WHAT CAN STOP YOUR SOCIAL SECURITY DISABILITY BENEFITS?

Social Security may stop your disability check under certain conditions.  Here are likely things that will stop your benefits:

1.  You go back to work.  Social Security taxes (called FICA) are withheld from every paycheck you get.  These withholdings are reported to the US Social Security Administration every 3 months by your employer.  A computer in Baltimore, Maryland keeps track of this.  If you begin to work at what is called substantial gainful activity (SGA), the computer will catch it and you will be reviewed.  Chances are, your disability benefits will be suspended pending an investigation and probably terminated.  So, what is "substantial gainful activity"?  It is the amount of work and earnings that the government considers substantial and gainful.  Beginning in 2019, if you work and earn at least $1,220 per month before tax, you are engaged in SGA, which can terminate benefits.

2.  You have significant medical improvement and are no longer disabled.  Every 2 or 3 years, Social Security will conduct routine Continuing Disability Reviews (CDRs) to determine whether claimants have improved enough to go back to work.  If they find that you have made this type of improvement, they will terminate your disability check.  You will receive a written notice when the CDR begins and another one when a decision has been reached.  If you are notified that your check is going to terminated, you have a right to appeal under one of the following timelines:

A.   Within 60 days if you do not wish to continue receiving a check during your appeal process, which may take up to 1 year to complete.

B.   Within 10 days if you do wish to continue receiving a disability check during your appeal process.  Caution:  If you eventually lose the appeal, Social Security will demand that these benefits be repaid.  I refer here to the benefits you received after you were notified that benefits were being terminated.

If you are selected for a Continuing Disability Review (CDR), you should be sure that your doctor submits all your recent medical records to the unit of Social Security which is conducting your review.  A letter from your doctor stating that you are still under his/her care, are compliant with treatment, and have not made significant medical improvement can be most helpful to you.

You have the right to representation during Continuing Disability Reviews (CDRs); however, you will probably have to pay out of your pocket for it, since Social Security cannot withhold any money for attorney's fees.

The Forsythe Firm does not currently represent persons in CDRs.

 

SOURCES OF DISABILITY INCOME

SOURCES OF DISABILITY INCOME may include an insurance plan through your employer, Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

 If you have disability insurance through your employer, that may be the fastest and easiest source of income when you become disabled. Social Security can take longer to get because of the government red tape. Most private insurance plans will start your disability payments now and then reduce them if you later get approved for Social Security.


There are no income/resource restrictions for SSDI.  But you do have to prove that you cannot work because of a severe medical condition (physical or mental).  Usually, it's not enough to prove that you can't do your recent job; you also need to prove that you can't do any full-time work.  It can sometimes take two years or longer to get an SSDI claim approved.  And, Social Security does not pay any benefit for the first 5 months of disability due to the "waiting period."

If you need assistance getting Social Security disability, contact the Forsythe Firm in Huntsville. Call (256) 799-0297.

We require no money up front and we will cover expenses to process and adjudicate a claim that we agree to represent.  If you win the claim or appeal and collect back pay, Social Security repays us from the back pay you receive.

Have questions?  Call us.  We can often answer your Social Security disability questions over the phone, without your having to drive to our office. If you need to come in later, we will schedule a convenient appointment you. There is never a charge to speak with us.
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THE FORSYTHE FIRM
Social Security Representatives
7027 Old Madison Pike
Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE 

HOW YOUR WORK RECORD AFFECTS SOCIAL SECURITY DISABILITY

A lot of people think Social Security is a big government welfare program that gives away money.  It's not.

Social Security operates an insurance company.  They sell mandatory disability insurance to American workers.  The workers pay into the insurance and when they meet certain conditions can take money out, just like any other insurance plan.  The difference is, you are forced to buy the insurance.  Check your last pay stub.  See the deduction for FICA?  That's the Social Security and Medicare tax.

How do you pay in?  By working.  You pay about 7 cents for every $1 you earn in wages.  Your employer matches this with an additional 7 cents, for a total of about $14 per $100 in wages.  The money goes into the Social Security trust fund under your Social Security number.  It lies there until you prove you are eligible for benefits.

These contributions of FICA tax, as they are called, fund Social Security's ability to pay disability claims.

Your earnings have other impacts on your Social Security, too.

1.  Wages determine the amount of disability benefit you may get if you become disabled.  The longer you have worked, the more money you have earned, and the more FICA you have paid in--the bigger your benefit will be.

2.  A long, steady history of work also gives you credibility when you file a disability claim.  Decision makers, especially appeal judges, like to see a long, steady history of employment.  It demonstrates that the claimant has a strong work ethic, likes to work, and would continue working if he/she were able to do so.

3.  Past work may also help determine whether or not you are legally disabled if you file a claim.  If you are age 50 or above, Social Security uses something called Medical-Vocational Guidelines or "grid rules" to determine if you are still able to work.  The types of work you did over the most recent 15-year period is a big factor in determining whether or not you can get a disability benefit, especially for individuals who have reached age 50. 

So, we see that an individual's work record plays an important role in who can get disability benefits and how much those benefits will be.  When completing a disability application, Social Security will ask you to fill out a Work History Report, giving great detail about each of your past jobs.  While most claimants ignore this form as a nuisance, or only fill it out only half-heartedly, the work history will play a very vital role in whether you can get benefits.  It deserves respect and dedicated effort as part of the Social Security application process.  If you don't feel you can fill it out accurately, please get some help in doing so.  I see claims denied because the Work History Report wasn't completed or was completed partially or improperly.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE 

SOCIAL SECURITY DENIED CLAIMS: HOW TO DEAL

Like everything else in life, the process for claiming Social Security disability benefits is a far cry from perfect.  Mistakes are made and legitimate claims are frequently denied.  I tell my clients, "Expect to be denied.  Then we will deal with it."

When an insured worker becomes disabled, he or she suddenly loses the income they used to make mortgage payments, utility bills, pay the doctor or buy food.  Many of them risk losing their home, car and going on welfare.  And welfare is surprisingly difficult to get and limited in what it will do.  So, Social Security disability checks are what disabled workers depend on to survive.

Then comes that awful letter that says, "You are not entitled to a disability benefit.  This is because you are not disabled according to our rules."

"...according to our rules" is the big problem.  Social Security eligibility is governed by the Social Security Act of 1935, as amended; and also by the 20 Code of Federal Regulations, and also by hundreds of federal court decisions that have amended, eliminated or added to the regulations.

You'd have to be a lawyer to understand it.  Literally.  That's why there is an entire legal industry these days built around helping people get their disability benefits.

So, when that disappointing denial letter comes, what do you do?

You file an immediate appeal and ask for a hearing before an administrative law judge.  Yes, the law provides the right to a hearing.  They cannot say no.  The law does set a deadline to file the appeal:  60 days.  Miss the deadline and the right to an appeal is gone.

Next, your begin to prepare a way to win the appeal.  Filing it is easy.  Winning it is harder.  The judge will want certain technical issues to be met, and you must present acceptable medical evidence.  It's not just walking into court and telling your story.  If it isn't in the medical record, it didn't happen.  Even medical records may not be enough.  

Do you need a lawyer or legal representative?  Yes, I think you do.  Most judges think so, too.  The truth is, judges don't take unrepresented claimants very seriously.  And judges know that the claimant knows absolutely nothing about Social Security law or regulations.  Judges don't want to spend the entire hearing saying things like, "Yes, Mr. _____, but that doesn't matter because the law doesn't allow me to consider that."

Judges had much rather deal with attorneys or experienced advocates who know the regulations and can provide what is needed to adjudicate the case quickly and efficiently.  They also want to know that the rights of the claimants are being represented.

When their claim is denied, some claimants are tempted to file a new claim.  This is usually wrong for them on so many levels.  The first thing that's wrong with it is that the new application will nearly always meet the same fate as the original:  another denial--just several months later.

So, in 2019, the NORMAL path for getting Social Security disability benefits is as follows:

1.  File a complicated, complete application and wait 4 or 5 months for a decision.

2.  Get denied (a 70 percent probability) on average.  "You are not disabled according to our rules."

3.  File an appeal and attend a hearing before a judge.  The approval rate is better here, if you have a legitimate disability.  If not, nothing will save you.

There is all kind of help available for persons needing to appeal Social Security denials.  There must be 50 local attorneys who will work on these cases with no upfront money and a contingency fee.  This means you pay nothing now and only pay a fee if your case is successful and you receive accumulated back pay.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE


 

WHAT A JUDGE LOOKS FOR AT A DISABILITY HEARING

Here is the most common route to Social Security disability benefits today:  (1) You apply, (2) you get denied, (3) you appeal and have a hearing.

Hearings are conducted by federal Administrative Law Judges (ALJs).  What do they look for in a hearing?

1.  First, they look to see if you are working or if you have worked since the date you claimed disability.  This is called a Step One investigation because working may stop the process and cause an automatic denial immediately (at step 1).

2.  They determine your past relevant work, i.e. any full-time job(s) you have held within the past 15 years. 

3.  They explore your physical and/or mental impairments to see (a) Are they severe enough to meet a published Listing, (b) are they severe enough to prevent you from doing any past relevant work, or any other work that exists in the national economy?

The impairments and symptoms you allege will be compared to your medical records to see if your doctors support your testimony.  The medical records are the heart of the hearing.  Assuming you don't disqualify yourself by a technical matter (working at substantial gainful activity), the case rises or falls on what's in the medical records.

4.  The judge will explore how active you are in terms of daily activities:  What is your living arrangement?  What do you do during the day?  Do you shop?  Drive?  Do housework or yard work?  Hobbies?  Do you need help with any activities of daily living?

5.  The judge will ask a vocational expert (present at the hearing) whether a certain set of restrictions will prevent you from working.  If you are under age 50, you must be found unable to physically or mentally sustain full-time work of any kind.  If you are 50 or over, the vocational question will focus more on whether you are able to perform any of your past relevant jobs. 

Here is a typical hypothetical question that a judge might pose to the vocational expert:

Assume that we have a claimant who is the same age, has the same education, work experience and education as the claimant.  Further assume that this individual can perform the full range of light work; except:  she can only use the dominant right upper extremity for reaching overhead on an occasional basis.  She can stoop, crouch, kneel and crawl on a frequent basis.  She can frequently climb ramps and stars but never ropes, ladders or scaffolds. She can tolerate extreme hot/cold temperatures and areas of vibration frequently, but should never be exposed to unprotected heights or dangerous moving machinery.  Because of pain, she would be expected to be off task about 10 percent of a work day. Given these limitations, would the claimant be able to perform any of her past relevant work?  (VE will answer).  Is there any other work that she would be able to perform?  (VE will answer, listing examples of jobs that may be available and the number of those jobs which exist in the national economy).

Please note that Social Security takes no notice of whether a person can find a job, since it is a disability program, not an unemployment program.  It does not matter if there are no jobs in the claimant's hometown, if nobody will hire her, or that she has looked for work for 10 years and couldn't find a job.  The question is:  Is she able to work?  

Social Security's vocational expert will rely on an outdated publication titled Dictionary of Occupational Titles (DOT) which was published during the Great Depression (1930s) and was last updated around 1993.  This puts Social Security largely out of touch with jobs that exist in the national economy today.  For example, there are few if any jobs using computer technology in the DOT because when the DOT was last updated, computers were not yet being used for most work.  

You begin to get the idea that this is a rather complicated business.  Therefore, judges who hear these cases usually recommend that a claimant appoint an attorney or representative to assist him/her at the hearing.  Not having a representative puts the claimant at a distinct disadvantage, not knowing how to use Social Security's rules and regulations or how to cross examine the vocational expert.  

HOW DOES REPRESENTATION WORK?  

You appoint a qualified representative to help you.  You will not be charged a fee or asked to pay any money upfront.  If your case is successful and you receive back pay, Social Security will withhold the agreed attorney's fee and pay your representative directly.  If you do not receive back pay, the representation is free.  Using a representative never reduces the amount of your monthly benefits.
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The Forsythe Firm
Gregory W. Forsythe
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

"Across from Bridge Street"

 Social Security Justice - Website

                                    FREE CONSULTATIONS

WHY VETERANS HAVE IT GOOD WITH SOCIAL SECURITY

Disabled veterans are in a good position to get benefits from the Social Security Administration (SSA).  Here's why:

First, Social Security will expedite the claims of veterans who have a 100 percent permanent, total disability rating from the Veterans Administration.  This can reduce the waiting time for a decision from 24 months to 4 months or less.

Second, while Social Security is not bound by disability decisions made by the VA, the VA process is fairly similar to the Social Security process.  Therefore, if a veteran has a VA disability rating of 70 or higher, there is a high probability of getting SSDI benefits, too.

Third, nobody documents medical treatment like the military.  There is always a wealth of documented medical treatment that leaves a trail of evidence, useful in SSDI claims.

One word of caution is necessary.  The application process at Social Security is very flawed.  The initial response to your application for benefits is made by a state agency called the Disability Determination Service (DDS).  The DDS will automatically deny any claim where the evidence for disability is not overwhelming.  Unfortunately, this is true for disabled veterans, too.

So, don't be shocked if the state agency denies your Social Security claim.  It happens a lot.  The fix is to immediately appeal that denial and take your case before a federal Administrative Law Judge (ALJ) for a hearing.  At the hearing level, your chances are much better.

My firm here in Huntsville proudly represents hundreds of veterans in their quest for Social Security disability benefits.  We understand the SSDI process and how to prepare appeals.  We will seek maximum benefits with the fastest possible turn around time.  Consultations are always free and we will never ask you for money.  
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THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
"Next to Arsenal Gate 9"
Huntsville, AL 35806
CALL US:  (256) 799-0297

SOCIAL SECURITY JUSTICE - WEBSITE 

I WENT BACK TO WORK: WILL IT AFFECT MY SOCIAL SECURITY DISABIITY CLAIM?

Going back to work will most likely have a negative impact on your pending Social Security disability claim.  If you work very much, it may kill your Social Security claim entirely.

The first thing Social Security must determine before deciding your SSDI claim is:  IS THE CLAIMANT NOW WORKING AT SUBSTANTIAL GAINFUL ACTIVITY?  If the answer is yes, the claim must be denied.  This is a Step 1 question (out of a total of 5 steps in the process).  See the definition of "substantial gainful activity" below.

Many claimants object.  "I had no choice.  I had no income and had to go back to work.  But I am still disabled."

But it doesn't matter why you are working.  The law does not permit a claimant to work at substantial gainful activity and get a Social Security check at the same time, regardless of why he or she is working. 

Social Security provides a disability benefit only for persons who are totally disabled, who cannot work a full-time job.  There is no such thing as a partial disability with Social Security.  So, if you go back to work after filing a disability claim, it very well may cause you to lose your Social Security benefits.

I have used the term substantial gainful activity (SGA for short) several times.  What is it?  It is the amount of work which disqualifies a person for Social Security disability benefits.  In 2018, the amount is defined as earning at least $1,180 per month.  The law makes it impossible to qualify for a Social Security disability benefit if a person is working and earning before-tax wages of at least $1,180 per month. In 2019, you will be engaged in substantial gainful activity if you earn at least $1,220 per month before tax. (There are different rules for individuals who are legally blind).

If you have a Social Security disability claim pending, you should consult with your attorney or representative before going back to work, even on a temporary basis.  The general rule of thumb that Social Security will use is this:

If you are able to work, you do not qualify for Social Security disability.  Period.  Being disabled, under SSA rules, assumes the inability to work at the SGA level.  Being able to work and earn income at the SGA level assumes that you are not disabled under agency rules.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

CALL (256) 799-0297

SOCIAL SECURITY JUSTICE - WEBSITE

HOW MUCH WILL SOCIAL SECURITY DISABILITY PAY IN ALABAMA?

Most workers in Alabama are covered by Social Security Disability Insurance (SSDI).  But how much will it pay if you become unable to work?

Benefits are based on the individual's age and earning history.  The longer you have worked and the higher your average wages have been, the higher your benefit will be.

The maximum SSDI benefit is over $2,800 per month.

However, the average SSDI payment is $1,197 per month.

How do you find out what your estimated payment would be?  Call your local Social Security field office and ask the amount of your "Primary Insurance Amount" or PIA.  (I know, Social Security speaks its own lingo).

Unfortunately, getting approved for SSDI can be a difficult and lengthy process.  It often takes months to years.  A high percentage of claimants get an attorney or representative to help get their benefits, especially after a denial.
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The Forsythe Firm
7027 Old Madison Pike
Suite 108
Huntsville, AL 325806
PHONE (256) 799-0297

Social Security Justice 

WILL THE US SUPREME COURT MAKE IT EASIER TO GET SSDI BENEFITS?

The US Supreme Court heard oral arguments on December 4, 2018 in Biestak v. Berryhill, concerning a long argument over vocational witness testimony at Social Security disability hearings.  

A vocational expert (VE) is typically present for hearings involving denied Social Security disability claims.  In response to a set of hypothetical questions from the administrative law judge, the VE will state how many jobs of a specific kind are available in the US economy.

In other words, the judge says, "Assume I find that this claimant has this and that physical or mental limitation, how many jobs would be available that he or she could perform?"  The VE will then use the outdated Dictionary of Occupational Titles, where jobs are classified by "DOT codes" and respond with a specific number of jobs.  "There are 144,973 hand packager jobs in the US economy."

Claimants' representatives have long challenged how the vocational expert can possibly know how many jobs exist in the nation, based on one particular DOT code.  For instance, how can you know that there are 144,973 hand packagers working in the country?  Who counts them? The US Department of Labor and its Bureau of Labor Statistics have repeated stated that they don't know any way to get this sort of number.  Typically, when the claimant's representative asks the VE where she comes up with this number, she will respond, "It's based on my training, education and experience."

When pressed for more information about the method of trying to count or estimate these jobs, VEs are generally reticent.

Representatives and advocate groups have long criticized that the job numbers are little more than guesses and that they have no objective grounding in fact or solid research.

Some members of the US Supreme Court may also have misgivings about the validity of job numbers:

Chief Justice John Roberts:  "...No matter how much of an expert a person is, what you've basically said is...trust me.  [And] It's not just trust me...in general.  Trust me...I think it's 20 percent.  It does have a sense of being...pulled out of the air."

Justice Sotomayer (speaking to Social Security's attorney):  "You are worrying me that this is in fact, what all of the critics are saying...[t]hat these are numbers pulled out of a hat as a person sits there."

The question the Supreme Court must decide is:  How much documentation must the vocational expert provide to support his or her assertions that a certain number of jobs exist in the national economy?  Does the claimant, who may be approved or denied based on the job numbers, have the right to demand the source from which the VE estimates these numbers?

Why is the important?

At Step 5 of the disability determination process, if the judge finds that there are a significant number of jobs available to the claimant, based on his/her age, education, past work experience and residual functional capacity, benefits will be denied.  If the Government cannot demonstrate that a significant number of jobs exist, the claim will be approved.  So, in essence--in many cases-- the vocational witness if denying or approving a claim based on the job numbers that she reports in the hearing.

Is there any objective way to know whether those job numbers are accurate or real?  What is the Government's duty to allow the claimant access to the VE's source(s) for job incidence data?  Those are the big questions before the Supreme Court.

What is really amazing is that this is the first legal issue involving Social Security disability that has been before the Supreme Court in decades, and one of the very few in the history of the Social Security Administration.

The high Court may rule on the issue in the Spring of 2019. 
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Charles W. Forsythe
The Forsythe Firm
(256) 799-0297

SOCIAL SECURITY JUSTICE

WHY YOU NEED A PLAN TO GET SOCIAL SECURITY BENEFITS IN ALABAMA

Having a plan or strategy is very important to winning your Social Security disability appeal.

Judges have very limited time to spend on a case.  They are required to issue up to 700 decision a year, or over 50 per month.  One case may have thousands of pages of medical records and other documents to review.  Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.

• Is this claimant insured for benefits?
• What kind of past work did the claimant do?
• Does he or she meet a Listing or grid rule?
• Are there any transferable skills?
• Does the medical record support the alleged onset date?  If so, where? 

These are things the judge must know to decide the claim. 

A good representative will read and analyze the medical records, which are the foundation of every case.  The important evidence will be pointed out to the judge.  Are there MRIs or imaging studies to prove the alleged impairments?  Where can they be found quickly?

Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities?  How do these opinions limit the claimant's residual functional capacity?

Then we come to the claimant's testimony.  It's very important that the claimant has been prepared and knows what to expect--and how to answer.  The testimony should match up with what the doctors say in the records.

Award rates among Social Security judges are lower now than at any time in the past 30 years.  A lot of things have to line up and make sense for the judge.  

I always provide the judge with a pre-hearing brief.  That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid.  The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes.  So, I try to help the judge make efficient use of his/her time.

A lot of times I can answer difficult or technical questions for the judge.  This can also help to get a favorable decision out more quickly.  

It's risky to walk into a hearing and just hope for the best.  Those kind of hearings often don't go well for the claimant.  It's much better to have a legal roadmap of where you want to go and how to get there.  That's worth paying the attorney/representative a fee when your case is successful. 

So, talk to a representative early in the process.  I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case.  I have to think so, too, or I won't take the case.  The best of all worlds is when the claimant and representative work well together as a team.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297 

https://forsythefirm.wixsite.com/website