Just because a person qualifies for disability benefits doesn't always mean they are right for them. Let me explain.
Some individuals may meet the technical rules to get disability payments but are still able to do some limited type of work and would be much happier working.
If you are considering an application for disability benefits, here are some things to think about:
1) Are you able to do some type of work, even though you can't perform the work you have done in the past? Could you adjust to easier or lighter work and keep going? Is working part-time an option for you? Are you going to be happier working than being on disability? If working an easier job or part-time is an option for you, it really should be considered.
2) Have you considered the income reduction that will come with disability? The average Social Security disability check in 2018 is about $1,150 per month. Some are lower, some are higher but that's average.
I have actually had clients who applied for disability but later decided that they really wanted to try to go back to work, even if that means drastic changes in their work and lifestyle.
Obviously, a lot of people don't have the option to work because they simply cannot. These are the ones who should proceed full steam ahead with the disability process and we are here to help them.
If you and your doctor feel that trying to continue working is not an option, please call me and let's talk. I never charge a fee for talking and I'm available to answer questions you may have about Social Security disability.
Helping the disabled in North Alabama and Middle Tennessee: Social Security applications, appeals and hearings. Free Consultations. (256) 799-0297
Saturday, June 23, 2018
Wednesday, June 13, 2018
WHY DISABLED VETERANS SHOULD APPLY FOR SSDI
Disabled veterans should apply for SSDI--Social Security disability benefits.
The Social Security disability process offers several perks to disabled veterans.
* Expedited processing if you have 100% VA disability rating.
* Increased chance of award because the VA has already found you to be disabled.
* Ability to receive full VA benefits in addition to SSDI benefits with no reduction or offsets.
There are big differences between SSDI and VA disability programs. The VA benefit is awarded by percentage of disability. The SSDI benefit is all or none. The application processes are totally separate.
Social Security is not bound by VA rules. Social Security doesn't have to find you disabled just because the VA did. However, a VA rating of 70% or more supports a Social Security disability case and makes it more likely to be approved.
One word of caution: Social Security has a rather sloppy process of checking disability claims initially. So, they deny many claimants who really are disabled and should be paid. This oversight is corrected during the appeal process when an administrative law judge gives your case a new review. So, if you are denied the proper thing to do is appeal right away. There is a strict 60-day deadline to file an appeal.
The Forsythe Firm in Huntsville is an experienced and veteran-friendly advocate service, specializing in Social Security disability claims and appeals. We have helped hundred of veterans obtain SSDI benefits. We offer....
The Social Security disability process offers several perks to disabled veterans.
* Expedited processing if you have 100% VA disability rating.
* Increased chance of award because the VA has already found you to be disabled.
* Ability to receive full VA benefits in addition to SSDI benefits with no reduction or offsets.
There are big differences between SSDI and VA disability programs. The VA benefit is awarded by percentage of disability. The SSDI benefit is all or none. The application processes are totally separate.
Social Security is not bound by VA rules. Social Security doesn't have to find you disabled just because the VA did. However, a VA rating of 70% or more supports a Social Security disability case and makes it more likely to be approved.
One word of caution: Social Security has a rather sloppy process of checking disability claims initially. So, they deny many claimants who really are disabled and should be paid. This oversight is corrected during the appeal process when an administrative law judge gives your case a new review. So, if you are denied the proper thing to do is appeal right away. There is a strict 60-day deadline to file an appeal.
The Forsythe Firm in Huntsville is an experienced and veteran-friendly advocate service, specializing in Social Security disability claims and appeals. We have helped hundred of veterans obtain SSDI benefits. We offer....
- Free consultations without obligation
- Contingency Fee - Pay us only if you win with back pay
- Keep 100% of your monthly benefits
- We file both initial applications and appeals
- We represent claimants at hearings and appeals
Tuesday, June 12, 2018
SOCIAL SECURITY APPEALS: 4 LEVELS OF APPEALS
Social Security has denied your disability claim. Don't panic. There is a large network of appeals to handle denials and chances are you can be approved in the appeal process.
Social Security has 4 levels of appeal in most states:
LEVEL 1: RECONSIDERATION. The Disability Determination Service (DDS) will assign a different examiner or case specialist to review your decision. Alabama is one of 10 states that does not use this process, so if you live in Alabama, skip to Level 2.
LEVEL 2: HEARING before an administrative law judge, where your case gets a totally new review and new decision. This is your best chance to win your claim. You can present new evidence. Your attorney can present the legal theory of the case (why you should be approved). You can even bring witnesses to the hearing if you like.kl
LEVEL 3: APPEAL COUNCIL. This is not a hearing and he claimant does not appear. The council is a group of judges who sit in Falls Church Virginia and review the decisions made b the administrative law judge. If the AC finds legal error, they may remand the case back to the judge for a new hearing. The Appeal Council ends your appeal rights within the administrative agency. Next you move to the federal district courts and file a case against the Commissioner of Social Secuity.
LEVEL 4: The claimant may file a federal lawsuit against the Commissioner of Social Security. This is filed in Federal District Court for the district in which you live.
Actually there may be a fifth level of appeal. Occassionally, the Us Supreme Court agrees to hear a Socail Seurity case. This is not common but may happen a few times a year.
Social Security has 4 levels of appeal in most states:
LEVEL 1: RECONSIDERATION. The Disability Determination Service (DDS) will assign a different examiner or case specialist to review your decision. Alabama is one of 10 states that does not use this process, so if you live in Alabama, skip to Level 2.
LEVEL 2: HEARING before an administrative law judge, where your case gets a totally new review and new decision. This is your best chance to win your claim. You can present new evidence. Your attorney can present the legal theory of the case (why you should be approved). You can even bring witnesses to the hearing if you like.kl
LEVEL 3: APPEAL COUNCIL. This is not a hearing and he claimant does not appear. The council is a group of judges who sit in Falls Church Virginia and review the decisions made b the administrative law judge. If the AC finds legal error, they may remand the case back to the judge for a new hearing. The Appeal Council ends your appeal rights within the administrative agency. Next you move to the federal district courts and file a case against the Commissioner of Social Secuity.
LEVEL 4: The claimant may file a federal lawsuit against the Commissioner of Social Security. This is filed in Federal District Court for the district in which you live.
Actually there may be a fifth level of appeal. Occassionally, the Us Supreme Court agrees to hear a Socail Seurity case. This is not common but may happen a few times a year.
Thursday, June 7, 2018
AM I COVERED BY SOCIAL SECURITY FOR DISABILITY (SSDI)?
Here is a question we recently received and it helps you understand who is and who is not covered by Social Security disability insurance(SSDI). And, yes, Social Security disability is a government sponsored insurance plan.
"I am 32 years-old. I worked a couple of years right out of high school. Then, I got married and quit work. Then I worked again part-time from 2002 to 2005. Social Security tax was withheld from all of those wages. Am I covered?"
The most likely answer is, No. My guess is that you have not accumulated the necessary "quarters of coverage" during the past 10 years to be covered for Title II insurance (the standard Social Security disability coverage). To be sure, call your local Social Security office. In Huntsville, you can reach the office at 1-866-593-0665.
Supplemental Security Income (SSI) - a welfare program also administered by the Social Security Administration, has very different rules. SSI does not require any work to be covered. The maximum benefits under SSI are much lower and you are restricted by household income and financial resources (unlike the SSDI program, where there are no such restrictions).
"I am 32 years-old. I worked a couple of years right out of high school. Then, I got married and quit work. Then I worked again part-time from 2002 to 2005. Social Security tax was withheld from all of those wages. Am I covered?"
The most likely answer is, No. My guess is that you have not accumulated the necessary "quarters of coverage" during the past 10 years to be covered for Title II insurance (the standard Social Security disability coverage). To be sure, call your local Social Security office. In Huntsville, you can reach the office at 1-866-593-0665.
Supplemental Security Income (SSI) - a welfare program also administered by the Social Security Administration, has very different rules. SSI does not require any work to be covered. The maximum benefits under SSI are much lower and you are restricted by household income and financial resources (unlike the SSDI program, where there are no such restrictions).
ALABAMA RULES FOR DISABILITY
If you live in Alabama and need Social Security disability benefits, there are some basic rules that you must meet. In addition to having worked long enough (and recently enough) to be covered by the Social Security Act, you also must have a severe medical impairment that has lasted for at least 12 consecutive months, is expected to last for 12 consecutive months, OR to end in death.
Then, the following 2 rules will apply generally:
UNDER AGE 50 AT THE DATE OF DISABIITY: You must be unable to perform any of your past relevant work and any other work which exists in the national economy. This is a very high standard to meet. Basically, you have to prove that you cannot do simple, entry level sedentary or light work (often minimum wage jobs) that can be performed sitting down. This is a very high burden to meet.
OVER AGE 50: If your impairments are physical (exertional), it may be sufficient to prove that you cannot perform any of the work you have done during the previous 15 years. So, obviously, the rules are relaxed a bit for persons who are 50 and over. For these individuals, it's more about the work you have performed during the 15 years before you file for disability.
What if you are under age 50 but unable to work?
You may still be able to get disability benefits by proving that your impairment is so severe that you cannot sustain even simple, unskilled, entry level jobs that are available in the national economy.
It will be most helpful if your doctor will complete a form called a "Medical Source Statement" for you. This form estimates the function you have remaining in terms of such things as sitting, standing, walking, bending, lifting, memory, concentration, etc.
What are some things Social Security will NOT consider about your ability to work?
- You can't find a job or nobody will hire you.
- There are none of these jobs in your community.
- You have transportation issues (can't drive).
- You don't have skills for a lot of work available in the national economy (You can still do unskilled work).
- Some companies have told you that you'd be "a liability" to them.
Putting together a winning Social Security claim is rather complicated and takes some skills, especially at the appeal level. Consider an attorney or non-attorney disability specialist who will represent you with no upfront cost and with a contingeny fee--meaning, you pay a fee only if Social Security approves your case and awards back pay.
"Bottom line, to get disability benefits, you have to prove that a medical disability prevents you form performing any full-time work. The rules are a little easier for persons age 50 and over."
__________________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
PH (256) 799-0297
USING THE GRID RULES TO WIN DISABILITY
Grid rules, also called Medical-Vocational Guidelines, come into play for many individuals who are age 50 and over, and who have primarily exertional limitations (as opposed to mental limitations).
To understand how grid rules work, you need to understand the last two steps of the Social Security decision making process.
STEP 4: Can this claimant perform any of his or her past relevant work? Generally, this is any work performed within the past 15 years prior to filing for disability. If the answer is Yes, grid rules will not help.
STEP 5: If this claimant cannot perform any of his/her past relevant work, is there any other work in the national economy that he/she could perform? Obviously, this opens it up to a much wider field of work and gives the decision maker more opportunity to deny the claim.
Take the example of a 45 year-old man who has held the following past relevant jobs: brick layer, carpenter's helper, and lumber yard laborer. All of these past jobs involve heavy exertion. A Social Security judge finds that this claimant, who has spinal problems, cannot perform any of these past jobs. But he isn't approved, yet.
At Step 5, the judge finds that this 45-year-old claimant could perform other work, such as laundry folder, inspector, or small parts assembler--all much easier jobs than his past work--with less lifting, less walking, less bending, etc. The 45-year-old will be denied because he can perform "other work" as it exists in the national economy.
Let's pretend this same claimant is 56 years-old, not 45. Under the same circumstances, he can be approved under the grid rules--because of his age.
Because he is over 50, he is not expected to adapt to new, easier work, such as being a laundry folder or inspector. If he cannot perform his past relevant work, he is disabled.
The grid rules are a wonderful tool if used properly.
______________________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
* Free Consultations with no obligation
* No upfront costs if we represent you
* Never a fee until you win and get back-pay
*We serve Alabama and Tennessee
To understand how grid rules work, you need to understand the last two steps of the Social Security decision making process.
STEP 4: Can this claimant perform any of his or her past relevant work? Generally, this is any work performed within the past 15 years prior to filing for disability. If the answer is Yes, grid rules will not help.
STEP 5: If this claimant cannot perform any of his/her past relevant work, is there any other work in the national economy that he/she could perform? Obviously, this opens it up to a much wider field of work and gives the decision maker more opportunity to deny the claim.
Take the example of a 45 year-old man who has held the following past relevant jobs: brick layer, carpenter's helper, and lumber yard laborer. All of these past jobs involve heavy exertion. A Social Security judge finds that this claimant, who has spinal problems, cannot perform any of these past jobs. But he isn't approved, yet.
At Step 5, the judge finds that this 45-year-old claimant could perform other work, such as laundry folder, inspector, or small parts assembler--all much easier jobs than his past work--with less lifting, less walking, less bending, etc. The 45-year-old will be denied because he can perform "other work" as it exists in the national economy.
Let's pretend this same claimant is 56 years-old, not 45. Under the same circumstances, he can be approved under the grid rules--because of his age.
Because he is over 50, he is not expected to adapt to new, easier work, such as being a laundry folder or inspector. If he cannot perform his past relevant work, he is disabled.
The grid rules are a wonderful tool if used properly.
______________________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
* Free Consultations with no obligation
* No upfront costs if we represent you
* Never a fee until you win and get back-pay
*We serve Alabama and Tennessee
WHY MOST DISABILITY CLAIMS ARE DENIED
Decisions about disability applications are not made by Social Security directly. They are farmed out to a state agency called the Disability Determination Service (DDS) in Birmingham, AL which will deny over 70 percent of claims. Why?
1. DDS gives each claim a perfunctory review, having never examined the claimant and never having spoken to them in most cases.
2. DDS errors on the side of denial, not award. If your claim is not air tight it will be denied for someone higher up the chain to sort it out later. Usually, if your condition is not severe enough to meet a Listing level impairment, the claim will be denied. Denials are common as dirt. We jokingly call DDS the "Disability Denial Service."
3. The DDS decision is the first, not final, decision on the claim. In Alabama, denials can be referred up the chain to an administrative law judge (ALJ) for further review and new decision. This is the best chance to get your claim approved.
HERE ARE COMMON PITFALLS TO AVOID AFTER YOUR CLAIM IS DENIED:
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
1. DDS gives each claim a perfunctory review, having never examined the claimant and never having spoken to them in most cases.
2. DDS errors on the side of denial, not award. If your claim is not air tight it will be denied for someone higher up the chain to sort it out later. Usually, if your condition is not severe enough to meet a Listing level impairment, the claim will be denied. Denials are common as dirt. We jokingly call DDS the "Disability Denial Service."
3. The DDS decision is the first, not final, decision on the claim. In Alabama, denials can be referred up the chain to an administrative law judge (ALJ) for further review and new decision. This is the best chance to get your claim approved.
HERE ARE COMMON PITFALLS TO AVOID AFTER YOUR CLAIM IS DENIED:
- Waiting too long to file the appeal. You only have 60 days.
- Failing to submit enough medical evidence to win the appeal, including new or additional evidence after the denial date.
- Failure to use the Social Security rules and regulations to your advantage.
- Not knowing what the hearing will be like and what the standard of proof is; going in with just the hope that "someone will believe me and everything will be alright." It won't if you approach it on that basis.
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
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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 ...
