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.

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

 

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.

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!

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.

  

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.

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.