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
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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 ...
