Sunday, December 19, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Wednesday, December 8, 2021

5 STEPS SOCIAL SECURITY USES TO DECIDE IF YOU ARE DISABLED

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

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

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

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

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

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

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

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

Using an attorney or advocate who understands how to use medical evidence, vocational factors, skill levels, grid rules, and listings is crucial to success. There is a good reason why a large legal specialty has grown up around Social Security cases. The reason is: these lawyers get results for their disabled clients.
_________________
The Forsythe Firm Huntsville, AL 35806
Free Consultations & You Never Pay Until After You Win

CALL (256) 799-0297


 

Wednesday, September 15, 2021

2 SURE WAYS TO GET DISABILITY BENEFITS

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

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

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

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

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

II.      PROVE THAT YOU ARE NOT ABLE TO WORK

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

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

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



Sunday, June 13, 2021

DISABLED? WHAT YOU CAN DO WITH JUST A PHONE CALL

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

1.  Ask us a free question about eligibility or benefits

2.  Get a free evaluation of your case

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

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

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

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

We will never charge you for any work we do until

*  You win your case and get paid, and

*  You recover lump sum back pay. 

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


Tuesday, June 8, 2021

CAN YOU WORK WHILE ON SOCIAL SECURITY DISABILITY?

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

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

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

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

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

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

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

  

Sunday, June 6, 2021

GETTING DISABILITY $$$ FOR ANXIETY & DEPRESSION

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

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

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

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

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

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

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

___________

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

Monday, May 31, 2021

GETTING A DISABILITY CLAIM APPROVED

 


Social Security is tight with their money.  They have a very strict, particular definition of 'disability' and benefits are hard to get.  As someone who has worked more than two decades as a Social Security disability advocate, I've learned a few things about how to get a disability claim approved.

1.  You need current and strong medical evidence.  It's important to see your doctor(s) regularly.

2.  You need a good understanding of how Social Security works:  who it covers, what it covers, it's regulations, procedures and requirements.  It's taboos and pitfalls.

3.  You must be prepared for a fight.  Almost no one wins their claims in the early stages.  Usually, it requires at least 2 appeals and a hearing before a judge.  Persistence is what pays off.

4.  You probably need an attorney or professional advocate.  The system is too complex and complicated to navigate it on your own, especially in appeals.

 

Saturday, May 29, 2021

WHAT IS A JUDGE'S ROLE IN SOCIAL SECURITY DISABILITY?

 What are the odds that your disability case will wind up before a judge?  What is the judge's role in this process?

Most Social Security disability claims go before a judge for a hearing.  Only about 25 percent of claims are paid simply by filing an application (the most obvious cases).  The first appeal, called "Reconsideration," pays only about 10 percent of claims.  So, that means approximately 65 percent of claims will go before an administrative law judge for a hearing.

 What is the Judge's Role in the Process?

The judge is there to give you a brand new review of your claim and a new decision.  He or she is a fact finder.  The judge will listen to your testimony, hear arguments by your attorney, review all the medical evidence (including new evidence), and render a new decision.  The judge is not bound by an previous decisions that Social Security has made.  He or she can certainly overrule a denial if the evidence warrants.

The judge presides over the hearing, decides the order in which things are done, swears in everyone who will be providing testimony, rules on objections and asks probing questions of the claimant and attorney.   He/she will issue a new decision within 60 to 90 days after the hearing.

One other important thing the Judge does is to decide the "onset date" of the claimant's disability?  Exactly when did the claimant meet the rules for the beginning of disability?  This date may decide the amount of retroactive benefit or back pay due the claimant.   It's an important fact that the judge will settle in the decision.

Should You Attend a Hearing Unrepresented?

Never, ever.  From the moment you take a seat in the witness chair, you won't understand what happens in the hearing.  The terms and language will be new to you.  If you haven't prepared, many of the questions will be unanswerable.  You may very well say something unintentionally that will get you denied. You may lose thousands of dollars in past due benefits. Usually, the vocational witness called by the government will testify that there are still some jobs that you can perform.  Left unchallenged, this loses the case!  According to government data, you are at least twice as likely to be approved when you use a qualified advocate/attorney. 

What if You Use an Advocate and Still Lose?

If you are represented and still lose your case, or if you win but don't receive any back pay, the attorney/advocate cannot charge you a legal fee, no matter how much work he or she has done for you.  No win, no fees?

_____________________ 

The Forsythe Firm

Huntsville, AL 35806

Phone (256) 799-0297

SERVING ALABAMA and TENNESSEE

Monday, May 24, 2021

THE BEST SOCIAL SECURITY DISABILITY ADVOCATES IN TENNESSEE

 Get a top Social Security disability advocate in Tennessee or Alabama!  And get the following services:

  • Assistance with filing a complete accurate application for benefits.
  • Obtaining all your medical records for consideration.
  • Problem solving to keep your claim on track.
  • Correspondence with Social Security as needed.
  • Filing of all required appeals and forms.
  • Presenting a strong legal argument of your case.
  • Representation before judges and hearings (court)
  • Never an up-front fee or cost to you.

It doesn't cost any more to hire the best Social Security disability advocate you can find!  The fee is based on the amount of your back pay or retroactive benefit.

 An advocate or attorney with a LOCAL office is convenient and he/she knows the local judges who decide disability cases.  The advantage here is that your advocate knows the particular ways that these judges approach a case, what each one needs to see for evidence, and how to prepare your case for the best chance of approval.

 Plus, you get a chance to develop a working relationship with your local advocate, as opposed to meeting him or her for the first time on the day of the hearing.

 The Forsythe Firm has been representing deserving claimants for more than two decades.  The firm has a high success rate and will work hard to get your benefits for you.  Of course, no advocate can guarantee the result of a claim or appeal but a knowledgeable advocate can increase your chance to win.

Call the Forsythe Firm at (256) 799-0297.  The call is free.

Sunday, May 23, 2021

WHAT SOCIAL SECURITY DISABILITY DOES FOR YOU! AMAZING BENEFITS

 

Getting Social Security disability can change you life--for the better. Many people are reluctant to apply for disability benefits because they don't want to admit they are disabled. But being unable to work often produces a downward spiral that greatly reduces qualify of life. The individual may be struggling financially, with no source of regular income. If there is no health insurance to pay for treatment, then effective medical treatment can be out of reach. This produces more pain and discomfort and may cause or exacerbate depression, anxiety or other mental disorders.

Receiving Social Security disability benefits can do several things to improve quality of life.
  1. A regular monthly payment up to $3,011 per month (deposited right to your bank).
  2. A lump sum payment to cover months you were entitled to benefits before applying.
  3. Medicare health insurance to pay doctors, hospitals or other providers.
  4. Availability of prescription drug coverage to pay most or all of your prescriptions. 
  5. The possibility of getting dental and vision insurance for little or no cost.
  6. Coverage for mental health visits or treatment, as needed.
  7. A monthly benefit that automatically converts to retirement benefits when you reach full retirement age.
These are some of the important benefits available under SSDI (Social Security Disability Insurance). But you must reach out for them and take the first step.

The Forsythe Firm in Huntsville and Franklin, TN has been helping disabled individuals get these benefits for two decades. We have a high success rate. Data shows that you are more than twice as likely to be approved when using a highly qualified attorney or advocate to help you.

You may speak to one of our counselors or advocates for free. We will never charge for anything we do. If you win your benefits and receive back pay, the government will withhold our pre-approved fee and pay us directly. It costs you nothing to adjudicate your claim--even if it must go before a judge. Call the Forsythe Firm at (256) 799-0297 today.


Wednesday, May 19, 2021

# 1 REASON SOCIAL SECURITY DENIES DISABILITY CLAIMS

 

Only about 27 percent of Social Security disability (SSDI) claims get approved at the application stage. While there can be several reasons for a denial, the number one reason is

Your impairment is not severe enough to qualify for disability
Basically, the Social Security rules require you to have a severe disability which makes you totally unable to work (at any job). Unlike many other programs, Social Security has no partial disability benefit. It is 100 percent disability or nothing.

It is rather difficult to prove that you are totally unable to perform any full-time job.

Also, a doctor is not allowed to certify that you are disabled or that you cannot work. These decisions by law are reserved for the Commissioner of Social Security. So, only Social Security can determine who is disabled or who is unable to work.

It's common for denial letters to state something like this: "We have determined that you have some severe impairments. You cannot perform the work you have done in the past. However, based your age, education and functional capacity, you are able to perform certain types of work."
 
Also, Social Security offers no short-term benefit. They only consider a "disability" to be a severe impairment that will last at least 12 straight months. So, any condition that keeps you out of work less than 12 straight months is not a disability, according to them. 

Thus, Social Security's definition of 'disability' is very difficult to meet.

Individuals who are at least 50 years old have a better chance of being found 'disabled' by Social Security. Claimants age 55 and over have an even better chance. However, even these older claimants often have to "fight" through the long appeals process to get approved.
 
At the Forsythe Firm we fight for claimants rights every day. Our pledge is, IF WE DON'T WIN YOUR CASE, YOU PAY US NO FEE. NOT A CENT!
 
Contact us at (256) 799-0297 in Alabama or Tennessee. The call is free. 


Monday, April 26, 2021

DO YOU KEEP DISABILITY BENEFITS WHEN YOU REACH RETIREMENT AGE?

What happens to your Social Security disability (SSDI) benefits when you reach full retirement age? Do benefits stop, continue as is, or change?

When you reach your full retirement age with Social Security, your disability benefit will continue. The benefit automatically converts from a disability benefit to a retirement benefit. You don't have to do anything because the Social Security Administration does this for you.

Will your benefit amount change? No. You will receive the same amount as before. You really won't notice any difference. The check will still be sent to you from the US Treasury. When you reach full retirement age, your check will come out of the Retirement trust fund, not the Disability trust fund. The checks even look the same.

What is your full retirement age with Social Security? It depends on your birthday. If you were born between 1943 and 1954, your full retirement age is 66.

The retirement age increases if you were born later. For example:

If you were born in 1955 - Full retirement age is 66 + 2 months.

If you were born in 1956 - Full retirement age is 66 + 4 months.

When you are awarded SSDI (disability) benefits prior to your full retirement age, you actually receive your retirement benefit early. So, when you reach your full retirement age, the benefit amount does not change. (You are still eligible for annual Cost of Living Adjustments).
 
Getting approved for SSDI in the first place is tricky. It can be difficult to convince Social Security that you are disabled according to their rules. That's why most claimants trying to get disability benefits turn to a trusted advocate like the Forsythe Firm in Huntsville. We understand the law and the process and work for you to help you get approved. Get a free consultation by calling (256) 799-0297 today. 

 

Thursday, April 22, 2021

SOCIAL SECURITY DISABILITY INSURANCE: HOW DOES IT WORK?

If you work and earn wages, you are required to make a mandatory contribution to Social Security.  Your employer is required to match your contribution from each check.

The current rate of contribution is 7.65 percent of wages from the employee, plus 7.65 percent from the employer - for a total of 15.3 percent of your pay.

The federal law requiring these contributions (taxes) is the Federal Insurance Contributions Act (FICA).  On each payroll stub you will see FICA as one of the deduction items.  Your contributions go into a federal government trust fund.

As you work and contribute to FICA, you earn credits toward Social Security disability insurance (SSDI).  You may earn up to 4 quarters per year--one credit for each calendar quarter of work.  Most individuals need at least 20 credits (5 years of work) to earn SSDI coverage.

After you have earned the minimum number of work credits, you may file a claim for a covered disability.  If approved, Social Security will pay a set monthly benefit.  But it isn't quite that simple.

Federal regulations dictate the eligibility requirements to receive SSDI payments.  Here are some of them:

1.  You must have a medically determinable impairment (MDI).  You need medical tests to prove the type, severity and duration of the impairment(s).

2.  Your condition must be so severe to keep you from working for a period of at least 12 straight months OR to end in death.  Shorter term impairments are not covered. There's no "short term" disability benefit. 

3.  You must have medical evidence to prove you are totally disabled according to Social Security rules.   There is no such thing as "partial disability."

Honestly, most disability claims are denied on the grounds that "You are not disabled according to our rules."  On reason for denial that we see a lot is stated this way:

"The evidence shows that you have some limitations and that you are not able to perform your past work.  However, you are able to perform certain types of work."

Simply put, "We think you could do some kind of work, so go find yourself an easier job."

What do you do when you get a denial letter but you know you are not able to work?

You file an appeal.  The first step is to file a written request for "reconsideration."  This will be denied, also, in most cases.  You appeal again, this time asking that your case go before an administrative law judge (ALJ) for a hearing.  The hearing is where you have the best chance to be approved and paid.

The government has made getting Social Security disability benefits difficult.  They purposely make it take a long time.  The appeal process can drag on a year or more. We who are familiar with Social Security disability call it "THE ORDEAL" because it is a purposefully slow, uncomfortable process.

 I often hear the question, "How am I to make ends meet while I am waiting?"  That's a different question altogether.  Your best bet is to get with a good Social Security disability advocate or attorney and dig in for the long haul.  Fortunately, the attorney cannot charge you a fee or any upfront money to handle your case.  He/she is paid AFTER you are paid, and only if you recover past due benefits.

___________

The Forsythe Firm      Huntsville, AL      PH (256) 799-0297

 

 

 

Wednesday, April 21, 2021

DENIED DISABILITY BENFITS? A HEARING MAY HELP

It's no secret that the Social Security Administration (SSA) denies most disability applications.  

What can you do when you're unable to work and Social Security denies your claim?

A hearing may help.  

What is a hearing?  It is an appearance before a federal Administrative Law Judge (ALJ) to ask for a new decision.

Who appears before the judge?  You (the claimant), your attorney, a vocational witness, and sometimes a medical expert (doctor).  A hearing clerk attends the hearing as a record keeper who will record the proceedings.

At the hearing, new evidence may be submitted.  All the evidence can be explained by your attorney.  The judge will ask a lot of questions.  The judge considers all testimony and all the evidence without being bound by any previous decisions.  He/she will give you a totally new decision--often fully favorable.

So, just because your benefits have been denied, that doesn't mean that no benefits are available to you.  You just have to go a little further into the process.

At the hearing, you will have the first opportunity to sit down with a high level decision maker and explain your disability.  

Claimants who take an attorney with them to the hearing win about three times as often as those who go unrepresented. Your attorney will feel right at home in the hearing and can guide you through it successfully.

Can you afford an attorney?  Yes.  Your attorney will sign a "Contingency Fee Agreement."  This means you only pay a fee if you win your case and receive past due benefits.  The fee will be a percentage of the past due benefits that you get.  (Your monthly check is all yours -- 100 percent).  By the way, fees must be approved by the Social Security Administration.  The claimant is protected.

Contact the Forsythe Firm in Huntsville, AL.  You can get a free consultation and case evaluation at no cost, no obligation.  Simply call us at (256) 799-0297.

 

Thursday, April 15, 2021

WHEN A PERSON UNDER 50 NEEDS DISABILITY BENEFITS

Social Security has 3 sets of rules for disability determination, depending on the age of the claimant.

ADVANCED AGE: 55 or older.  The easiest cases to get approved.

CLOSELY APPROACHING ADVANCED AGE:  50 - 54.  

YOUNGER INDIVIDUAL:  Under 50.  Very difficult to approve.

Younger individuals (under 50) are hard to get approved for disability benefits.  This is because the younger claimants cannot meet one of the "grid rules" or Medical-Vocational Guidelines.

The basic burden of proof for claimants under 50 is this:  You can document with objective medical evidence that you are unable to perform any full-time job which exists in the national economy.

This, of course, makes the claimant vulnerable to the easiest jobs in the national job market, which are sedentary and unskilled jobs.  Sedentary means that the job is performed mostly while seated with no more than 2 hours per day of standing/walking.  Sedentary work only requires lifting up to 10 pounds occasionally.  Unskilled means the jobs require no special education or training.  Anyone can walk in off the street and perform the job with just a few hours of instruction or training.  A lot of these jobs pay minimum wage.

For example, let's say a 35 year-old individual with a high school education applies for disability.  The judge finds that this individual could would be restricted to a sedentary, unskilled job.  If the vocational expert testifies that there are 2 or 3 of these jobs being performed in the national job market, the claimant will be denied. 

Of course, a few medical impairments prevent all work, even at the sedentary, unskilled level.  But these impairments are very severe, very debilitating.  The types of impairments that we normally encounter at this age category would not prevail.

As a claimant ages, however, Social Security sees him/her as less likely to adjust to new types of work.  So, starting at age 50 older workers are given some breaks not available to younger workers.

Many younger workers who get denied complain, "I know someone who isn't as disabled as I am--and he got his benefits on the first try."  However, he may have been older, may have had better medical records, could have a doctor supporting the claim, may have a different work history, might have had an easier judge--any number of factors that could make a difference.  

So, what do you need to get disability benefits if you are under 50?

1.  A severe impairment that won't permit any type of work.

2.  Good and current medical records, including tests or images.

3.  A doctor who is willing to complete a residual functional capacity (RFC), detailing exactly why you are not able to work.

4.  An attorney/advocate who is willing to work extremely hard and go the second and third mile to win your case.

Cases of persons under 50 do sometimes win but they require a lot more work than is required for a claimant who is 50 or older. This is why many attorneys will not accept cases of "younger individuals."  They require more work and there is also more risk of no pay.

________________

The Forsythe Firm   *  7027 Old Madison Pike * (256) 799-0297

Free case evaluations

Pay no fee unless you win


 

 

IF I CAN'T PERFORM MY PAST WORK AM I DISABLED?

A judge finds that you are not physically or mentally able to do your past work?  Does that mean you are disabled?

It really depends on your age.

If you are 55 or older, and you can't perform any of the jobs you've held in the past 15 years, then you are disabled according to the regulations.

However, if you are under age 50 (a "younger individual") - you would not necessarily be disabled.  The next question will be:  "Is there some other work you are able to do."  This is a "Step 5 question."  If you are able to perform an easier job, you will not qualify for a benefit.

So, age plays a very important role in qualifying for Social Security disability benefits.

 

Wednesday, April 14, 2021

AMAZON SCAM GOES VIRAL - GUARD YOURSELF

My cell phone rang today.  An unknown Florida number.  I answer.  A man using a heavy accent tells me that someone has just placed a $120 order on my Amazon account.  Was it me who placed that order?  No, it was not.

Then the caller said he was going to put me through to his "supervisor" to stop the charge.  Of course, I recognized this as a scam.  But I played along.

When the "supervisor" came on the line, he repeated the same premise--that someone placed an unauthorized order of $120 on my Amazon account.  This man also had a very heavy foreign accent (perhaps Pakistan or India).  Then, he begins phishing for information from me.  What type of electronic devises do I have at my house?  Am I using an Android phone?

What difference does it make what kind of phone I have?  "Because the cancellation devise is different on Android phones."  

When I asked, "Is this a scam?  It sounds like a scam," he shouted some obscenity at me and hung up.  

Scams are the norm of the day.  And the US Supreme Court has recently made it easier than ever to make scam robo calls.  They will be increasing, although millions of scam calls are made every day.

We recommend hanging up on these calls immediately, then blocking their number.  Even if you do block them, they will probably just call again, using a different number.

Since most of these scammers are outside the US, there isn't much law enforcement can do to stop them.  Protect yourself by never giving out personal information (name, address, phone number, bank information or credit card information) to callers. Legitimate callers won't ask you for that information.  But if you do fall victim to these criminals, they can ruin your credit and clean out your accounts.  It may take years to restore what they steal or damage.

Never, ever send a gift card, prepaid charge card or  any type of payment to these thieves.  Remember, the scams change day by day.  Today it's your Amazon account, tomorrow it's your Social Security card, next day it will be something else.  But no legitimate business will call you and ask you to provide personal information over the phone, and they certainly won't ask you to mail them gift cards, money or other types of payments.  

If you have elderly friends or loved ones, please pass this post along to them, because they are most often the victims of these malicious criminals.