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.  

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