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
Saturday, April 18, 2020
Monday, April 13, 2020
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.
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:
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
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.
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
Saturday, April 11, 2020
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.
Wednesday, April 8, 2020
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
Tuesday, April 7, 2020
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.....
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.
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