When your disability claim is approved, Social Security will pay you back to the date of onset. That is, they back to the first day you became disabled (minus a 5-month waiting period for SSDI claims).
So, the earlier your onset date, the more back pay you will receive. You get to claim the onset date of your choice (called the "alleged onset date") but it is subject to verification by Social Security and proof that disability began on that date. Here are some considerations for choosing the correct onset date:
1) Were you disabled to work on the alleged onset date? If not, this date will not hold up.
2) Were you doing any substantial work or earning any substantial wages on the alleged onset date? If so, this date will not hold up.
3) Is there medical evidence to show severe symptoms that would prevent you from working on the alleged onset date? If not, this date will not hold up.
4) Finally, have you been continually unable to work since the alleged onset date? If you tried to go back to work after your alleged onset date but were able to work only for a very short period of time, that short-term work may not interfere with your onset date. You may be able to justify the attempt to work as a failed work attempt. It really depends on how long you worked after the alleged onset date.
It's important to keep in mind that onset dates must refer to a medical reason why you had to stop working at that time. The Social Security disability program will not consider paying a benefit because you stopped working for any reason other than a physical and/or mental impairment.
One of the first questions a judge will ask at your hearing will be, "Tell me why it became necessary for you to stop working on (your alleged onset date)." His next question will be, "Where is there medical evidence to support that?"
You must be able to explain why it is medically necessary for you to stop working (not using medical terms, but using common language that describes your medical symptoms: back pain, leg pain, migraines, depression, panic attacks, fatigue, etc.). And the judge must find supporting medical evidence that shows a cause for the symptoms you describe.
Remember, too, that all SSDI claims come with a five-month waiting period, meaning that Social Security does not pay the first five months of a disability. For example, if your established onset date was April 3, your first benefit will be payable 5 full months later--in October.
___________
THE FORSYTHE FIRM
Ph. (256) 799-0297
Helping the disabled in North Alabama and Middle Tennessee: Social Security applications, appeals and hearings. Free Consultations. (256) 799-0297
Wednesday, October 17, 2018
Monday, October 15, 2018
TOP 10 SOCIAL SECURITY DISABILITY MISTAKES
Social Security has its own rule book. To get benefits, you have to know their rules and play by them. Other rules just don't work. Here are my Top Ten mistakes that can cause you problems with SSDI:
1. Trying to file when you haven't worked enough. You must have worked enough to accumulate the minimum Quarters of Coverage. Without the required work history, your claim will automatically be denied. And this type of denial can't be successfully appealed. Check this with the Social Security office before you begin an SSDI claim. The question you need to ask: "Do I have enough work credits to support a new Title 2 claim?"
2. Filing a claim while you are still working. If you work enough to earn substantial wages, you will be given a denial at the first step in the process. In 2018, wages of at least $1,180 per month will get you denied. You must stop working or reduce wages to below the maximum before filing.
3. Alleging an onset date in the past but Social Security finds that you were still working on that date. For example, you allege disability began on 4/14/17 but you were still at working at substantial gainful activity (SGA) on that date. You should amend your alleged onset date to a later date after you stopped earning SGA wages.
4. You have a serious condition but it isn't expected to last at least 12 consecutive months. Short term disabilities that won't last for at least 1 year are not covered unless they are expected to end in death.
5. Failure to get your own doctor's support. Your doctor knows you better than anyone. He or she can give you a form called a "medical source statement" that can help you get approved. You have to seek out this from your doctor; Social Security won't do it.
6. Depending on Social Security's doctor to help you will always let you down. They have consulting doctors that often do examinations for persons who file claims. These exams seldom help get a favorable decision and most often doom the case to a denial.
7. Failing to get medical treatment is a big mistake. Social Security bases its decision on what is in your medical file. It is crucial to have consistent treatment from your doctor(s). Claiming to have a disabling impairment without medical evidence for it is a waste of time.
8. Waiting too long to file a claim can hurt you. Every worker's Social Security disability coverage comes with a "Date Last Insured," which is the time limit for filing a new claim. When you stop working, for any reason, your Date Last Insured begins to creep up on you. Don't wait too long to file an SSDI claim or you may find yourself uninsured at Social Security.
9. Failure to file an appeal in a timely manner. Up to 70 percent of SSDI claims will be denied at the first stage. It's just expected. You have 60 days to file an appeal. After 60o days passes and you do not appeal, the claim is dismissed and can't be reinstated in most cases. Don't let the 60 days pass. (Appeals are where most cases are won).
10. Failure to get legal representation. Social Security is one of those places where you may represent yourself. However, this is a really bad idea. There are complex books of regulations that govern Social Security disability. You need someone who knows the system and understands how to get cases approved. You only pay your representative if you win and if you collect past due benefits. Social Security will deduct the amount of the fee you have agreed on and pay the representative directly. There are reasonable maximum fees set by Social Security and you will never pay more than these amounts by law. You never have to pay anything up front.
____________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE: OUR WEBSITE
1. Trying to file when you haven't worked enough. You must have worked enough to accumulate the minimum Quarters of Coverage. Without the required work history, your claim will automatically be denied. And this type of denial can't be successfully appealed. Check this with the Social Security office before you begin an SSDI claim. The question you need to ask: "Do I have enough work credits to support a new Title 2 claim?"
2. Filing a claim while you are still working. If you work enough to earn substantial wages, you will be given a denial at the first step in the process. In 2018, wages of at least $1,180 per month will get you denied. You must stop working or reduce wages to below the maximum before filing.
3. Alleging an onset date in the past but Social Security finds that you were still working on that date. For example, you allege disability began on 4/14/17 but you were still at working at substantial gainful activity (SGA) on that date. You should amend your alleged onset date to a later date after you stopped earning SGA wages.
4. You have a serious condition but it isn't expected to last at least 12 consecutive months. Short term disabilities that won't last for at least 1 year are not covered unless they are expected to end in death.
5. Failure to get your own doctor's support. Your doctor knows you better than anyone. He or she can give you a form called a "medical source statement" that can help you get approved. You have to seek out this from your doctor; Social Security won't do it.
6. Depending on Social Security's doctor to help you will always let you down. They have consulting doctors that often do examinations for persons who file claims. These exams seldom help get a favorable decision and most often doom the case to a denial.
7. Failing to get medical treatment is a big mistake. Social Security bases its decision on what is in your medical file. It is crucial to have consistent treatment from your doctor(s). Claiming to have a disabling impairment without medical evidence for it is a waste of time.
8. Waiting too long to file a claim can hurt you. Every worker's Social Security disability coverage comes with a "Date Last Insured," which is the time limit for filing a new claim. When you stop working, for any reason, your Date Last Insured begins to creep up on you. Don't wait too long to file an SSDI claim or you may find yourself uninsured at Social Security.
9. Failure to file an appeal in a timely manner. Up to 70 percent of SSDI claims will be denied at the first stage. It's just expected. You have 60 days to file an appeal. After 60o days passes and you do not appeal, the claim is dismissed and can't be reinstated in most cases. Don't let the 60 days pass. (Appeals are where most cases are won).
10. Failure to get legal representation. Social Security is one of those places where you may represent yourself. However, this is a really bad idea. There are complex books of regulations that govern Social Security disability. You need someone who knows the system and understands how to get cases approved. You only pay your representative if you win and if you collect past due benefits. Social Security will deduct the amount of the fee you have agreed on and pay the representative directly. There are reasonable maximum fees set by Social Security and you will never pay more than these amounts by law. You never have to pay anything up front.
____________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE: OUR WEBSITE
Wednesday, October 10, 2018
SURPRISES AT YOUR DISABIITY HEARING
Many claimants who attend a disability hearing unrepresented face a shocking surprise. The administrative law judge tells them that there is no recent medical evidence in their file and their claim is being denied or dismissed.
Why would this happen?
It happens because many claimants don't know that they are responsible for getting medical evidence and submitting it to the hearing office prior to the hearing. If you have an attorney or representative, they will obtain medical records for you. But if you are not represented, it is your responsibility.
If you have seen 9 different medical providers, there are at least 9 sets of medical records that should be obtained and sent to the hearing office before the hearing. Getting these records can be time consuming and also expensive.
At least 90 days before your hearing, you should check with the Office of Hearings Operation that is handling your case to see what medical records they have and which ones are missing.
The last thing you want is to walk into the hearing and hear, "I'm sorry Mr. ______, but there are no recent medical records in your files and, therefore, I have nothing to base a decision on."
Claimants have a right (and a responsibility) to review their file well in advance of their hearing date to see what evidence is there. If evidence is missing, it can easily take 90 days to obtain the medical records.
Without complete medical records, the judge will usually not conduct a hearing. At best, your hearing could be postponed, costing you several more months of delay with no benefits.
If you do not have an attorney or representative working your case, it is your responsibility to develop the case and prepare it for hearing. This is a lot of work. If you don't wish to invest the time or work, please consider hiring a representative to do this for you. Favorable decisions don't just happen; you have to work for them!
Why would this happen?
It happens because many claimants don't know that they are responsible for getting medical evidence and submitting it to the hearing office prior to the hearing. If you have an attorney or representative, they will obtain medical records for you. But if you are not represented, it is your responsibility.
If you have seen 9 different medical providers, there are at least 9 sets of medical records that should be obtained and sent to the hearing office before the hearing. Getting these records can be time consuming and also expensive.
At least 90 days before your hearing, you should check with the Office of Hearings Operation that is handling your case to see what medical records they have and which ones are missing.
The last thing you want is to walk into the hearing and hear, "I'm sorry Mr. ______, but there are no recent medical records in your files and, therefore, I have nothing to base a decision on."
Claimants have a right (and a responsibility) to review their file well in advance of their hearing date to see what evidence is there. If evidence is missing, it can easily take 90 days to obtain the medical records.
Without complete medical records, the judge will usually not conduct a hearing. At best, your hearing could be postponed, costing you several more months of delay with no benefits.
If you do not have an attorney or representative working your case, it is your responsibility to develop the case and prepare it for hearing. This is a lot of work. If you don't wish to invest the time or work, please consider hiring a representative to do this for you. Favorable decisions don't just happen; you have to work for them!
HOW LONG CAN DISABILITY BENEFITS LAST?
Once you are approved, your disability benefits will continue for as long as your remain disabled OR until you reach full retirement age. At your full retirement age, disability benefits automatically convert to retirement benefits. The amount of payment remains the same. In fact, you won't even notice the switch. It's something only government accountants will notice. You don't need to do anything for this to occur.
This might be a good place to mention Continuing Disability Reviews or CDRs for short.
Social Security feels that many people with disabilities will improve over time to the point that they can work again. Therefore, they perform CDRs about every two or three years, asking some beneficiaries to prove that they are still disabled.
Of course, if the government concludes that an individual is no longer disabled, they will discontinue disability payments.
What should you do, now that you are aware of Continuing Disability Reviews:
1. See your doctor regularly and maintain compliance with medical treatment. Most people who get in trouble with a CDR are people who are not getting regular treatment. Social Security sees this as a sure sign that you are much improved.
2. Appeal any decision to discontinue your benefits. There are to ways to appeal, as follows:
This might be a good place to mention Continuing Disability Reviews or CDRs for short.
Social Security feels that many people with disabilities will improve over time to the point that they can work again. Therefore, they perform CDRs about every two or three years, asking some beneficiaries to prove that they are still disabled.
Of course, if the government concludes that an individual is no longer disabled, they will discontinue disability payments.
What should you do, now that you are aware of Continuing Disability Reviews:
1. See your doctor regularly and maintain compliance with medical treatment. Most people who get in trouble with a CDR are people who are not getting regular treatment. Social Security sees this as a sure sign that you are much improved.
2. Appeal any decision to discontinue your benefits. There are to ways to appeal, as follows:
- File an appeal within 10 days and ask that your payments be continued pending the final outcome of the appeal. Note: If you eventually lose the appeal, Social Security will want these benefits repaid.
- File an appeal within 60 days and allow your payments to be suspended (stopped) during the appeal. If you win the appeal, the government will pay you the money you missed during the appeal process.
Tuesday, October 9, 2018
WILL YOUR DEPENDENTS ALSO GET A DISABILITY BENEFIT?
If you are approved for SSDI benefits, your dependents may also qualify for a check.
Children are usually eligible for a check when the parent is awarded benefits, if.....
The child is under the age of 19 and is still in school (has not graduated high school).
When you apply for an SSDI benefit, you should make Social Security aware that you have dependent children under the age of 19 and still in school. There is a place on the application to note this.
After your benefit has been approved, call the Social Security office and remind them that you have also applied for dependent childrens' benefits.
Usually, Social Security will process the primary claimant's pay (parent's) first. Later, they will process pay for the child(ren).
At the Forsythe Firm, one of the things we do is to make sure you are not missing any benefit to which you are entitled. We will file your claim in a way that permits your children to receive benefits, too, when you are approved.
___________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Email us about your case: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - OUR WEBSITE
Children are usually eligible for a check when the parent is awarded benefits, if.....
The child is under the age of 19 and is still in school (has not graduated high school).
When you apply for an SSDI benefit, you should make Social Security aware that you have dependent children under the age of 19 and still in school. There is a place on the application to note this.
After your benefit has been approved, call the Social Security office and remind them that you have also applied for dependent childrens' benefits.
Usually, Social Security will process the primary claimant's pay (parent's) first. Later, they will process pay for the child(ren).
At the Forsythe Firm, one of the things we do is to make sure you are not missing any benefit to which you are entitled. We will file your claim in a way that permits your children to receive benefits, too, when you are approved.
___________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Email us about your case: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - OUR WEBSITE
HOW MANY TIMES CAN YOU APPLY FOR SSDI BENEFITS?
There is no limit on the number of times an individual may apply for SSDI benefits.
However, there is a thing called "Date Last Insured" (DLI) that may stop you.
Date last insured is the term used for the date your disability coverage at Social Security expires. Most people are unaware that Social Security has an expiration date. Generally, coverage for disability expires within 5 years after you stop working and paying into the program.
This affects new claims. If you are already approved and getting SSDI benefits, there is no such thing as "date last insured" for you. The term refers to the limitation on filing a new claim.
If you are considering a new SSDI claim, you should first find out when your DLI is. This is done by calling your local Social Security office and asking. If your DLI is in the future, you are fine. If your DLI is in the past, it may complicate filing a new claim.
Generally, you are entitled to file one (and only one) SSDI claim after your date last insured. However, you must prove that your disability began prior to the DLI. For example, if your DLI was 12/31/17, you would need to prove that your disability onset was before 12/31/17. Otherwise, your disability began too late to be covered. You will only be allowed to file one SSDI claim after 12/31/17.
It's important to understand that SSDI is insurance for workers. It is paid for by paying FICA taxes which are withheld from every paycheck you receive. When you stop working and no longer pay FICA tax, the clock begins to tick toward the date you will no longer be "insured" for SSDI claims (the DLI).
___________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297
Email us for a free consultation: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - VISIT OUR WEBSITE
However, there is a thing called "Date Last Insured" (DLI) that may stop you.
Date last insured is the term used for the date your disability coverage at Social Security expires. Most people are unaware that Social Security has an expiration date. Generally, coverage for disability expires within 5 years after you stop working and paying into the program.
This affects new claims. If you are already approved and getting SSDI benefits, there is no such thing as "date last insured" for you. The term refers to the limitation on filing a new claim.
If you are considering a new SSDI claim, you should first find out when your DLI is. This is done by calling your local Social Security office and asking. If your DLI is in the future, you are fine. If your DLI is in the past, it may complicate filing a new claim.
Generally, you are entitled to file one (and only one) SSDI claim after your date last insured. However, you must prove that your disability began prior to the DLI. For example, if your DLI was 12/31/17, you would need to prove that your disability onset was before 12/31/17. Otherwise, your disability began too late to be covered. You will only be allowed to file one SSDI claim after 12/31/17.
It's important to understand that SSDI is insurance for workers. It is paid for by paying FICA taxes which are withheld from every paycheck you receive. When you stop working and no longer pay FICA tax, the clock begins to tick toward the date you will no longer be "insured" for SSDI claims (the DLI).
___________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297
Email us for a free consultation: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - VISIT OUR WEBSITE
Monday, October 8, 2018
WHERE ARE SOCIAL SECRITY HEARINGS HELD?
Social Security will attempt to schedule your hearing as close to your home as possible. If you live near an Office of Hearings Operations (OHO), the hearing may be held there. There is an OHO in Florence, Birmingham and Montgomery.
However, hearings are also held at Social Security field offices across the state. So, if you live in northern Alabama, you could have a hearing in Huntsville, Decatur, Cullman, Gadsden or Florence.
For middle or southern Tennessee residents, common hearing locations include: Nashville, Franklin, Chattanooga and Tullahoma.
The Decatur, Alabama office is currently only holding hearings with judges out of the Franklin, TN office. A majority of these hearings are held by video-teleconference.
A typical hearing lasts about 45 minutes and gives the claimant and his/her representative an opportunity to present evidence and explain why Social Security rules allow the claim to be paid. The claimant will be asked a series of questions. A vocational expert will usually also be asked questions. After the hearing, the judge will mail out a decision, which may take one to four months.
_________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
However, hearings are also held at Social Security field offices across the state. So, if you live in northern Alabama, you could have a hearing in Huntsville, Decatur, Cullman, Gadsden or Florence.
For middle or southern Tennessee residents, common hearing locations include: Nashville, Franklin, Chattanooga and Tullahoma.
The Decatur, Alabama office is currently only holding hearings with judges out of the Franklin, TN office. A majority of these hearings are held by video-teleconference.
A typical hearing lasts about 45 minutes and gives the claimant and his/her representative an opportunity to present evidence and explain why Social Security rules allow the claim to be paid. The claimant will be asked a series of questions. A vocational expert will usually also be asked questions. After the hearing, the judge will mail out a decision, which may take one to four months.
_________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
SSI vs. SSDI: THE BIG DIFFERENCES
SSI and SSDI are two different programs administered by the US Social Security Administration. And they are very different programs.
SSDI (Social Security Disability Insurance) - is where workers pay FICA tax into a trust fund through payroll deduction. They earn "work credits" that can used to claim a benefit if they become disabled.
SSI (Supplemental Security Income) is a program for the aged or disabled who have very low incomes and very limited financial resources. It does not require any work credits.
SSDI Maximum Benefit: $2,788 per month.
SSI Maximum Benefit: $750 per month
You can easily see that it's best to file an SSDI claim if you have sufficient work credits. If you haven't worked, or haven't worked recently, SSI may be the only option available to you, however.
There is only one requirement to get SSDI: You must meet Social Security's medical definition of being disabled.
There are two requirements to get SSI:
1) You must meet the same definition of disability, plus
2) You must meet strict household income and financial restrictions.
Your local Social Security field office can tell you whether you have the work credits needed to file for SSDI. They can also advise you on whether you will meet the financial requirements for SSI.
Whether you file for SSDI or SSI, there is a high probability that you will be denied. Social Security may say that you don't meet their medical rules for being disabled. When that happens, you should file an immediate written appeal. The appeal will eventually take you face to face with an administrative law judge who will review all your evidence and give you a new decision.
You are entitled to representation with our claim and with your appeal. You cannot be charged for representation unless your claim is successful. (That's the best guarantee I know of)!
SSDI (Social Security Disability Insurance) - is where workers pay FICA tax into a trust fund through payroll deduction. They earn "work credits" that can used to claim a benefit if they become disabled.
SSI (Supplemental Security Income) is a program for the aged or disabled who have very low incomes and very limited financial resources. It does not require any work credits.
SSDI Maximum Benefit: $2,788 per month.
SSI Maximum Benefit: $750 per month
You can easily see that it's best to file an SSDI claim if you have sufficient work credits. If you haven't worked, or haven't worked recently, SSI may be the only option available to you, however.
There is only one requirement to get SSDI: You must meet Social Security's medical definition of being disabled.
There are two requirements to get SSI:
1) You must meet the same definition of disability, plus
2) You must meet strict household income and financial restrictions.
Your local Social Security field office can tell you whether you have the work credits needed to file for SSDI. They can also advise you on whether you will meet the financial requirements for SSI.
Whether you file for SSDI or SSI, there is a high probability that you will be denied. Social Security may say that you don't meet their medical rules for being disabled. When that happens, you should file an immediate written appeal. The appeal will eventually take you face to face with an administrative law judge who will review all your evidence and give you a new decision.
You are entitled to representation with our claim and with your appeal. You cannot be charged for representation unless your claim is successful. (That's the best guarantee I know of)!
Sunday, October 7, 2018
STEP 4 DECISIONS: WHY YOUR PAST WORK RULES
Most Social Security disability claims will get at least down to Step 4 of the sequential decision making process. At Step 4, your claim wins or loses on this question:
Can the claimant perform any of his/her past relevant work?
If Yes, the claim is denied. If the answer is No, the claim may still go on to Step 5, the final step.
But for claimants age 50 and over, Step 4 is often where the case stops and a decision is made.
So, the big question: Can you still do any of your past relevant work (PRW). First, what is past relevant work? There are 3 criteria for jobs to count as PRW:
So, how can you help or hurt your claim when you file your application for disability benefits? Here are common mistakes we see in application forms--and I use the term "application forms" to include ALL the forms the claimant filled out during the long process. The particular form that asks questions about your past work is called the "Work History Report." It is part of the application. So, here are the 5 top mistakes:
When a state disability examiner looks at your report, she should easily be able to determine:
Can the claimant perform any of his/her past relevant work?
If Yes, the claim is denied. If the answer is No, the claim may still go on to Step 5, the final step.
But for claimants age 50 and over, Step 4 is often where the case stops and a decision is made.
So, the big question: Can you still do any of your past relevant work (PRW). First, what is past relevant work? There are 3 criteria for jobs to count as PRW:
- The work was performed during the past 15 years before you applied for disability.
- It is work at which you earned enough money to be considered substantial gainful activity (SGA). In 2005, for instance, a job would count as PRW if you earned an average of $830 per month. A job you held in 2010 would be PRW if you earned at least $1,000 per month. So, some part-time jobs may not count.
- It is work you did long enough to learn how to do the job properly.
So, how can you help or hurt your claim when you file your application for disability benefits? Here are common mistakes we see in application forms--and I use the term "application forms" to include ALL the forms the claimant filled out during the long process. The particular form that asks questions about your past work is called the "Work History Report." It is part of the application. So, here are the 5 top mistakes:
- Failure to give a complete job history that lists all the jobs you have held during the past 15 years, with dates of employment, job titles and wages for each job. Notice that the form calls for "job title" not employer. So, you would write "Assistant Cashier," not Midtown Northern Bank of the South.
- Failure to describe each job by telling what you did day in and day out. Job titles often do not describe job duties accurately. For example, if you were an assistant manager for a convenience store, you might say: I ran the cash register, stocked shelves, cleaned the restrooms daily, helped make out work schedules and set up displays.
- Failure to specify how much lifting was required for each job. You should clearly state what type of things you had to lift, how far you carried it, and how often you did it. Specify the very heaviest (maximum) weight you lifted, and also specify the weight you frequently or routinely lifted. These are not usually the same. For example: I sometimes lifted up to 75 pounds. I routinely lifted 25 pounds frequently.
- Failure to specify how much you had to sit, stand, walk in each job. Jobs are assigned an exertion class based, in part, on how much sitting and standing the job entailed. Be very specific. "I stood about 6 hours per day, walked 1 hour per day, and sat no more than 1 hour each day."
- Failure to estimate your postural requirements. There is a place on the Work History Report to specify how much you had to bend, crouch, crawl, reach, kneel, handle, etc. on each job. Most people leave these blank and it causes the past relevant work to be improperly classified.
When a state disability examiner looks at your report, she should easily be able to determine:
- What your main duties were on each job you listed, not just a job title.
- The dates you held each job (starting and ending dates).
- Your wages or salary for each job.
- Whether the job was mainly performed sitting, standing or a combination of the two; if a combination, how many hours per day were standing/walking? How many sitting?
- What was the lifting requirements of each job in terms of (a) maximum and (b) frequent or routine lifting (how much you lifted nearly every day).
Thursday, October 4, 2018
DISABIITY INSURANCE YOU MAY NOT KNOW YOU HAVE
Nearly all workers in the US have deductions taken out of their pay. If you look at your pay stub, one of those deductions will be for FICA, which stands for Federal Insurance Contributions Act. Is is a payroll tax which funds Social Security and Medicare.
FICA tax is mandatory for most workers. It just comes out of your check each pay period. It provides Social Security Disability Insurance or SSDI. If you become disabled, you can apply for a benefit or check, based on what you have paid into the program.
There is a catch, however. It can be very difficult to prove that you meet the medical requirements for disability. Social Security's definition of "disability" is very strict.
Definition of Disability. For most workers, disability is defined as the total inability to perform any full-time work which exists in the United States economy. The disabling condition must have lasted, or be expected to last, for at least 12 consecutive months.
So, becoming unable to perform you most recent or customary work isn't enough. If there are other jobs you can do, your claim will be denied.
This definition of disability is what most appeals and lawsuits against Social Security focus on. Are you disabled according to the government's definition of disability?
I have a client who was an assembler in an automobile assembly plant. Because of a back back, he became unable to do the standing, lifting and bending required of that job. Standing for 8 hours a day on a concrete floor caused unbearable pain. Obviously, he cannot continue with this kind of work, which he has done for more than 14 years.
But, can he perform other work? Because he is only 47 years old, Social Security's rules require him to try to adapt to lighter work--perhaps a job with less standing, bending and lifting involved. If he is judged able to perform sedentary work (which can be performed mostly from a seated position), he will be denied benefits.
A suspect job that Social Security's vocational expert may propose would be that of a Check Cashier, DOT code 211.462-026. It is a sedentary (seated) job which requires very little training.
Or, the government might argue that my client can adjust to work at the light exertion level. Suspect jobs might include Laundry Folder, DOT code 369.687-018. Or, Quality Control Tester, DOT code 701.261-010. Perhaps they might suggest Ticket Taker, DOT Code 344.667-010. There are dozens of other jobs that might come up.
My job, as representative, is to show that all of these jobs are beyond the residual functional capacity (RFC) of my client. I would use both objective medical evidence and the claimant's own testimony to demonstrate this.
With an older claimant (age 50 or above), I would use a medical-vocational rule to show disability. This, however, is not permitted in a younger individual. So, we have to take a more round-about method of showing disability.
If you have been denied for SSDI benefits, you should consider hiring an attorney or advocate to assist you with an appeal. This can be done on what's called a 'contingency fee,' meaning that you pay nothing up front and never pay a fee for representation unless you are successful in collecting benefits with back pay from the government.
Data continues to suggest that claimants who have professional representation are more likely to be approved than "unrepped" claimants who go it alone.
FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
FICA tax is mandatory for most workers. It just comes out of your check each pay period. It provides Social Security Disability Insurance or SSDI. If you become disabled, you can apply for a benefit or check, based on what you have paid into the program.
There is a catch, however. It can be very difficult to prove that you meet the medical requirements for disability. Social Security's definition of "disability" is very strict.
Definition of Disability. For most workers, disability is defined as the total inability to perform any full-time work which exists in the United States economy. The disabling condition must have lasted, or be expected to last, for at least 12 consecutive months.
So, becoming unable to perform you most recent or customary work isn't enough. If there are other jobs you can do, your claim will be denied.
This definition of disability is what most appeals and lawsuits against Social Security focus on. Are you disabled according to the government's definition of disability?
I have a client who was an assembler in an automobile assembly plant. Because of a back back, he became unable to do the standing, lifting and bending required of that job. Standing for 8 hours a day on a concrete floor caused unbearable pain. Obviously, he cannot continue with this kind of work, which he has done for more than 14 years.
But, can he perform other work? Because he is only 47 years old, Social Security's rules require him to try to adapt to lighter work--perhaps a job with less standing, bending and lifting involved. If he is judged able to perform sedentary work (which can be performed mostly from a seated position), he will be denied benefits.
A suspect job that Social Security's vocational expert may propose would be that of a Check Cashier, DOT code 211.462-026. It is a sedentary (seated) job which requires very little training.
Or, the government might argue that my client can adjust to work at the light exertion level. Suspect jobs might include Laundry Folder, DOT code 369.687-018. Or, Quality Control Tester, DOT code 701.261-010. Perhaps they might suggest Ticket Taker, DOT Code 344.667-010. There are dozens of other jobs that might come up.
My job, as representative, is to show that all of these jobs are beyond the residual functional capacity (RFC) of my client. I would use both objective medical evidence and the claimant's own testimony to demonstrate this.
With an older claimant (age 50 or above), I would use a medical-vocational rule to show disability. This, however, is not permitted in a younger individual. So, we have to take a more round-about method of showing disability.
If you have been denied for SSDI benefits, you should consider hiring an attorney or advocate to assist you with an appeal. This can be done on what's called a 'contingency fee,' meaning that you pay nothing up front and never pay a fee for representation unless you are successful in collecting benefits with back pay from the government.
Data continues to suggest that claimants who have professional representation are more likely to be approved than "unrepped" claimants who go it alone.
FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
Tuesday, October 2, 2018
SOCIAL SECURITY'S RULES DON'T ALWAYS USE "COMMON SENSE"
The Social Security Administration has a set of rules it goes by to decide who can get disability benefits. These rules don't always make sense to claimants or the attorneys who represent them.
"But it's important to remember that the Administration always operates according to their rules," says Charles Forsythe, an advocate with the Forsythe Firm in Huntsville. "Dealing with them can be frustrating if you don't know their rules. But the rules mean that everyone is treated the same, so we usually know in advance how Social Security will react to certain circumstances."
I could give you a lot of examples of rules that don't meet the common sense test or most folks. Here are a few samples:
1. You can't apply for disability while you are still working. It would be nice to decide that you aren't going to be able to continue working much longer, apply for disability benefits, get approved, and then quit working. But Social Security doesn't allow that. If you are working and earning a set amount of wages (currently $1,180 per month)--you are not allowed to apply for disability, no matter how sick you are. You have to stop work first, then apply. Or, you have to reduce your work so that you earn less than $1,180 per month in gross wages.
2. You can't get on disability benefits because nobody will hire you. We often talk to people who say, "I've been off work for three years. I've applied for dozens of jobs but nobody will hire me because of my health." Unfortunately, Social Security will make a decision, based on your medical records, concerning your "residual functional capacity." If they decide that you are physically and mentally able to perform even sedentary, unskilled work, they will often deny your claim. (Age plays a big factor in this decision).
3. You may lose eligibility for new SSDI claims, even though you worked for many years and paid Social Security (FICA) taxes. Coverge under the Social Security system is not always permanent. Once you stop working the clock begins to tick. After a few years, your SSDI coverage ceases to exist for new claims. Therefore, you could find yourself disabled but "uninsured" for SSDI claims. Your date last eligible to file a new claim for SSDI is called your "Date Last Insured" or DLI.
4. Social Security isn't obligated to accept your doctor's word that you are disabled or that you cannot work. The decision about whether or not you are disabled belongs to the Commissioner of Social Security. She doesn't allow anyone else to draw that conclusion under the law. And, while your doctor can establish limits on how much you can sit, stand, walk, lift, kneel, crouch, crawl, etc., Social Security may ignore the doctor's opinion if it is "not consistent" with the entire body of medical evidence.
Why not contact us about a free evaluation of your disability situation. There's no fee for the consultation and it may give you a pretty good idea of how you stand.
___________________
The Forsythe Firm
Huntsville, AL
PH (256) 799-0297
E-Mail Us with Questions: forsythefirm@gmail.com
"But it's important to remember that the Administration always operates according to their rules," says Charles Forsythe, an advocate with the Forsythe Firm in Huntsville. "Dealing with them can be frustrating if you don't know their rules. But the rules mean that everyone is treated the same, so we usually know in advance how Social Security will react to certain circumstances."
I could give you a lot of examples of rules that don't meet the common sense test or most folks. Here are a few samples:
1. You can't apply for disability while you are still working. It would be nice to decide that you aren't going to be able to continue working much longer, apply for disability benefits, get approved, and then quit working. But Social Security doesn't allow that. If you are working and earning a set amount of wages (currently $1,180 per month)--you are not allowed to apply for disability, no matter how sick you are. You have to stop work first, then apply. Or, you have to reduce your work so that you earn less than $1,180 per month in gross wages.
2. You can't get on disability benefits because nobody will hire you. We often talk to people who say, "I've been off work for three years. I've applied for dozens of jobs but nobody will hire me because of my health." Unfortunately, Social Security will make a decision, based on your medical records, concerning your "residual functional capacity." If they decide that you are physically and mentally able to perform even sedentary, unskilled work, they will often deny your claim. (Age plays a big factor in this decision).
3. You may lose eligibility for new SSDI claims, even though you worked for many years and paid Social Security (FICA) taxes. Coverge under the Social Security system is not always permanent. Once you stop working the clock begins to tick. After a few years, your SSDI coverage ceases to exist for new claims. Therefore, you could find yourself disabled but "uninsured" for SSDI claims. Your date last eligible to file a new claim for SSDI is called your "Date Last Insured" or DLI.
4. Social Security isn't obligated to accept your doctor's word that you are disabled or that you cannot work. The decision about whether or not you are disabled belongs to the Commissioner of Social Security. She doesn't allow anyone else to draw that conclusion under the law. And, while your doctor can establish limits on how much you can sit, stand, walk, lift, kneel, crouch, crawl, etc., Social Security may ignore the doctor's opinion if it is "not consistent" with the entire body of medical evidence.
Why not contact us about a free evaluation of your disability situation. There's no fee for the consultation and it may give you a pretty good idea of how you stand.
___________________
The Forsythe Firm
Huntsville, AL
PH (256) 799-0297
E-Mail Us with Questions: forsythefirm@gmail.com
Monday, October 1, 2018
WINNING DIFFICULT DISABILITY CASES
Let's face it, some Social Security disability cases are tougher than others. There are a lot of factors that can make this true.
One sure sign of a difficult case is one that has been denied two or three times already.
The best chance of winning one of these cases is through new medical evidence from a doctor or other provider.
The first thing I would attempt is to enlist the aid of the claimant's treating physician. Doctors are not allowed to decide who is disabled. However, they can provide an opinion on how much work the claimant is able to perform. Often, this opinion is enough to turn the case around.
We must decide on the venue for presenting new evidence. Do we want to file a new claim or pursue an appeal? Again, that depends on a lot of factors that need careful analysis.
When disability claimants come to me, they can be in various stages of the process:
1. The claim may not have been filed yet, so we begin from the ground up.
2. The claim may have been filed but not yet decided by the state reviewing agency, so we are still on ground level, waiting on the first decision.
3. The application may have been denied and the claim is ready to be appealed. We ask for a hearing with an Administrative Law Judge (ALJ).
4. The application may have been denied and an appeal may already have been filed by the claimant, who is just waiting to get on the docket for a hearing. We have a lot of work to do before the hearing is scheduled.
5. The claim may have been denied, a hearing has been held, and the claim was denied a second time by a judge. It is now ready for a review by the Appeals Counsel.
6. The claim may have been denied by the state agency, denied by the hearing judge, and denied again by the Appeals Counsel. Consideration must now be given toward filing a suit in federal district court against the Commissioner of Social Security.
Obviously, the more times a claim has been looked at and denied, the more difficult the claim becomes to win.
Our job is to sit down with a claimant, decide where the claim is in the process, and what needs to be done next.
We never charge a fee for looking at a claim, analyzing it, and trying to determine if we can "add value" to the case.
One sure sign of a difficult case is one that has been denied two or three times already.
The best chance of winning one of these cases is through new medical evidence from a doctor or other provider.
The first thing I would attempt is to enlist the aid of the claimant's treating physician. Doctors are not allowed to decide who is disabled. However, they can provide an opinion on how much work the claimant is able to perform. Often, this opinion is enough to turn the case around.
We must decide on the venue for presenting new evidence. Do we want to file a new claim or pursue an appeal? Again, that depends on a lot of factors that need careful analysis.
When disability claimants come to me, they can be in various stages of the process:
1. The claim may not have been filed yet, so we begin from the ground up.
2. The claim may have been filed but not yet decided by the state reviewing agency, so we are still on ground level, waiting on the first decision.
3. The application may have been denied and the claim is ready to be appealed. We ask for a hearing with an Administrative Law Judge (ALJ).
4. The application may have been denied and an appeal may already have been filed by the claimant, who is just waiting to get on the docket for a hearing. We have a lot of work to do before the hearing is scheduled.
5. The claim may have been denied, a hearing has been held, and the claim was denied a second time by a judge. It is now ready for a review by the Appeals Counsel.
6. The claim may have been denied by the state agency, denied by the hearing judge, and denied again by the Appeals Counsel. Consideration must now be given toward filing a suit in federal district court against the Commissioner of Social Security.
Obviously, the more times a claim has been looked at and denied, the more difficult the claim becomes to win.
Our job is to sit down with a claimant, decide where the claim is in the process, and what needs to be done next.
We never charge a fee for looking at a claim, analyzing it, and trying to determine if we can "add value" to the case.
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ATHENS ALABAMA - SOCIAL SECURITY DISABILITY ADVOCATE
My full-time job is helping disabled individuals get Social Security benefits. This can mean up to $2,687 per month in income for a person ...
