experience.
- The economy is really slow and new jobs are scarce.
- There are none of those jobs in my town; I'd have to move.
- The new jobs don't pay enough for me to live on. Construction paid very good money.
- I really don't want to be a salesman or telemarketer, etc.
So, meeting all of the Social Security regulations for disability is a challenge. In Howard's case, as a "younger individual," we will have to prove that there is no substantial number of full-time job in the United States that Howard can perform. A good disability attorney or advocate may be able to prove this if there is good medical evidence. But with individuals under 50, it's always challenging because the rules are so strict.
WAYS TO WIN YOUR DISABILITY CASE ON APPEAL
There are 3 main ways to approach a Social Security disability claim on appeal (hearing).
1. Meet or Equal a Listing. About 10 percent of cases can be shown to meet a Listing. When this happens, approval is automatic and straight forward.
2. Meet a Medical-Vocational Guideline. Only for claimants age 50 and over, these grids combine age, past work experience, residual functional capacity and education to line up a finding of disability.
3. Use Residual Functional Capacity (RFC) to show that you can't perform any work available in the national economy. Here, a detailed RFC from your doctor is of great help. Most claimants get denied because the judge believes they can perform either light or sedentary work. We can use your doctor's RFC to prove this isn't possible. This is how we tackle cases of younger claimants (under age 50) who don't meet a Listing level impairment.
These are very broad outlines of ways to win disability claims. Putting together the details and presenting them effectively is the job of your lawyer or advocate.
1. Meet or Equal a Listing. About 10 percent of cases can be shown to meet a Listing. When this happens, approval is automatic and straight forward.
2. Meet a Medical-Vocational Guideline. Only for claimants age 50 and over, these grids combine age, past work experience, residual functional capacity and education to line up a finding of disability.
3. Use Residual Functional Capacity (RFC) to show that you can't perform any work available in the national economy. Here, a detailed RFC from your doctor is of great help. Most claimants get denied because the judge believes they can perform either light or sedentary work. We can use your doctor's RFC to prove this isn't possible. This is how we tackle cases of younger claimants (under age 50) who don't meet a Listing level impairment.
These are very broad outlines of ways to win disability claims. Putting together the details and presenting them effectively is the job of your lawyer or advocate.
Friday, March 6, 2020
SSDI - DON'T PLAY THE ODDS
Here's a revealing statistic from a recent one-month period. During this month.....
156,670 new Social Security disability appeals were filed.
67,036 of these appeals were approved\ (42%).
42 percent were awarded benefits while 58 percent were either dismissed or denied.
This was a very normal month for Social Security. Month after month, year after year, the numbers hover right around this same measurement.
Since less than one-half of appealed claims will eventually get approved, you owe it to yourself to give your case as much support as possible.
With those odds, you probably don't want to handle your own appeal. Contact a professional advocate to handle your appeal. The difference is experience.
SOCIAL SECURITY JUSTICE in HUNTSVILLE
156,670 new Social Security disability appeals were filed.
67,036 of these appeals were approved\ (42%).
42 percent were awarded benefits while 58 percent were either dismissed or denied.
This was a very normal month for Social Security. Month after month, year after year, the numbers hover right around this same measurement.
Since less than one-half of appealed claims will eventually get approved, you owe it to yourself to give your case as much support as possible.
With those odds, you probably don't want to handle your own appeal. Contact a professional advocate to handle your appeal. The difference is experience.
SOCIAL SECURITY JUSTICE in HUNTSVILLE
HOW TO WIN A DISABILITY HEARING
You were denied Social Security disability insurance (SSDI) benefits and filed a proper appeal. You waited for months and soon you are going to have a hearing on your case. You will be appearing before an administrative law judge.
About 42 percent of hearings will be successful and result in payment of benefits. What can you do to help insure that your case is among the winners?
1. Get All the Medical Evidence. Your medical file must be complete prior to the hearing. The judge will expect a record from every doctor, hospital, clinic or other provider you have seen from your alleged onset date to the present time.
2. Be Sure Your Evidence is Presently Correctly. There is a correct and expected way to present evidence. Questions will be asked. Challenges will be made. Proof will be required.
3. Prepare Vocational (Job) Evidence. In many cases, details about your past work can spell victory or defeat. Be sure you know how to present vocational evidence related to jobs you have held during the 15 year period preceding your disability onset. This is one of the most overlooked aspects of an SSDI case. It makes a big difference.
4. Get Professional Help. I accept only a few of the many cases that contact me each week. But I always refer the ones I can't take to an attorney or advocate in the area because I believe that proper representation is essential to success. Professional assistance will insure that your case is presented as expected, properly, and effectively. Proper representation will also take care of #3 and #4 above: presenting evidence properly and preparing vocational evidence. "Good representation doesn't cost, it pays."
SOCIAL SECURITY JUSTICE in HUNTSVILLE
About 42 percent of hearings will be successful and result in payment of benefits. What can you do to help insure that your case is among the winners?
1. Get All the Medical Evidence. Your medical file must be complete prior to the hearing. The judge will expect a record from every doctor, hospital, clinic or other provider you have seen from your alleged onset date to the present time.
2. Be Sure Your Evidence is Presently Correctly. There is a correct and expected way to present evidence. Questions will be asked. Challenges will be made. Proof will be required.
3. Prepare Vocational (Job) Evidence. In many cases, details about your past work can spell victory or defeat. Be sure you know how to present vocational evidence related to jobs you have held during the 15 year period preceding your disability onset. This is one of the most overlooked aspects of an SSDI case. It makes a big difference.
4. Get Professional Help. I accept only a few of the many cases that contact me each week. But I always refer the ones I can't take to an attorney or advocate in the area because I believe that proper representation is essential to success. Professional assistance will insure that your case is presented as expected, properly, and effectively. Proper representation will also take care of #3 and #4 above: presenting evidence properly and preparing vocational evidence. "Good representation doesn't cost, it pays."
SOCIAL SECURITY JUSTICE in HUNTSVILLE
Thursday, March 5, 2020
OBSTACLES BETWEEN YOU AND DISABILITY BENEFITS
It would not be entirely wrong to think of the Social Security disability process as an obstacle course. There are indeed many obstacles between you and the benefits you need and may truly deserve.
By recognizing the obstacles we may be able to help you overcome them.
1. Lack of Medical Treatment. I can't over emphasize how important medical treatment is to a disability claim. The law requires medically documented impairments, supported by objective medical evidence. Without it, the case is hopeless on the surface.
2. Failing to Understand the Burden of Proof. It is up to the claimant to prove, in the legal sense of the word, that he or she is disabled according to the rules of the Social Security Administration. This really has nothing to do with common sense, as we might think. It's about knowing the rules and mapping out a strategy to prove the case according to the regulations. And the regulations are very specific and very strict. There is the truth you know ("I know I am disabled"), and the truth you can prove.
3. Failure to Get Your Doctor On Board. Your doctor can be your most important ally. Of course, he/she will provide medical records. But will your doctor give you a residual functional report that shows what your functional limits are? We recommend you speak to your doctor before filing a claim.
4. Insufficient Work Credits. A claimant must have worked and paid into Social Security long enough--and recently enough--to be covered. SSDI is "Social Security Disability Insurance." Yes "insurance." You get the coverage by working and paying FICA withholding tax. Most individuals need to have worked at least 5 years out of the past 10 years to have SSDI coverage.
5. Work After Your Alleged Onset Date (AOD). You should not be working after filing for SSDI or SSI benefits. As of 2020, wages or self-employment earnings of $1,260 or more per month will disqualify a claimant for disability benefits. Prior to 2020, it took even less. The principle is: Social Security is designed to help individuals who have become unable to work. If you are able to work, then you are not eligible for disability benefits. Incidentally, unemployment benefits can have a negative impact on a disability claim, too.
"Straight is the path and narrow is the gate" that leads to Social Security disability benefits.
By recognizing the obstacles we may be able to help you overcome them.
1. Lack of Medical Treatment. I can't over emphasize how important medical treatment is to a disability claim. The law requires medically documented impairments, supported by objective medical evidence. Without it, the case is hopeless on the surface.
2. Failing to Understand the Burden of Proof. It is up to the claimant to prove, in the legal sense of the word, that he or she is disabled according to the rules of the Social Security Administration. This really has nothing to do with common sense, as we might think. It's about knowing the rules and mapping out a strategy to prove the case according to the regulations. And the regulations are very specific and very strict. There is the truth you know ("I know I am disabled"), and the truth you can prove.
3. Failure to Get Your Doctor On Board. Your doctor can be your most important ally. Of course, he/she will provide medical records. But will your doctor give you a residual functional report that shows what your functional limits are? We recommend you speak to your doctor before filing a claim.
4. Insufficient Work Credits. A claimant must have worked and paid into Social Security long enough--and recently enough--to be covered. SSDI is "Social Security Disability Insurance." Yes "insurance." You get the coverage by working and paying FICA withholding tax. Most individuals need to have worked at least 5 years out of the past 10 years to have SSDI coverage.
5. Work After Your Alleged Onset Date (AOD). You should not be working after filing for SSDI or SSI benefits. As of 2020, wages or self-employment earnings of $1,260 or more per month will disqualify a claimant for disability benefits. Prior to 2020, it took even less. The principle is: Social Security is designed to help individuals who have become unable to work. If you are able to work, then you are not eligible for disability benefits. Incidentally, unemployment benefits can have a negative impact on a disability claim, too.
"Straight is the path and narrow is the gate" that leads to Social Security disability benefits.
HOW MANY STEPS IN THE DISABILITY PROCESS?
By now, you know that it's not as simple as completing an application and waiting or your check to arrive in the mail.
But how many steps are there in the Social Security disability process?
It varies from person to person. But the majority of claimants will take the following journey in the struggle to get Social Security disability.
1. Complete all the application forms, including
3. File a Request for Hearing by an Administrative Law Judge.
4. Attend a hearing
Based on Alabama averages, about 45 percent of claimants will be awarded benefits at the hearing level. Those who are denied at the hearing will file an appeal with the Appeals Council, where the chance of getting a favorable response is less than 15 percent.
No wonder there is a huge legal industry involved in trying to help claimants get what they deserve--a Social Security disability check.
But how many steps are there in the Social Security disability process?
It varies from person to person. But the majority of claimants will take the following journey in the struggle to get Social Security disability.
1. Complete all the application forms, including
- Application
- Disability Report
- Function Report
- Work History Report
- Other questionnaires, as requested
3. File a Request for Hearing by an Administrative Law Judge.
4. Attend a hearing
Based on Alabama averages, about 45 percent of claimants will be awarded benefits at the hearing level. Those who are denied at the hearing will file an appeal with the Appeals Council, where the chance of getting a favorable response is less than 15 percent.
No wonder there is a huge legal industry involved in trying to help claimants get what they deserve--a Social Security disability check.
WHAT IS A TECHNICAL DENIAL?
Over 27% of initial applications are denied before even being reviewed due to what is called a “technical denial.” A technical denial occurs when an applicant does not meet the general, non-medical requirements for disability benefits. Below are some common reasons for technical denials:
- Not enough work history was shown for proper eligibility.
- The claimant is currently working over the allowed limit.
- The claimant is receiving too much in earned and/or unearned income (applies to SSI only, not to SSDI)
- The claimant has too much in assets (applies to SSI, but not to SSDI).
- The appeal was not filed within the required deadline.
A word about work history. Social Security disability (SSDI) is an insurance program sponsored by the federal government. Workers pay into SSDI through payroll deduction. The tax is called FICA through the Federal Insurance Contribution Act. This is the tax that funds SSDI and Medicare. When an individual stops working, he/she stops paying FICA tax. Like any other insurance, when you stop paying, the coverage eventually expires. The general rule of thumb: You should have worked and paid FICA tax for at least 5 out of the most recent 10 year period. It's easier to understand when you think of Social Security disability as an insurance plan for workers. It is the ability to work that is being insured.
Generally, Social Security continues to cover you for about 5 years after you stop working. There can be exceptions. For someone who has not worked in 6 or 8 years, it is unlikely that you are covered by Social Security disability. Call the local Social Security office to find out.
Wednesday, March 4, 2020
APPEAL FIRST: ASK QUESTIONS LATER
Social Security is bad to deny disability claims. Their strict definition of what disability means, their mechanical review of applications, and their unwillingness to give claimants any benefit of the doubt--all make it difficult to win. Around 75 percent of disability claims in Alabama are denied.
The cure for a denied claim is simple: a quick appeal.
Most claims today are won in the appeal process, not in the application process.
In fact, it usually requires two appeals to get approved these days.
The first appeal is for what they call "Reconsideration." In Reconsideration, the same state agency that denied your claim to begin with reviews the denial to see if a mistake was made. Literally 98 percent of "Reconsideration" appeals result in another denial. The only reason to file this appeal is that you are required to.
The second appeal sets you up for a hearing before an administrative law judge (ALJ). This is where you want to be if you have been denied. The judge will review your claim with a fresh look, will consider all the evidence (including new evidence) and give you a totally new decision. You are encouraged to have legal representation for this hearing.
Appeals must be filed within 60 days of each denial. This deadline is firm and has few exceptions. Do not miss the 60 day deadline to file an appeal on any unfavorable decision. Appeal now, ask questions later!
The cure for a denied claim is simple: a quick appeal.
Most claims today are won in the appeal process, not in the application process.
In fact, it usually requires two appeals to get approved these days.
The first appeal is for what they call "Reconsideration." In Reconsideration, the same state agency that denied your claim to begin with reviews the denial to see if a mistake was made. Literally 98 percent of "Reconsideration" appeals result in another denial. The only reason to file this appeal is that you are required to.
The second appeal sets you up for a hearing before an administrative law judge (ALJ). This is where you want to be if you have been denied. The judge will review your claim with a fresh look, will consider all the evidence (including new evidence) and give you a totally new decision. You are encouraged to have legal representation for this hearing.
Appeals must be filed within 60 days of each denial. This deadline is firm and has few exceptions. Do not miss the 60 day deadline to file an appeal on any unfavorable decision. Appeal now, ask questions later!
TOP 3 DISABILITIES IN VETERANS
Trauma resulting from military service can be long lasting. While there may certainly be physical trauma, many veterans suffer from psychological trauma.
The top 3 disabilities we see among veterans are:
1. General Anxiety disorder. This may exhibit itself as excessive worry, poor or irregular sleep, fatigue, nervousness, appetite changes, or many other symptoms.
2. Post Traumatic Stress Disorder (PTSD). There are many symptoms resulting from this disorder: hypervigilence, isolation, dread of leaving home or familiar surroundings (agoraphobia), increased startle reflex, distrust of others, paranoia, erratic sleep patterns and many others.
3. Major Depressive Disorder. Mood changes, feelings of worthlessness, hopelessness, fatigue, loss of interest in usually enjoyable activities, increased or decreased appetite, and other symptoms.
Will Social Security pay a benefit for these or other psychological symptoms?
Yes, if the symptoms are long term and severe enough to cause a major disruption in the ability to work. A medical or psychological impairment must last at least 12 consecutive months, be expected to last at least 12 consecutive months OR to result in death.
In the case of psychological symptoms, treatment should be provided by either a licensed psychologist or psychiatrist. Many veterans receive treatment from one of the VA facilities. These facilities have qualified psychiatrists and/or psychologists on staff. Medical evidence from these providers can be used to as proof of disability.
We should note that Social Security (SSDI) has separate and different requirements than the Veterans Administration (VA). Many veterans qualify for benefits from both Social Security and the VA. However, the SSDI process is totally separate and must be applied for (and often appealed) in a separate process from the VA.
The Forsythe Firm in Huntsville has helped many veterans to apply for and receive SSDI benefits. We are veteran friendly and understand what is required to prove disability to the satisfaction of the Social Security Administration. You can get a free evaluation and we will never ask for a fee unless you are approved and receive a lump sum back pay settlement in addition to your monthly SSDI benefits.
The top 3 disabilities we see among veterans are:
1. General Anxiety disorder. This may exhibit itself as excessive worry, poor or irregular sleep, fatigue, nervousness, appetite changes, or many other symptoms.
2. Post Traumatic Stress Disorder (PTSD). There are many symptoms resulting from this disorder: hypervigilence, isolation, dread of leaving home or familiar surroundings (agoraphobia), increased startle reflex, distrust of others, paranoia, erratic sleep patterns and many others.
3. Major Depressive Disorder. Mood changes, feelings of worthlessness, hopelessness, fatigue, loss of interest in usually enjoyable activities, increased or decreased appetite, and other symptoms.
Will Social Security pay a benefit for these or other psychological symptoms?
Yes, if the symptoms are long term and severe enough to cause a major disruption in the ability to work. A medical or psychological impairment must last at least 12 consecutive months, be expected to last at least 12 consecutive months OR to result in death.
In the case of psychological symptoms, treatment should be provided by either a licensed psychologist or psychiatrist. Many veterans receive treatment from one of the VA facilities. These facilities have qualified psychiatrists and/or psychologists on staff. Medical evidence from these providers can be used to as proof of disability.
We should note that Social Security (SSDI) has separate and different requirements than the Veterans Administration (VA). Many veterans qualify for benefits from both Social Security and the VA. However, the SSDI process is totally separate and must be applied for (and often appealed) in a separate process from the VA.
The Forsythe Firm in Huntsville has helped many veterans to apply for and receive SSDI benefits. We are veteran friendly and understand what is required to prove disability to the satisfaction of the Social Security Administration. You can get a free evaluation and we will never ask for a fee unless you are approved and receive a lump sum back pay settlement in addition to your monthly SSDI benefits.
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