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. 

 

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.

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

 

 

 

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.

 

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.

 

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.

 

WHAT IS A "COMPASSIONATE ALLOWANCE"?

 A compassionate allowance allows an individual to be approved for Social Security disability benefits quickly, simply by documenting a diagnosis of a qualifying disorder.  The complex evaluation is not required and benefits can begin quickly.

Social Security has a list of more than 200 disorders which qualify for a compassionate allowance.  The link below shows the complete list.

List of Compassionate Allowances

When applying for disability, it is the responsibility of the claimant (or attorney) to notify Social Security that a compassionate allowance is being requested.

It speeds up the process even more if the claimant or attorney will provide medical records showing a definite diagnosis of the qualifying medical condition.

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If you need help with any Social Security disability claim, contact the Forsythe Firm in Huntsville at (256) 799-0297.  We offer free consultations and you never pay a fee unless your case results in payment of past due benefits.

HOW TO GET DISABILITY BENEFITS FOR BACK/SPINAL DISORDERS

Back and muculoskeletal disorders are among the most common impairments found in Social Security disability claims.  After handling hundreds of these claims, we have learned what is required to get approved for disability benefits.  The claim of back pain, sciatica or other spinal disorders must be approached correctly.

 First, it isn't enough to complain of chronic pain, even if your medical record documents chronic pain.  Social Security must have 5 additional pieces of evidence to render a favorable decision for chronic back pain:

(1) They need a medically determinable impairment:  they must know what specific disease is causing the pain.  Is it a herniated disc, compression of the nerve root,  neuroforaminal stenosis, or what?  This usually requires imaging studies such as an MRI.

(2) Are the alleged symptoms reasonably associated with the medically determinable disease?  In other words, is it medically reasonable that chronic back pain results from herniated discs, nerve cord compression or neuroforaminal stenosis?

(3)  How severe are the symptoms?  Pain is objective.  How bad is the claimant's pain?  Not all pain is disabling but some is.

(4)  How long have the severe symptoms lasted?  Social Security only pays a benefit for disabling symptoms that have lasted for at least 12 straight months, are expected to last for at least 12 straight months OR to end in death.

(5)  How do the severe symptoms prohibit work?  What functions are severely restricted?  Social Security wants to know how sitting, walking, standing, bending, lifting, reaching, etc. are restricted--and to what degree? 

We like to obtain a very detailed written statement from a treating specialist that clarifies these questions very specifically.  We have our own form for seeking this information.  In addition, we will obtain the claimant's medical records and history from all of his/her doctors, hospitals and other providers.

Of course, the claimant understands his or her own pain better than anyone else.  However, Social Security does not accept the claimant's testimony as unbiased, objective testimony; therefore, more evidence is needed to win the claim.  What the claimant tells Social Security about his or her symptoms will be called "allegations" or "subjective complaints." What the medical tests and examinations say about the claimant's condition is referred to as "objective medical evidence."

So, if you're expected to file a disability claim for back or musculoskeletal disorders, you need to see a doctor and get examinations.  An orthopedic specialist is preferred.  You need objective examinations and imaging to pinpoint what is causing your pain or other symptoms.

Likely, you will need the help of an experienced attorney or advocate to prepare and pursue your disability case.  Most cases are denied initially, then may be approved during the appeal process.  A hearing before an Administrative Law Judge (ALJ) is required in about two-thirds of disability cases.

 An experienced advocacy firm, such as the Forsythe Firm, will provide a free case consultation to help evaluate how strong your claim is.  No fee will ever be charged unless you win your case and recover past due benefits.

____________

The Forsythe Firm

"Across from Bridge Street"

Huntsville, AL 35806

PHONE (256) 799-0297 

WE WIN OR YOU DON'T PAY

 

HOW CAN YOU SPEND YOUR DISABILITY BACK PAY?

 Social Security disability often comes with a substantial amount of "back pay," or retroactive benefits in a lump sum.  This is the money Social Security owes you while you waited to get your case approved.  One of our recent clients received over $50,000 in back pay and another received about $90,000.  

How can you spend your back pay?  Are there any restrictions?

The answer is no.  There are no restrictions on how you can spend your own back pay in an SSDI claim.  It is your money and Social Security places no restrictions on how you spend it.  

If I were disabled and got a one-time lump sum payment, I would think about my future needs.  High among my priorities would be a decent place to live.  Many disability claimants struggle to pay rent or mortgages, and some have been homeless before getting their benefits.  

Buying a small house that you can pay for is usually a good investment that you won't regret.  It guarantees you a place to live as you get older.

However, Social Security places no restrictions on how you can spend your own SSDI checks, including back pay.  You don't have to answer to them.  Simply put your own needs first.  

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This post does not address the responsibility of representative payees who are responsible for helping another person use their Social Security benefits.  Since a payee is not spending his or her own money, there are some requirements on how the money is spent.

3 TYPES OF DISABILITY DECISIONS - EXPLAINED

 

 

You and your attorney have worked tirelessly to get a disability claim approved. You have a hearing and finally the judge sends you a formal decision notice in the mail. The first line of the notice--near the top of the page--in large bold type--tells you everything you need to know.

The decision letter will say one of the following in large, bold type:

NOTICE OF DECISION - FULLY FAVORABLE

NOTICE OF DECISION - PARTIALLY FAVORABLE

NOTICE OF DECISION - UNFAVORABLE

Looking at these types of decision generically (I can't see your decision, obviously) - here's what they usually mean:

FULLY FAVORABLE: the judge awarded benefits according to your application with no material changes. You will be entitled to full benefits, including back pay, according to the regulations. In other words, the judge approved your claim with no material changes and gave you everything you asked for within the limits of the regulations. This is, of course, the BEST decision.

PARTIALLY FAVORABLE - You have been found disabled but something about your application was changed or amended which makes the decision less than fully favorable to you. Nearly always, this means that the judge found that you became disabled at a date later than your alleged onset date (AOD). This usually has two negative consequences:

1. It may reduce the amount of your back pay because the disability period will be shorter.
2. You will wait longer for Medicare eligibility, since there is a 24 month waiting period for Medicare.

UNFAVORABLE - The judge found that you have not been disabled for any period and are not entitled to any benefit under this claim. This ends your claim unless you file an appeal.

WHO CAN APPEAL?

Everyone has the right to appeal a partially favorable decision or an unfavorable decision. The purpose of the appeal is to get a better decision that can pay more benefits. It should be noted that an appeal places the entire decision back under review. You cannot appeal just part of a decision. For example, let's say you claim that your disability began 08/01/2019, but the judge amended the onset date to 02/22/2020. In effect, this reduces your back pay by 6 months. You cannot appeal just the onset date. When you appeal, the entire decision goes under review. It is possible that the new decision could be even less favorable, including the loss of all benefits.

So, talk to your legal representative and listen carefully before deciding whether an appeal is advisable. Of course, if you got an Unfavorable decision, there is nothing to risk with an appeal.

 

You and your attorney have worked tirelessly to get a disability claim approved. You have a hearing and finally the judge sends you a formal decision notice in the mail. The first line of the notice--near the top of the page--in large bold type--tells you everything you need to know.

The decision letter will say one of the following in large, bold type:

NOTICE OF DECISION - FULLY FAVORABLE

NOTICE OF DECISION - PARTIALLY FAVORABLE

NOTICE OF DECISION - UNFAVORABLE

Looking at these types of decision generically (I can't see your decision, obviously) - here's what they usually mean:

FULLY FAVORABLE: the judge awarded benefits according to your application with no material changes. You will be entitled to full benefits, including back pay, according to the regulations. In other words, the judge approved your claim with no material changes and gave you everything you asked for within the limits of the regulations. This is, of course, the BEST decision.

PARTIALLY FAVORABLE - You have been found disabled but something about your application was changed or amended which makes the decision less than fully favorable to you. Nearly always, this means that the judge found that you became disabled at a date later than your alleged onset date (AOD). This usually has two negative consequences:

1. It may reduce the amount of your back pay because the disability period will be shorter.
2. You will wait longer for Medicare eligibility, since there is a 24 month waiting period for Medicare.

UNFAVORABLE - The judge found that you have not been disabled for any period and are not entitled to any benefit under this claim. This ends your claim unless you file an appeal.

WHO CAN APPEAL?

Everyone has the right to appeal a partially favorable decision or an unfavorable decision. The purpose of the appeal is to get a better decision that can pay more benefits. It should be noted that an appeal places the entire decision back under review. You cannot appeal just part of a decision. For example, let's say you claim that your disability began 08/01/2019, but the judge amended the onset date to 02/22/2020. In effect, this reduces your back pay by 6 months. You cannot appeal just the onset date. When you appeal, the entire decision goes under review. It is possible that the new decision could be even less favorable, including the loss of all benefits.

So, talk to your legal representative and listen carefully before deciding whether an appeal is advisable. Of course, if you got an Unfavorable decision, there is nothing to risk with an appeal.

YOUR DISABILITY HEARING WON'T GO LIKE YOU THINK

There is the imaginary world, then there is the real world.  They are often far apart.

Most individuals who apply for Social Security disability benefits think they understand the program.  They have hobbled together pieces of information from friends, family members, coworkers, neighbors and the media--that they feel provides them with a pretty good idea of what the Social Security disability "ordeal" will be like.

In reality, however, it doesn't work anything like people imagine it does.

One misconception that claimants have going into the disability process is the self-evident conviction that they are truly disabled based on the way they feel, the pain they have and the awful symptoms they live with day in and day out.  Anyone with just common sense can see that they are disabled and unable to hold a job.  Why would anyone question that?

The reality is that the Social Security Administration is very existential.  They question everything. They don't use any common sense. They must come to their own sense of reality.  

Sometimes, when I explain to a potential claimant how the system works, they lash out in disgust or anger:  That's nonsense!  I know for certain that I can't work.  Why would they put me through a 12-month process to figure it out?

When reality sets in, the claimant begins to see that Social Security operates by a certain set of predetermined, pre-established legal principles that must be dealt with in order to get benefits.  And they have very little to do with common sense or the feelings or convictions of the claimant or attorney.

I really like the way one Administrative Law Judge (ALJ) approaches a hearing.  She looks at the attorney and says, "OK, show me how I can pay this claim."

The judge wants to know how to satisfy the rules of the 20 Code of Federal Regulations, Section 404, Parts 1 - 99.  She doesn't need feelings, convictions, emotions, arguments or common sense approaches.  "Tell my how the law allows me to pay this claim and get away with it."

The smart lawyer has figured that out in advance of the hearing.  

Here's the moral of the story:  If you don't understand Social Security law, get someone who does!  

The hearing isn't going to be what you think.  The entire process isn't going to like you think.  Find a representative who understands the reality of this process, then trust what he/she tells you. You don't need to like the way Social Security operates, but you do need to be grounded in reality.  It is what it is.

 

 

"THE ORDEAL"

The Social Security Act was passed in 1935.  It was to be financed by workers paying into the trust fund.  However, no one had paid into Social Security in 1935.

 In the 1930s, individual states had their own assistance programs for the needy.  These programs didn't get rolled into Social Security until 1971.

The New York Times published an interesting article, explaining why applying for Social Security disability benefits is so unpleasant.

 

 

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