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

E-Mail Us with Questions:  forsythefirm@gmail.com