Monday, November 19, 2018
Sunday, November 11, 2018
YOUR ODDS RISE OR FALL 46 PERCENT BASED ON THE JUDGE WHO HEARS YOUR CASE
A recent GAO study found that if your Social Security disability case is heard by a high paying judge, you have an 88 percent chance of winning benefits, vs. a 42 percent chance if your case is heard by a low paying judge.
The study found that the average allowance rate will vary 46 percent, depending on which judge hears the case.
Of course, we who represent claimants already knew this--or pretty close to the actual numbers.
So, who decides which judge hears your case? Judges are randomly assigned at the hearing office, so neither the claimant or the attorney has any say on who the judge will be.
I am providing a link to that GAO study in case anyone is interested in reading more:
https://www.gao.gov/assets/690/689209.pdf
The study found that the average allowance rate will vary 46 percent, depending on which judge hears the case.
Of course, we who represent claimants already knew this--or pretty close to the actual numbers.
So, who decides which judge hears your case? Judges are randomly assigned at the hearing office, so neither the claimant or the attorney has any say on who the judge will be.
I am providing a link to that GAO study in case anyone is interested in reading more:
https://www.gao.gov/assets/690/689209.pdf
WHAT YOU NEED TO GET SOCIAL SECURITY DISABILITY BENEFITS
In a nutshell, here's what you need to qualify for Social Security disability benefits:
1. A severe medical condition that has lasted at least 12 straight months, is expected to last for 12 straight months, OR to end in death.
2. Severe restrictions of function that make it impossible for you to work at any full-time job.
Also, you must have insured status with Social Security. In other words, you must have worked long enough, and recently enough, to be covered. The general rule is: You must have worked 5 years out of the past 10 years.
2 PRECAUTIONS ABOUT USING THE INTERNET TO DETERMINE ELIGIBILITY:
It is the age of internet information. However, I'm seeing a lot of people misled because they get on Google and start researching requirements for SSDI benefits. Be careful about the following:
1. When you Google something like "Get Social Security for heart disease," you will be directed to the Social Security listings for heart disease. Almost nobody will meet one of these listings. You will come away thinking, "I don't stand a chance." Almost nobody would qualify if you had to meet a Listing. But you don't. So, these internet sites give you just enough information to discourage you.
2. No website, including mine, can analyze your personal set of facts. That's why you need to speak to an experienced disability advocate or attorney who can piece together the complete picture and advise you what to do.
You will never be charged a fee unless your case is successful. A 15 minute phone call can make all the difference. And there's no cost or obligation for making the call.
_________________
THE FORSYTHE FIRM
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE
1. A severe medical condition that has lasted at least 12 straight months, is expected to last for 12 straight months, OR to end in death.
2. Severe restrictions of function that make it impossible for you to work at any full-time job.
Also, you must have insured status with Social Security. In other words, you must have worked long enough, and recently enough, to be covered. The general rule is: You must have worked 5 years out of the past 10 years.
2 PRECAUTIONS ABOUT USING THE INTERNET TO DETERMINE ELIGIBILITY:
It is the age of internet information. However, I'm seeing a lot of people misled because they get on Google and start researching requirements for SSDI benefits. Be careful about the following:
1. When you Google something like "Get Social Security for heart disease," you will be directed to the Social Security listings for heart disease. Almost nobody will meet one of these listings. You will come away thinking, "I don't stand a chance." Almost nobody would qualify if you had to meet a Listing. But you don't. So, these internet sites give you just enough information to discourage you.
2. No website, including mine, can analyze your personal set of facts. That's why you need to speak to an experienced disability advocate or attorney who can piece together the complete picture and advise you what to do.
You will never be charged a fee unless your case is successful. A 15 minute phone call can make all the difference. And there's no cost or obligation for making the call.
_________________
THE FORSYTHE FIRM
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE
DON'T DEPEND ON WHAT FRIENDS TELL YOU ABOUT SOCIAL SECURITY DISABILITY
I
have heard some of the most intriguing stories about Social Security
disability. Many of them are full of misstatements of fact and bad
advice. The odd thing is, they all came from family members or friends
of claimants who meant well and thought they were being helpful.
Most people don't realize that every disability case is different. Therefore, what happened in one case may have absolutely no bearing on your case.
It doesn't matter what happened to Uncle Albert's case. I guarantee you there was something about Uncle Albert's case that is different from your case: age, education, work experience, medical records, treatment, date last insured, residual functional, capacity, onset date, grid rules, severity of symptoms--a different judge.... lots of things can be different. And these can make all the difference!
You get the idea. Get YOUR case analyzed based on YOUR set of facts.
Probably the best 15 minutes you ever spend will be to call an experienced attorney or disability advocate and get some advice about your claim.
Do not depend on what a relative, friend or co-worker tells you. They all have stories. None of them probably apply to your particular scenario. Get a free case evaluation by someone who sits in front of an administrative law judge several times a week, and who knows how to apply the law to your individual and unique set of facts.
Here's the best part. There is no cost for doing this. Any attorney/advocate who practices in the area of Social Security disability will provide you with a free consultation, a free case evaluation, and free advice. If the advocate is hired and does a lot of work on your case, of course he or she deserves to be paid. But they only get paid if you (a) win your case, and (b) receive past due payments as a lump sum of money, and (c) Social Security approves of the fee payment.
___________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE
Most people don't realize that every disability case is different. Therefore, what happened in one case may have absolutely no bearing on your case.
It doesn't matter what happened to Uncle Albert's case. I guarantee you there was something about Uncle Albert's case that is different from your case: age, education, work experience, medical records, treatment, date last insured, residual functional, capacity, onset date, grid rules, severity of symptoms--a different judge.... lots of things can be different. And these can make all the difference!
You get the idea. Get YOUR case analyzed based on YOUR set of facts.
Probably the best 15 minutes you ever spend will be to call an experienced attorney or disability advocate and get some advice about your claim.
Do not depend on what a relative, friend or co-worker tells you. They all have stories. None of them probably apply to your particular scenario. Get a free case evaluation by someone who sits in front of an administrative law judge several times a week, and who knows how to apply the law to your individual and unique set of facts.
Here's the best part. There is no cost for doing this. Any attorney/advocate who practices in the area of Social Security disability will provide you with a free consultation, a free case evaluation, and free advice. If the advocate is hired and does a lot of work on your case, of course he or she deserves to be paid. But they only get paid if you (a) win your case, and (b) receive past due payments as a lump sum of money, and (c) Social Security approves of the fee payment.
___________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE
Saturday, April 21, 2018
DISABIILTY BENEFITS FOR FIBROMYALGIA
Will Social Security pay a disability benefit for fibromyalgia? Yes, it may--if the symptoms are severe enough to prevent the ability to perform any substantial gainful activity. Simply said, symptoms must be severe enough to prevent any full-time work, and must be medically demonstrated.
On July 25, 2012, Social Security issued SSR 12.02(P) which recognizes fibromyalgia as a medically determinable impairment and establishing guidelines by which the disease will be evaluated for Social Security benefits.
There are really two sets of medical criteria from the American College of Rheumatology for the diagnosis of fibromyalgia. The 1990 criteria require the finding of 11 specific tender points. The 2010 criteria do not require the finding of tender points. Both criteria require that other causes of the symptoms be ruled out--because there is no specific medical test for fibromyalgia.
In short, having a diagnosis of fibromyalgia is not sufficient to get a disability benefit. A claimant must use medical evidence to demonstrate that his/her symptoms are so severe as to prohibit the performance of any "substantial gainful activity." Generally, this means that the claimant is not able to perform any full-time work which exists in the national economy.
Frankly, fibromyalgia cases are somewhat difficult to win, especially in persons under age 50. What I look for is good medical evidence from a claimant's treating rheumatologist. Then, I try to get written statements from the treating doctor which specify the work-related activities that the claimant cannot perform.
The biggest obstacle in getting any disability case approved is the lack of medical treatment. Often, we have claimants who are treated by someone other than a medical doctor (MD or DO)--and these providers are not recognized by Social Security as "acceptable medical sources." Also, we see claimants with fibromyalgia who do not see a rheumatologist, which is the specialist best equipped to diagnose and treat fibromyalgia.
RECOMMENDATINONS
If you have fibromyalgia (or suspect you do), I would make these recommendations from the viewpoint of a Social Security disability claim:
If you want to read Social Security's ruling on how they evaluate fibromyalgia for disability, I recommend you check out this link:
SSR 12-2(P) on Fibromyalgia
For questions about disability or representation help--contact us at the Forsythe Firm. (256) 799-0297.
On July 25, 2012, Social Security issued SSR 12.02(P) which recognizes fibromyalgia as a medically determinable impairment and establishing guidelines by which the disease will be evaluated for Social Security benefits.
There are really two sets of medical criteria from the American College of Rheumatology for the diagnosis of fibromyalgia. The 1990 criteria require the finding of 11 specific tender points. The 2010 criteria do not require the finding of tender points. Both criteria require that other causes of the symptoms be ruled out--because there is no specific medical test for fibromyalgia.
In short, having a diagnosis of fibromyalgia is not sufficient to get a disability benefit. A claimant must use medical evidence to demonstrate that his/her symptoms are so severe as to prohibit the performance of any "substantial gainful activity." Generally, this means that the claimant is not able to perform any full-time work which exists in the national economy.
Frankly, fibromyalgia cases are somewhat difficult to win, especially in persons under age 50. What I look for is good medical evidence from a claimant's treating rheumatologist. Then, I try to get written statements from the treating doctor which specify the work-related activities that the claimant cannot perform.
The biggest obstacle in getting any disability case approved is the lack of medical treatment. Often, we have claimants who are treated by someone other than a medical doctor (MD or DO)--and these providers are not recognized by Social Security as "acceptable medical sources." Also, we see claimants with fibromyalgia who do not see a rheumatologist, which is the specialist best equipped to diagnose and treat fibromyalgia.
RECOMMENDATINONS
If you have fibromyalgia (or suspect you do), I would make these recommendations from the viewpoint of a Social Security disability claim:
- Get examined by a rheumatologist.
- Follow prescribed treatment if you can.
- Be sure the person who treats you is either an doctor of medicine (MD) or doctor of osteopath (D.O.). A rheumatologist will certainly be one or the other. Nurse practitioners (CRNPs), however, are not acceptable medical sources with Social Security.
- Try to see your doctor regularly (at least 3 or 4 times a year) for management.
If you want to read Social Security's ruling on how they evaluate fibromyalgia for disability, I recommend you check out this link:
SSR 12-2(P) on Fibromyalgia
For questions about disability or representation help--contact us at the Forsythe Firm. (256) 799-0297.
Saturday, March 3, 2018
SHOULD YOU HAVE A SOCIAL SECURITY DISABILITY HEARING BY VIDEO?
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
Sunday, July 2, 2017
CONCENTRATION, PERSISTENCE AND PACE ISSUES
I win many Social Security disability cases by showing how my client has trouble with concentration, persistence and pace (CPP).
These issues are not obvious to the casual observer but certainly may qualify for a disability benefit. Under SSR 96-9(p), Social Security considers "work" as the ability to work 8 hours per day, 5 days per week or an equivalent schedule. CPP issues prevent this and qualify for disability.
CONCENTRATION is the ability to remain focused and on task for at at least 2 hours at a time and to complete an 8-hour workday. Most workers will be off task about 5 to 9 percent of the workday and this is tolerated. However, concentration can be hindered by pain, fatigue, depression or other mental health issues. When a worker is off task more than about 10 percent of the workday on a consistent basis due to one of these medical issues, they become unemployable.
PERSISTENCE is the ability to report to work and do a job 8 hours a day, 5 days a week, 52 weeks out of the year. Some individuals can work part of the time but not on a dependable, regular schedule. For example, if you can work 3 or 4 days per week but would have to be absent 2 or 3 days, you don't have the persistence for full-time work under 96-9(p). The same is true if you can work 4 or 5 hours a day but not 8. If you can work but require a few additional rest breaks during the day due to pain or fatigue you don't have the persistence for full-time work and may be disabled.
PACE is the ability to work fast enough and steady enough to meet the job's requirements. If you need additional time to complete your work, require excessive help or supervision or other special accommodations, you may not be able to sustain the pace required of full-time, competitive work. A worker is expected to be able to "keep up" with job demands, and this includes goal setting, planning and the independent execution of job duties.
Your attorney or representative will examine these CPP issues and determine if your disability case will be strengthened by making these arguments. In a hearing, there is nearly always a vocational expert present to testify. Your representative will want to pose questions to the vocational expert about concentration, persistence and pace problems--which may result in the decision that you cannot perform full time, competitive work, thus resulting in approval of benefits.
Call us if you need a free evaluation of your case without cost or obligation.
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