You are sitting down to dinner and your phone rings. The caller ID indicates that it's a local number. In fact, the number has the same first 3 digits as your number. You decide to answer.
A voice on the other end of the line, someone who doesn't know your name, says: "This call is from the Social Security Administration. We have detected fraudulent activity involving your Social Security account..."
The caller will then ask you for verify certain personal information: your name, address and Social Security number.
This call is NOT from Social Security, even if your caller ID says "Social Security Administration." This is a spoof call. The caller may be in India or Bangladesh. Or some other foreign country. They use computers to generate fake telephone numbers that look like local calls. They call thousands of people (robo calls).
Please do not talk to these criminals. If they get your name, address or Social Security number, they will rob you. They may also ask you to send them money, often in the form of a pre-paid card of some kind. Social Security will NEVER ask you to do such a thing.
Social Security will never call you about suspected fraud or abuse. The real Social Security Administration always uses first class US Mail for such purposes. They never make this type of phone call.
The real Social Security will NEVER ask you to send them money by wire transfer, debit card, credit card or pre-paid cards of any kind. If you get this type of call it is a scam. Do not talk to these criminals. Hang up immediately.
There are variations of these fake calls. They may say they are calling from Medicare. Or the US Treasury Department. Or some other government agency.
Some recent scam calls say that a warrant has been issued for your arrest and you can prevent being arrested by sending money today (for example, "before 6 PM today" or "before midnight tonight").
Elderly individuals may especially be vulnerable to these criminal calls. If you know an elderly person who receives Social Security or Medicare, please warn them about these calls and advise them never to speak to any such caller over the telephone.
How do I know these calls are happening? Because I received 3 of them just last week.
The US government would like to stop these calls. However, because they often originate from foreign countries (India, China, Pakistan, Bangladesh, etc.), it is impossible to find the criminals who run these scams. US telephone and communications companies need to do more to protect our citizens from these criminal activities.
Remember, just because the number looks local, it probably is not. It is very easy for a foreign criminal to get a phone number that looks like it might be your neighbor's number. Never, ever give personal information over the phone to anyone who calls you. (Social Security, Medicare and the Treasury Department already has your information).
Saturday, August 31, 2019
Thursday, August 29, 2019
THE FOREIGN LANGUAGE OF SOCIAL SECURITY
The Social Security Adminstration (SSA) speaks its own language. It uses abbreviations, terms and phrases that the average person simply can't understand. They are like a "foreign language."
Here are a few Social Security terms that you may encounter if you're trying to get them to pay disability benefits. Knowing these terms can make life easier.
Alleged Onset Date (AOD) - This is the date the claimant states as the beginning of disability. It is often the day after the final day at work. It is also the date you are asking to be paid from. Back pay often dates back to the AOD, so getting this date right is critical.
Date Last Insured (DLI) - This is the date on which a claimant loses their insured status for disability benefits. It applies to filing a NEW claim. For example, if your DLI is December 31, 2019, you are no longer insured for new disability claims after that date. Yes, SSDI does expire a few years after a person stops working and paying into the Social Security Trust fund.
Established Onset Date (EOD) - This is date on which Social Security determines the claimant first became disabled and eligible for benefits. It may be different than the Alleged Onset Date (above).
Supplemental Security Income (SSI) - is a program for low income individuals who may not have worked and paid into the Social Security Disability Insurance (SSDI) program. SSI may be available for individuals who are elderly or disabled and who have restricted income and financial resources. While SSI is handled by the Social Security Adminstration (SSA), it is not the same as "Social Security disability."
Residual Functional Capacity (RFC) - is the maximum work activity that a claimant can perform, in spite of their impairments. For example, a person may be limited to sedentary work, or light work. Sedentary work only requires lifting up to 10 pounds occasionally and standing no more than about 2 hours per 8-hour shift. Light work requires the ability to lift up to 20 pounds occasionally and to stand or walk up to 6 hours per day. An RFC may also include mental limitations involving such things as memory, concentration or following instructions, etc.
Treating Source Statement (TSS) - is a detailed written statement by the claimant's doctor, estimating the claimant's functional limitations. In other words, it estimates how long the claimant can sit/stand/walk, the maximum he/she can lift, and other limitations that may effect the ability to work.
Primary Insurance Amount (PIA) is a an estimate of the monthly disability benefit an individual could receive if found disabled on a certain date. The PIA changes slightly from time to time.
Past Relevant Work (PRW) - refers to all the work that a claimant has performed within the last 15 year period, as long as that work
There are other terms that may be encountered. These are a few of the more common terms associated with Social Security disability.
Here are a few Social Security terms that you may encounter if you're trying to get them to pay disability benefits. Knowing these terms can make life easier.
Alleged Onset Date (AOD) - This is the date the claimant states as the beginning of disability. It is often the day after the final day at work. It is also the date you are asking to be paid from. Back pay often dates back to the AOD, so getting this date right is critical.
Date Last Insured (DLI) - This is the date on which a claimant loses their insured status for disability benefits. It applies to filing a NEW claim. For example, if your DLI is December 31, 2019, you are no longer insured for new disability claims after that date. Yes, SSDI does expire a few years after a person stops working and paying into the Social Security Trust fund.
Established Onset Date (EOD) - This is date on which Social Security determines the claimant first became disabled and eligible for benefits. It may be different than the Alleged Onset Date (above).
Supplemental Security Income (SSI) - is a program for low income individuals who may not have worked and paid into the Social Security Disability Insurance (SSDI) program. SSI may be available for individuals who are elderly or disabled and who have restricted income and financial resources. While SSI is handled by the Social Security Adminstration (SSA), it is not the same as "Social Security disability."
Residual Functional Capacity (RFC) - is the maximum work activity that a claimant can perform, in spite of their impairments. For example, a person may be limited to sedentary work, or light work. Sedentary work only requires lifting up to 10 pounds occasionally and standing no more than about 2 hours per 8-hour shift. Light work requires the ability to lift up to 20 pounds occasionally and to stand or walk up to 6 hours per day. An RFC may also include mental limitations involving such things as memory, concentration or following instructions, etc.
Treating Source Statement (TSS) - is a detailed written statement by the claimant's doctor, estimating the claimant's functional limitations. In other words, it estimates how long the claimant can sit/stand/walk, the maximum he/she can lift, and other limitations that may effect the ability to work.
Primary Insurance Amount (PIA) is a an estimate of the monthly disability benefit an individual could receive if found disabled on a certain date. The PIA changes slightly from time to time.
Past Relevant Work (PRW) - refers to all the work that a claimant has performed within the last 15 year period, as long as that work
- was performed at a substantial gainful level (full time)--
- was performed long enough to learn how to do the job
There are other terms that may be encountered. These are a few of the more common terms associated with Social Security disability.
NEW SSDI APPLICATIONS: WHY SO MANY FORMS?
You are filing a new disability application with Social Security and you get buried in forms. Some of them have 15 pages or more. You're thinking, Why so many forms?
Each form has a purpose. If you skip a form or go skimpy (fill it out incorrectly or incompletely), it will hurt you.
DISABILITY REPORT (ADULT) - This form provides personal information about the applicant and also lists the doctors, clinics, hospitals and other providers who have medical records that need to be ordered by Social Security. It's a must.
WORK HISTORY REPORT - This form details all of the claimant's past jobs for 15 years. Social Security must decide whether the claimant is able to return to any of these jobs. To make this decision, they must understand the kind of work, the exertion level, and skills required. So, tell them how much sitting/standing/walking, bending, lifting, etc. you did on each job. Failing to carefully complete this form is like saying, "OK, Go ahead and deny my claim today."
FUNCTION REPORT - This 14 page form is to give Social Security an idea of how active you are--what you can do and what you need help with. They will use this to see how independent you are in functioning and translate this into whether you can perform work-like activity. For example, if you can prepare meals, clean your own house, mow your grass and shop on an unlimited basis, they will probably determine that some jobs exists in the US economy that you can do--hence, a denial.
I realize that these exhausting forms are difficult for an individual who is disabled. It may be best to have a family member, a spouse or even a friend sit down with you and help with the forms. The claimant needs to provide the information; however, someone else may help clarify the meaning of questions or even discuss how to best answer the questions in a truthful and complete manner.
If The Forsythe Firm files your application, we will help prepare all of the form for you. There is never an additional or upfront cost for this service. But the worst thing you can do is skimp on the information or fail to return completed forms.
_______________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297 Free Consultations
SOCIAL SECURITY JUSTICE BEGINS HERE
Each form has a purpose. If you skip a form or go skimpy (fill it out incorrectly or incompletely), it will hurt you.
DISABILITY REPORT (ADULT) - This form provides personal information about the applicant and also lists the doctors, clinics, hospitals and other providers who have medical records that need to be ordered by Social Security. It's a must.
WORK HISTORY REPORT - This form details all of the claimant's past jobs for 15 years. Social Security must decide whether the claimant is able to return to any of these jobs. To make this decision, they must understand the kind of work, the exertion level, and skills required. So, tell them how much sitting/standing/walking, bending, lifting, etc. you did on each job. Failing to carefully complete this form is like saying, "OK, Go ahead and deny my claim today."
FUNCTION REPORT - This 14 page form is to give Social Security an idea of how active you are--what you can do and what you need help with. They will use this to see how independent you are in functioning and translate this into whether you can perform work-like activity. For example, if you can prepare meals, clean your own house, mow your grass and shop on an unlimited basis, they will probably determine that some jobs exists in the US economy that you can do--hence, a denial.
I realize that these exhausting forms are difficult for an individual who is disabled. It may be best to have a family member, a spouse or even a friend sit down with you and help with the forms. The claimant needs to provide the information; however, someone else may help clarify the meaning of questions or even discuss how to best answer the questions in a truthful and complete manner.
If The Forsythe Firm files your application, we will help prepare all of the form for you. There is never an additional or upfront cost for this service. But the worst thing you can do is skimp on the information or fail to return completed forms.
_______________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297 Free Consultations
SOCIAL SECURITY JUSTICE BEGINS HERE
WHAT IS A MEDICAL SOURCE STATEMENT?
A Medical Source Statement (MSS) is a detailed opinion from one of the claimant's treating doctors which estimates restrictions in the ability to perform work-related activities: sitting, standing, walking, lifting, stooping, reaching, etc.
This evidence is almost never obtained by Social Security during the decision-making process. It must be obtained by the claimant or their attorney. Your doctor's office will not have the form used for this evaluation.
In order for the MSS to be credible and effective, there are some criteria that should be met:
1) The statement must be from an acceptable medical source: a medical doctor (MD), a doctor of osteopath (DO), or a Physician's Assistant (PA). A Podiatrist can provide a MSS for disorders of the feet and ankles only. An optometrist may provide opinions about vision. A licensed psychologist (not counselor or social worker) may provide opinions about mental health issues. Nurse practitioners (CRNP) are not considered acceptable medical sources by Social Security.
2) The statement should come from a medical provider (above) which has treated you and knows your medical condition(s) well. The longer the doctor has treated you, the more credible his/her opinions will be. The opinion of a doctor who has only examined you once may have very little persuasion.
3) The statement must be detailed and provide specific limitation of function. It must state how you are limited in such things as sitting, standing, walking, lifting, bending, use of arms, hands, feet, etc.
(4) The opinion expressed in the MSS must be supported by objective medical evidence in the patient's file.
6) Very general statements from doctors that do not identify specific functional limitations are not useful. For example, a doctor may write: "This patient is totally disabled and in my opinion he is not able to engage in any type of substantial work."
This statement is not acceptable as evidence because it only draws a conclusion. It does not explain why the patient is unable to work. Also, the conclusion about disability is reserved strictly to the Commissioner of Social Security under law, and doctors may not make this decision about who is disabled and who is not.
7) I strongly recommend that claimants trying to obtain a Medical Source Statement from their doctor obtain a blank form from an attorney or advocate. The form will guide the doctor in providing the required information. Doctors who simply try to write letters in support of their patients rarely provide sufficient information.
My office supplies free forms that claimants may take to their doctor to complete.
_________
Gregory Forsythe
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297 "Free consultations"
Serving all of Alabama and Middle Tennesee - Locally
SOCIAL SECURITY JUSTICE BEGINS HERE
This evidence is almost never obtained by Social Security during the decision-making process. It must be obtained by the claimant or their attorney. Your doctor's office will not have the form used for this evaluation.
In order for the MSS to be credible and effective, there are some criteria that should be met:
1) The statement must be from an acceptable medical source: a medical doctor (MD), a doctor of osteopath (DO), or a Physician's Assistant (PA). A Podiatrist can provide a MSS for disorders of the feet and ankles only. An optometrist may provide opinions about vision. A licensed psychologist (not counselor or social worker) may provide opinions about mental health issues. Nurse practitioners (CRNP) are not considered acceptable medical sources by Social Security.
2) The statement should come from a medical provider (above) which has treated you and knows your medical condition(s) well. The longer the doctor has treated you, the more credible his/her opinions will be. The opinion of a doctor who has only examined you once may have very little persuasion.
3) The statement must be detailed and provide specific limitation of function. It must state how you are limited in such things as sitting, standing, walking, lifting, bending, use of arms, hands, feet, etc.
(4) The opinion expressed in the MSS must be supported by objective medical evidence in the patient's file.
6) Very general statements from doctors that do not identify specific functional limitations are not useful. For example, a doctor may write: "This patient is totally disabled and in my opinion he is not able to engage in any type of substantial work."
This statement is not acceptable as evidence because it only draws a conclusion. It does not explain why the patient is unable to work. Also, the conclusion about disability is reserved strictly to the Commissioner of Social Security under law, and doctors may not make this decision about who is disabled and who is not.
7) I strongly recommend that claimants trying to obtain a Medical Source Statement from their doctor obtain a blank form from an attorney or advocate. The form will guide the doctor in providing the required information. Doctors who simply try to write letters in support of their patients rarely provide sufficient information.
My office supplies free forms that claimants may take to their doctor to complete.
_________
Gregory Forsythe
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297 "Free consultations"
Serving all of Alabama and Middle Tennesee - Locally
SOCIAL SECURITY JUSTICE BEGINS HERE
Tuesday, August 27, 2019
WHAT IS A "STEP 5" DENIAL?
Social Security must use a sequential (in order) process to decide if a person is disabled. There are 5 steps in that process.
We have previously discussed Step 4, Can the claimant perform any of his or her past relevant work? If the answer to that question is No, then we move to the final step, which is Step 5.
STEP 5 must determine whether the claimant is able to perform any other work which exists in the US economy. The factors which can be considered in answering the question are:
This matter of "other work" at Step 5, however, is very troublesome. Think about how wide a range the term "any other work" conjures up.
Let me give an example. I have a client who is a licensed pharmacist. She spent 4 years in college and another 4 years in pharmacy school to get licensed. She cannot stand 10 to 12 hours a day, as required in the pharmacy job. Will she qualify for SSDI benefits?
Not if she can perform any other work. For example, if she can perform the work of a garment folder, a telemarketer, a customer service representative, a toll both attendant or a parking garage attendant, she is not disabled according to Social Security. You say, "Now wait a minute. Here's a person with a doctorate degree who earns $90,000 a year. It's unfair to expect her to take a job earning $7.25 an hour."
But Social Security does not consider the wage or earning potential of the "other work" at Step 5. If a younger person (under 50) can perform "any other full-time work" in the national economy, she is not disabled.
So, the Step 5 issue is what denies many, many claimants.
If you look at your denial letter, last page, last paragraph, it probably reads like this:
"We have concluded that you cannot perform the work you once did. However, you are able to sit and stand and use your arms and hands. There are other types of work in the national economy that you are able to perform. Therefore, you are not disabled according to our rules."
What is the best way to respond to a Step 5 denial? File and appeal and request a hearing before an administrative law judge (ALJ). You have 60 days to file this. You also may want to engage the service of a qualified attorney or advocate to help you with the appeal.
We have previously discussed Step 4, Can the claimant perform any of his or her past relevant work? If the answer to that question is No, then we move to the final step, which is Step 5.
STEP 5 must determine whether the claimant is able to perform any other work which exists in the US economy. The factors which can be considered in answering the question are:
- the claimant's age
- the claimant's education
- the claimant's past relevant work
- the claimant's education and training, and
- the claimant's residual functional capacity
This matter of "other work" at Step 5, however, is very troublesome. Think about how wide a range the term "any other work" conjures up.
Let me give an example. I have a client who is a licensed pharmacist. She spent 4 years in college and another 4 years in pharmacy school to get licensed. She cannot stand 10 to 12 hours a day, as required in the pharmacy job. Will she qualify for SSDI benefits?
Not if she can perform any other work. For example, if she can perform the work of a garment folder, a telemarketer, a customer service representative, a toll both attendant or a parking garage attendant, she is not disabled according to Social Security. You say, "Now wait a minute. Here's a person with a doctorate degree who earns $90,000 a year. It's unfair to expect her to take a job earning $7.25 an hour."
But Social Security does not consider the wage or earning potential of the "other work" at Step 5. If a younger person (under 50) can perform "any other full-time work" in the national economy, she is not disabled.
So, the Step 5 issue is what denies many, many claimants.
If you look at your denial letter, last page, last paragraph, it probably reads like this:
"We have concluded that you cannot perform the work you once did. However, you are able to sit and stand and use your arms and hands. There are other types of work in the national economy that you are able to perform. Therefore, you are not disabled according to our rules."
What is the best way to respond to a Step 5 denial? File and appeal and request a hearing before an administrative law judge (ALJ). You have 60 days to file this. You also may want to engage the service of a qualified attorney or advocate to help you with the appeal.
WHAT IS A "STEP 4" DENIAL?
Social Security must use a sequential process to decide whether an individual is disabled. The process has 5 steps.
STEP 4 must determine whether a claimant is able to perform any of his or her past relevant work (PRW). PRW is defined as any job performed during the past fifteen years at the level of substantial gainful activity. In short, the term excludes part-time work and some jobs that were not performed long enough to learn the work.
If Social Security finds that a claimant is able to perform some past relevant work (at least one job), the claim will be denied. This is referred to as a Step 4 denial.
Obviously, the easiest job in a person's work history is the most worrisome. The easier a claimant's past work was, the more likely he or she can still perform that job. The harder or more exertional the job was, the less likely it can still be performed.
So, when it comes to a disability claim, not only the medical history is important; the work history is also very important.
If the claimant can perform any past relevant work, Step 4 denies the claim. If no past relevant work can be performed, the claim is not approved yet. We will now go to Step 5, the final step, which will be discussed in another post.
STEP 4 must determine whether a claimant is able to perform any of his or her past relevant work (PRW). PRW is defined as any job performed during the past fifteen years at the level of substantial gainful activity. In short, the term excludes part-time work and some jobs that were not performed long enough to learn the work.
If Social Security finds that a claimant is able to perform some past relevant work (at least one job), the claim will be denied. This is referred to as a Step 4 denial.
Obviously, the easiest job in a person's work history is the most worrisome. The easier a claimant's past work was, the more likely he or she can still perform that job. The harder or more exertional the job was, the less likely it can still be performed.
So, when it comes to a disability claim, not only the medical history is important; the work history is also very important.
If the claimant can perform any past relevant work, Step 4 denies the claim. If no past relevant work can be performed, the claim is not approved yet. We will now go to Step 5, the final step, which will be discussed in another post.
WHAT IT TAKES TO GET DISABIITY BENEFITS
Social Security may provide cash benefits to covered individuals who become unable to work due to medical reasons (disability). We should emphasize that these benefits are only available to "covered individuals," not to everyone.
So, who is covered? SSDI is meant to cover workers. To become covered, an individual must work and earn sufficient work credits (pay into the system). Generally, a person is covered if he or she has worked at least 5 years out of the past 10 years. Individuals who have not worked, or who have not worked recently, may not have insured status with Social Security and thus cannot get a benefit regardless of how sick or disabled they are. Your local Social Security office can tell you quickly whether you have enough work credits to be covered for SSDI, which stands for "Social Security Disability Insurance."
Once you establish that you have enough work credits to have insured status, what does it take to get SSDI benefits?
1) You must currently be unable to work and cannot be working at substantial gainful activity (SGA). Work is considered to be substantial if you are earning wages or compensation of at least $1,220 (the 2019 allowance).
2) You must have a severe and medically determinable impairment which has (a) lasted for at least 12 straight months, (b) is expected to last for at least 12 straight months, OR (c) is expected to end in death.
3) Your medical condition must usually be so severe that you cannot perform any type of full-time work which exists in the US economy. This includes the inability to work at sedentary (sit-down), unskilled jobs, which usually pay minimum wage. If you can perform any type of full-time job, your claim will be denied.
For individuals over age 50, the rules change a little because of Medical-Vocational Guidelines or "grid rules," which make it a little easier to qualify.
The final requirement for SSDI is that the claimant must be willing to persevere--to keep at it until the claim is finally approved. This often happens only after one or more denials and appeals. Relatively few claims are approved at the application level. Those who give up after their application is denied are the losers. Individuals who appeal and keep at it with rugged determination are the ones who ultimately win.
Just because you are disabled doesn't mean that you will be approved on the first try. Most claimants get denied, file and appeal, go through a process called "Reconsideration" (more wasted time), then get a hearing with an administrative law judge. It is at the hearing that the claim may finally get paid. Unfortunately, this process can take months or even years.
Knowing how to stick with the process, in the correct order, is a key part to winning. Knowing how to submit convincing evidence and get it before the right decision maker is also key.
Attorneys and advocates exist to help claimants with this frustrating, complicated and discouraging claim process. We may be able to keep you sane while you deal with the government and try to get your benefits.
__________
.THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297 Free Consultations
So, who is covered? SSDI is meant to cover workers. To become covered, an individual must work and earn sufficient work credits (pay into the system). Generally, a person is covered if he or she has worked at least 5 years out of the past 10 years. Individuals who have not worked, or who have not worked recently, may not have insured status with Social Security and thus cannot get a benefit regardless of how sick or disabled they are. Your local Social Security office can tell you quickly whether you have enough work credits to be covered for SSDI, which stands for "Social Security Disability Insurance."
Once you establish that you have enough work credits to have insured status, what does it take to get SSDI benefits?
1) You must currently be unable to work and cannot be working at substantial gainful activity (SGA). Work is considered to be substantial if you are earning wages or compensation of at least $1,220 (the 2019 allowance).
2) You must have a severe and medically determinable impairment which has (a) lasted for at least 12 straight months, (b) is expected to last for at least 12 straight months, OR (c) is expected to end in death.
3) Your medical condition must usually be so severe that you cannot perform any type of full-time work which exists in the US economy. This includes the inability to work at sedentary (sit-down), unskilled jobs, which usually pay minimum wage. If you can perform any type of full-time job, your claim will be denied.
For individuals over age 50, the rules change a little because of Medical-Vocational Guidelines or "grid rules," which make it a little easier to qualify.
The final requirement for SSDI is that the claimant must be willing to persevere--to keep at it until the claim is finally approved. This often happens only after one or more denials and appeals. Relatively few claims are approved at the application level. Those who give up after their application is denied are the losers. Individuals who appeal and keep at it with rugged determination are the ones who ultimately win.
Just because you are disabled doesn't mean that you will be approved on the first try. Most claimants get denied, file and appeal, go through a process called "Reconsideration" (more wasted time), then get a hearing with an administrative law judge. It is at the hearing that the claim may finally get paid. Unfortunately, this process can take months or even years.
Knowing how to stick with the process, in the correct order, is a key part to winning. Knowing how to submit convincing evidence and get it before the right decision maker is also key.
Attorneys and advocates exist to help claimants with this frustrating, complicated and discouraging claim process. We may be able to keep you sane while you deal with the government and try to get your benefits.
__________
.THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297 Free Consultations
Monday, August 26, 2019
CONCENTRATION, PERSISTENCE AND PACE (CPP) ISSUES
An individual may be legally disabled without being confined to a bed or a wheelchair. In fact, he or she may be able to do many of the normal activities of daily living. However, meeting the demands of a full-time job is different.
Social Security defines work as the ability to work 8 hours per day, 5 days per week on a 'regular and continuing basis.'
Even if an individual can work sometimes, but not 8 hours a day, he or she may be legally disabled.
We have to look at the ability to sustain concentration, persistence and pace.
Concentration is the ability to stay focused on the job at hand without being distracted by such issues as pain, discomfort, anxiety, depression or mental issues. Most jobs require the ability to remain focused and to perform tasks for at least 2 hour periods without a break.
Persistence is the ability to stay with the job and complete an 8 hour day and a 5-day workweek consistently. Thus, if an individual is able to work 6 hours a day but not 8, that is a disability. If a person can work 3 or 4 days a week but not 5, it is a disability. Some persons may be able to work a full 5 days this week but will be off next week due to a flair up in symptoms.
Pace refers to the ability to consistently keep up with the demands of work--to turn out the required amount of work in the time allowed. An individual who works much slower than required, or who needs more breaks, may have disabling issues of pace.
Most experts agree that in order to work a full time job on a "regular and continuous basis" an individual must not be absent more than 1 day per month on average and cannot be off task for more than 10 percent of the time.
This is one reason it is so difficult to look at a neighbor or friend and determine whether he or she is disabled. You might see a neighbor clipping the hedges or raking leaves and think, "That person is not disabled." Of course, they are not disabled to the point of not doing any activity. But you cannot see how often they need to take breaks, lie down and rest or how many days per month they don't feel like doing any chores around their house.
If this individual were working a full-time job, it would be impossible to stop and rest whenever he/she needed, or to take off a day or two whenever needed.
So, when determining whether someone is disabled under Social Security rules--the standard is: Can he or she work 8 hours every day, 5 days every week, without being off task very much or missing excessive days of work--or requiring extra breaks?
You should not be led to believe that getting disability benefits is easy. It isn't. Allegations of limited concentration, persistence and pace must be proven by objective medical evidence. It isn't enough just to say that these limitations exist. You have to prove it.
Getting a disability claim approved is quite complicated. Issues involving concentration, persistence and pace are just part of the picture that must be presented. It's kind of like putting a jig saw puzzle together. You don't want any missing pieces. The case is put together carefully, one piece at a time.
_________
THE FORSYTHE FIRM
7027 Old Madison Pike
Huntsville, AL 35806
CALL US: (256) 799-0297
'SOCIAL SECURITY JUSTICE'
Social Security defines work as the ability to work 8 hours per day, 5 days per week on a 'regular and continuing basis.'
Even if an individual can work sometimes, but not 8 hours a day, he or she may be legally disabled.
We have to look at the ability to sustain concentration, persistence and pace.
Concentration is the ability to stay focused on the job at hand without being distracted by such issues as pain, discomfort, anxiety, depression or mental issues. Most jobs require the ability to remain focused and to perform tasks for at least 2 hour periods without a break.
Persistence is the ability to stay with the job and complete an 8 hour day and a 5-day workweek consistently. Thus, if an individual is able to work 6 hours a day but not 8, that is a disability. If a person can work 3 or 4 days a week but not 5, it is a disability. Some persons may be able to work a full 5 days this week but will be off next week due to a flair up in symptoms.
Pace refers to the ability to consistently keep up with the demands of work--to turn out the required amount of work in the time allowed. An individual who works much slower than required, or who needs more breaks, may have disabling issues of pace.
Most experts agree that in order to work a full time job on a "regular and continuous basis" an individual must not be absent more than 1 day per month on average and cannot be off task for more than 10 percent of the time.
This is one reason it is so difficult to look at a neighbor or friend and determine whether he or she is disabled. You might see a neighbor clipping the hedges or raking leaves and think, "That person is not disabled." Of course, they are not disabled to the point of not doing any activity. But you cannot see how often they need to take breaks, lie down and rest or how many days per month they don't feel like doing any chores around their house.
If this individual were working a full-time job, it would be impossible to stop and rest whenever he/she needed, or to take off a day or two whenever needed.
So, when determining whether someone is disabled under Social Security rules--the standard is: Can he or she work 8 hours every day, 5 days every week, without being off task very much or missing excessive days of work--or requiring extra breaks?
You should not be led to believe that getting disability benefits is easy. It isn't. Allegations of limited concentration, persistence and pace must be proven by objective medical evidence. It isn't enough just to say that these limitations exist. You have to prove it.
Getting a disability claim approved is quite complicated. Issues involving concentration, persistence and pace are just part of the picture that must be presented. It's kind of like putting a jig saw puzzle together. You don't want any missing pieces. The case is put together carefully, one piece at a time.
_________
THE FORSYTHE FIRM
7027 Old Madison Pike
Huntsville, AL 35806
CALL US: (256) 799-0297
'SOCIAL SECURITY JUSTICE'
DISABIILTY APPEALS - HOW TO APPEAL A BAD DECISION
Social Security makes unfavorable decisions on good claims all the time. Fortunately, there is a process to get bad decisions reviewed and corrected.
If your initial application is denied, you may ask for "Reconsideration." In this process, the Disability Determination Service (DDS) will again look at your application to determine if their decision was correct. In 98 percent of cases, your claim will be denied again, but you have spent another 4 to 6 months waiting for "Reconsideration."
If Reconsideration fails to give you a good decision, you may appeal again and ask for a Hearing before an administrative law judge (ALJ). It will take up to 12 months to get the hearing; however, your odds of approval are pretty good at this stage. On average, about 45 percent of cases to go to hearings will be paid. Your attorney may have an even higher ratio of wins. Without doubt, the hearing is the best chance of winning your claim.
If you don't get a favorable outcome at the hearing, you may file an appeal with the Appeals Council, a group of appeal judges headquartered in Falls Church, VA. You will not appear at any hearing at this stage. The judges will review the administrative law judge's actions to determine whether any legal errors were made at your hearing.
If the Appeals Council fails to provide relief, usually in the form of a new hearing, you may file a lawsuit in Federal District Court against the Commissioner of Social Security.
These appeal steps must be taken in order.
I want to emphasize again, that the very best chance of approval comes at the hearing before an Administrative Law Judge (ALJ). Of all the claims that get approved, most favorable decisions come from the ALJ.
_______
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
If your initial application is denied, you may ask for "Reconsideration." In this process, the Disability Determination Service (DDS) will again look at your application to determine if their decision was correct. In 98 percent of cases, your claim will be denied again, but you have spent another 4 to 6 months waiting for "Reconsideration."
If Reconsideration fails to give you a good decision, you may appeal again and ask for a Hearing before an administrative law judge (ALJ). It will take up to 12 months to get the hearing; however, your odds of approval are pretty good at this stage. On average, about 45 percent of cases to go to hearings will be paid. Your attorney may have an even higher ratio of wins. Without doubt, the hearing is the best chance of winning your claim.
If you don't get a favorable outcome at the hearing, you may file an appeal with the Appeals Council, a group of appeal judges headquartered in Falls Church, VA. You will not appear at any hearing at this stage. The judges will review the administrative law judge's actions to determine whether any legal errors were made at your hearing.
If the Appeals Council fails to provide relief, usually in the form of a new hearing, you may file a lawsuit in Federal District Court against the Commissioner of Social Security.
These appeal steps must be taken in order.
I want to emphasize again, that the very best chance of approval comes at the hearing before an Administrative Law Judge (ALJ). Of all the claims that get approved, most favorable decisions come from the ALJ.
_______
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
Sunday, August 25, 2019
GETTING DISABILITY BENEFITS WITHOUT MEDICAL EVIDENCE
Getting disability benefits without medical evidence is impossible.
20 CFR 404.1520(4)(iii) states that a disability must be based on "medically determinable" impairment which has lasted or is expected to last for at least 12 consecutive months, or to end in death.
Whether or not there is a medically determinable impairment occurs at Step 2 of the five-step sequential process. Decision makers will look for laboratory tests, examinations, X-rays or other imaging studies, to explain the cause of pain or loss of normal body function.
This is why medical records are so important in a Social Security disability case. Even if a judge believes that you have severe pain and you are not able to work, the law doesn't permit a finding of disability without objective medical proof.
Many individuals don't have medical insurance and can't afford to get medical treatment. However, they must find options before they apply for disability benefits.
One option might be treatment from a community free clinic. Most towns and communities have one or more clinics that treat individuals who don't have insurance coverage and can't afford to pay. My office keeps an updated list of these clinics in north Alabama and provide it free to anyone who requests it.
Another option might be your local county health department, sometimes called the "public health unit." Most county health departments have a doctor or nurse practitioner on staff who can provide basic medical care and prescriptions.
Sometimes, a social worker at a hospital may be able to refer patients to doctors or clinics that will provide free or reduced cost healthcare.
If the impairment is mental (psychological) in nature, consider contacting one of the mental health centers in your area. These centers are partially tax funded and may offer treatment at greatly reduced cost.
Some persons choose to file a claim without any (or much) medical evidence, hoping that Social Security will provide a free examination to prove their disability. This usually doesn't work out well. A free consultative examination (CE) may indeed be provided; however, it will usually not be sufficient to get disability benefits approved.
Social Security really doesn't give consultative exams so they can approve claims. They give CEs so they can close claims. This typically results in the denial of the claim. The case worker gets the claim off his or her desk and closes the file but the claimant gets nothing.
The best option for the claimant is to get medical treatment before filing a disability claim. Again, try a free or reduced cost clinic--or the county health department.
_____
THE FORSYTHE FIRM
HUNTSVILLE, AL
(256) 799-0297
20 CFR 404.1520(4)(iii) states that a disability must be based on "medically determinable" impairment which has lasted or is expected to last for at least 12 consecutive months, or to end in death.
Whether or not there is a medically determinable impairment occurs at Step 2 of the five-step sequential process. Decision makers will look for laboratory tests, examinations, X-rays or other imaging studies, to explain the cause of pain or loss of normal body function.
This is why medical records are so important in a Social Security disability case. Even if a judge believes that you have severe pain and you are not able to work, the law doesn't permit a finding of disability without objective medical proof.
Many individuals don't have medical insurance and can't afford to get medical treatment. However, they must find options before they apply for disability benefits.
One option might be treatment from a community free clinic. Most towns and communities have one or more clinics that treat individuals who don't have insurance coverage and can't afford to pay. My office keeps an updated list of these clinics in north Alabama and provide it free to anyone who requests it.
Another option might be your local county health department, sometimes called the "public health unit." Most county health departments have a doctor or nurse practitioner on staff who can provide basic medical care and prescriptions.
Sometimes, a social worker at a hospital may be able to refer patients to doctors or clinics that will provide free or reduced cost healthcare.
If the impairment is mental (psychological) in nature, consider contacting one of the mental health centers in your area. These centers are partially tax funded and may offer treatment at greatly reduced cost.
Some persons choose to file a claim without any (or much) medical evidence, hoping that Social Security will provide a free examination to prove their disability. This usually doesn't work out well. A free consultative examination (CE) may indeed be provided; however, it will usually not be sufficient to get disability benefits approved.
Social Security really doesn't give consultative exams so they can approve claims. They give CEs so they can close claims. This typically results in the denial of the claim. The case worker gets the claim off his or her desk and closes the file but the claimant gets nothing.
The best option for the claimant is to get medical treatment before filing a disability claim. Again, try a free or reduced cost clinic--or the county health department.
_____
THE FORSYTHE FIRM
HUNTSVILLE, AL
(256) 799-0297
MEDICAL EXPERTS (DOCTORS) AT DISABILITY HEARINGS
It is becoming increasingly common for Social Security to bring a "medical expert" to a disability hearing. There are a lot of doctors who make themselves available to testify for Social Security for a fee. These are often doctors who have retired from medical practice and work part-time as "experts" for Social Security.
Why should a claimant cringe when walking into a disability hearing and finding that a doctor is sitting there waiting to testify? For several reasons.
One, this persons is a Doctor. There is an MD after his or her name. This gives the individual a certain amount of automatic credibility that nobody else in the room has. We've all been conditioned to believe that a doctor has superior knowledge, based on his or her education, training and experience. You just don't argue with doctors.
Two, you have no idea what the doctor will say. But whatever he says, the judge is going to give his testimony a lot of weight. I've had some hearings where the doctor actually helped me win the case, usually by stating that my client meets a Social Security "Listing," which is an automatic win. On the other hand, I've had doctors give testimony that absolutely destroyed the claimant's case, usually by stating that the claimant has a "residual functional capacity" which allows full-time work at the light or sedentary level. You just never know what the doc will say.
One thing is clear, the claimant is not going to be prepared to question the doctor or to cross examine him/her effectively. A claimant isn't trained to go against an MD who can be very stubborn and resilient about the opinion he has just offered.
Only an attorney or advocate who is trained to cross examine medical experts can be effective. Your attorney isn't the least bit intimidated by the doctor or the letters after his name. The attorney will ask tough questions that the doctor may not be able to answer. Often, a good attorney/advocate can leave damaging testimony by a doctor in ashes.
Some questions for an adversarial doctor should be.....
"Doctor, how many times have you examined the claimant?" (The answer, None).
"Doctor, how many times have you met the claimant before today?" (Answer: I've never laid eyes on him before).
"Doctor, can you tell us how you are able to establish a residual functional capacity accurately, since you have never seen or examined the client?"
This is just the introduction to an effective cross-examination of the medical expert.
If you walk into this hearing alone (unrepresented), you will be eaten alive by experts. You won't understand most of what they say and you will have no chance of refuting the foolishness they will put forth.
But, aren't experts supposed to be neutral and objective? Technically, they are supposed to be. But often I have difficulty believing that they are. If the judge wants to deny a claim, the doctor and other experts will know it and will usually provide testimony to let the judge have his or her way. "What the judge wants, the judge gets."
Defend yourself. Take your own legal expert with you.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike NW, Ste. 108
Huntsville, AL 35806
CALL US: (256) 799-0297
GET THE HELP YOU NEED
Why should a claimant cringe when walking into a disability hearing and finding that a doctor is sitting there waiting to testify? For several reasons.
One, this persons is a Doctor. There is an MD after his or her name. This gives the individual a certain amount of automatic credibility that nobody else in the room has. We've all been conditioned to believe that a doctor has superior knowledge, based on his or her education, training and experience. You just don't argue with doctors.
Two, you have no idea what the doctor will say. But whatever he says, the judge is going to give his testimony a lot of weight. I've had some hearings where the doctor actually helped me win the case, usually by stating that my client meets a Social Security "Listing," which is an automatic win. On the other hand, I've had doctors give testimony that absolutely destroyed the claimant's case, usually by stating that the claimant has a "residual functional capacity" which allows full-time work at the light or sedentary level. You just never know what the doc will say.
One thing is clear, the claimant is not going to be prepared to question the doctor or to cross examine him/her effectively. A claimant isn't trained to go against an MD who can be very stubborn and resilient about the opinion he has just offered.
Only an attorney or advocate who is trained to cross examine medical experts can be effective. Your attorney isn't the least bit intimidated by the doctor or the letters after his name. The attorney will ask tough questions that the doctor may not be able to answer. Often, a good attorney/advocate can leave damaging testimony by a doctor in ashes.
Some questions for an adversarial doctor should be.....
"Doctor, how many times have you examined the claimant?" (The answer, None).
"Doctor, how many times have you met the claimant before today?" (Answer: I've never laid eyes on him before).
"Doctor, can you tell us how you are able to establish a residual functional capacity accurately, since you have never seen or examined the client?"
This is just the introduction to an effective cross-examination of the medical expert.
If you walk into this hearing alone (unrepresented), you will be eaten alive by experts. You won't understand most of what they say and you will have no chance of refuting the foolishness they will put forth.
But, aren't experts supposed to be neutral and objective? Technically, they are supposed to be. But often I have difficulty believing that they are. If the judge wants to deny a claim, the doctor and other experts will know it and will usually provide testimony to let the judge have his or her way. "What the judge wants, the judge gets."
Defend yourself. Take your own legal expert with you.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike NW, Ste. 108
Huntsville, AL 35806
CALL US: (256) 799-0297
GET THE HELP YOU NEED
Saturday, August 24, 2019
WANT SOCIAL SECURITY DISABIITY? WHY REPRESENTATION IS IMPORTANT
SOCIAL SECURITY WEBSITE "GET SOME HELP"If you have a legitimate disability you may feel that you don't need a lawyer to help you. The US Government will do the right thing and pay you. After wasting about two years of your time and fighting the most frustrating battle of your life, you find that they will not pay you. Your claim is denied over and over because "You are not disabled according to our rules."
While this battle is playing out, some clients lose their homes, their cars, their independence--and some even die.
HERE IS WHY UNREPRESENTED CLAIMANTS HAVE A HARD TIME WITH SOCIAL SECURITY:
1. You don't know the laws, rules and regulations of the Social Security Administration. You have to prove your disability based on their criteria. And the criteria are very strict and demanding.
2. The system is not set up to approve claims. The application process is set up to deny claims. This is proven by the fact that about 75 percent of all applications are denied, not approved.
3. An appeal is usually necessary to get benefits approved. This involves appearing before a judge and offering evidence acceptable to the government to prove that you meet their rules and regulations. There is a mandatory 5-step process that will be followed and you can lose at any step along the way. Most claimants don't even know what the 5 steps are, much less how to prevail at each step. Your lawyer or advocate knows.
4. Social Security won't take unrepresented claimants seriously, especially at the appeal level. I hear comments like this every day at the hearing offices: "The next claimant is unrepped and he may not even show up." Social Security personnel may assume that if a claimant doesn't have a lawyer that (a) the case was so weak that no lawyer would take it, or (b) the claimant may not bother to show up for their hearing, or (c) the case will need to be postponed until a lawyer can be obtained.
5. At your appeal hearing, the claimant will be the only person in the room who is not an expert on Social Security disability. The judge will be an expert. The vocational witness will be an expert. If a medical expert is present, he or she will be an expert. Throw the poor claimant against these experts unrepresented and there is very little chance of success. (A lamb in the midst of wolves)!
6. It isn't enough just to convince Social Security that you are disabled. You have to meet all of their rules.
a) You must have insured status to be covered under the program.
b) You must not be working at substantial gainful activity.
c) Your "residual functional capacity" must be defined.
d) You must be medically unable to perform any past relevant work.
e) You must be medically unable to perform any other work which exists in the US economy, in most cases.
f) You need to establish whether or not you meet a Social Security listing.
g) You need to know if you can qualify under a Medical-Vocational Guideline or "grid rule."
h) You must present acceptable objective evidence of your disability from a source that Social Security approves.
I) You must prove that you became disabled on or before your "alleged onset date."
j) You may have to object to Social Security changing your onset date to decrease your back pay.
k) If the vocational witness testifies that there are jobs in the US economy that you can still perform (and she will), you must be prepared to refute this testimony or lose your case.
Even if a claimant reports for a hearing unrepresented, the presiding judge will advise the claimant that he or she needs professional representation. The case will usually be postponed until representation can be obtained, resulting in another delay of 3 or 4 additional months before the hearing can take place.
One judge recently told an unrepresented claimant: "You need to find an attorney who speaks my language."
The bottom line is that you could lose your case with or without an attorney. However, having adequate legal representation greatly increases your odds of winning. And if you don't win, your attorney/advocate cannot charge you a cent.
__________
THE FORSYTHE FIRM
HUNTSVILLE, AL 35806
CALL US: (256) 799-0297
While this battle is playing out, some clients lose their homes, their cars, their independence--and some even die.
HERE IS WHY UNREPRESENTED CLAIMANTS HAVE A HARD TIME WITH SOCIAL SECURITY:
1. You don't know the laws, rules and regulations of the Social Security Administration. You have to prove your disability based on their criteria. And the criteria are very strict and demanding.
2. The system is not set up to approve claims. The application process is set up to deny claims. This is proven by the fact that about 75 percent of all applications are denied, not approved.
3. An appeal is usually necessary to get benefits approved. This involves appearing before a judge and offering evidence acceptable to the government to prove that you meet their rules and regulations. There is a mandatory 5-step process that will be followed and you can lose at any step along the way. Most claimants don't even know what the 5 steps are, much less how to prevail at each step. Your lawyer or advocate knows.
4. Social Security won't take unrepresented claimants seriously, especially at the appeal level. I hear comments like this every day at the hearing offices: "The next claimant is unrepped and he may not even show up." Social Security personnel may assume that if a claimant doesn't have a lawyer that (a) the case was so weak that no lawyer would take it, or (b) the claimant may not bother to show up for their hearing, or (c) the case will need to be postponed until a lawyer can be obtained.
5. At your appeal hearing, the claimant will be the only person in the room who is not an expert on Social Security disability. The judge will be an expert. The vocational witness will be an expert. If a medical expert is present, he or she will be an expert. Throw the poor claimant against these experts unrepresented and there is very little chance of success. (A lamb in the midst of wolves)!
6. It isn't enough just to convince Social Security that you are disabled. You have to meet all of their rules.
a) You must have insured status to be covered under the program.
b) You must not be working at substantial gainful activity.
c) Your "residual functional capacity" must be defined.
d) You must be medically unable to perform any past relevant work.
e) You must be medically unable to perform any other work which exists in the US economy, in most cases.
f) You need to establish whether or not you meet a Social Security listing.
g) You need to know if you can qualify under a Medical-Vocational Guideline or "grid rule."
h) You must present acceptable objective evidence of your disability from a source that Social Security approves.
I) You must prove that you became disabled on or before your "alleged onset date."
j) You may have to object to Social Security changing your onset date to decrease your back pay.
k) If the vocational witness testifies that there are jobs in the US economy that you can still perform (and she will), you must be prepared to refute this testimony or lose your case.
Even if a claimant reports for a hearing unrepresented, the presiding judge will advise the claimant that he or she needs professional representation. The case will usually be postponed until representation can be obtained, resulting in another delay of 3 or 4 additional months before the hearing can take place.
One judge recently told an unrepresented claimant: "You need to find an attorney who speaks my language."
The bottom line is that you could lose your case with or without an attorney. However, having adequate legal representation greatly increases your odds of winning. And if you don't win, your attorney/advocate cannot charge you a cent.
__________
THE FORSYTHE FIRM
HUNTSVILLE, AL 35806
CALL US: (256) 799-0297
SCAM CALLS FROM (310) 620-7832 "US TREASURY" IMPOSTORS
Be aware of scam and identity theft calls originating from this phone number: (310) 620-7832. On my caller ID, the call showed up as coming from California, although I suspect the real caller was outside the United States.
The initial call is usually a robo call (one dialed by a computer with a recorded message).
The call will saying something like: "This is the US Treasury Department. You are being notified of an investigation of illegal activity. You are instructed to call us right away. Failure to call us will be considered a second attempt to evade our enforcement actions and may result in severe penalty (or fines, or arrest, etc.)."
The US Treasury Department and the IRS never make this type of phone call. It is ALWAYS a scam. Do not return the call. Do not provide the caller with any identifying information such as your name, address, Social Security Number, etc. If you do, you will become a victim of identity theft.
If you return the call (please do not), a call center operator will ask for identifying information and will then ask you to wire money, a gift card or other means of "payment" which a real government agency would not accept. Once you send this money, you can never get it back because it probably winds up in an overseas bank account in some place like Pakistan, Bangladesh or another foreign country.
The scam is very widespread. It is estimated that as many as 100,000 of these fraudulent calls are made each day in the United States. They have many other telephone numbers that they use, not just the (310) 620-7832.
Also, there are many variations of this scam. Callers may pretend to be from the IRS, the Treasury Department or some other branch of government. They use scare tactics to try to get you to send them money or provide them with bank accounts or other private information. Do not return their calls; do not speak to these impostors. They are always fake and always dangerous. Just hang up!
The real Treasury Dept. and the real IRS do not make these type of calls. They primarily make initial contact by US Mail, not over the phone. They will not call you and threaten to arrest you or charge you fines. Threats are always a sure sign of a scam call.
I want persons reading my website to be aware of this dangerous scam and not be deceived by it. These calls are very common. Some people get 2 or 3 calls in the same day. And some of the callers sound very real. However, many of them have heavy foreign accents and trouble with the English language, which is a sure tip-off. For example, the woman who called me pronounced the word Florida, as Flo-RID-ia. Don't speak to these people. If you do, you will be sorry.
Thursday, August 22, 2019
TOP 5 REASONS SOCIAL SECURITY DENIES DISABILITY CLAIMS
The chance that your disability application will be approved at the initial level (without appeal) is low. Here are the Top 5 reasons why Social Security denies disability claims:
1. Lack of Hard Medical Evidence. The law requires that you prove that you are unable to work. This requires medical records to document the severity of your impairment and how it affects your activity level. What Social Security prefers to see is X-Ray, MRI, CT scans or laboratory tests proving your medical condition. If the medical records are skimpy or unpersuasive, a denial will always result. Be sure you advise Social Security of all the doctors, hospitals, clinics, psychologists, counselors or other medical providers who have treated you. They only order records from providers that you tell them about.
2. Working After the Alleged Onset Date. If you work after the date you claim to have become disabled, it often triggers a denial. For example, you claim that you became disabled in April but worked through October, it tells Social Security that you were not unable to work back in April. (It doesn't help to argue "I worked but I wasn't able to work").
3. Failure to Comply with Medical Advice. If your doctor has prescribed medication, physical therapy, counseling or other treatment that you have not done, it may hurt your case. Social Security wants to see claimants doing everything possible to improve their conditions.
4. Missing Deadlines. Your claim may be denied if you fail to file applications, return forms or complete questionnaires on time. While Social Security is very slow and doesn't ever get in a hurry about paying benefits, they still expect the claimant to do everything in a timely manner.
5. Being Uncooperative. For example, if Social Security schedules an appointment with a doctor and asks you to take an examination, you should keep the appointment and be on time. If you fail to show up for the appointment (or show up late) Social Security will consider this "uncooperative" and may deny the claim.
In spite of your doing everything right, Social Security will still deny about 75 percent of all claims. When this happens, you must file an appeal of their decision within 60 days. After 60 days, you lose the right to appeal. Many claims that are denied can be won with an appeal. You may want to get an attorney/advocate to help you with the appeal.
___________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
1. Lack of Hard Medical Evidence. The law requires that you prove that you are unable to work. This requires medical records to document the severity of your impairment and how it affects your activity level. What Social Security prefers to see is X-Ray, MRI, CT scans or laboratory tests proving your medical condition. If the medical records are skimpy or unpersuasive, a denial will always result. Be sure you advise Social Security of all the doctors, hospitals, clinics, psychologists, counselors or other medical providers who have treated you. They only order records from providers that you tell them about.
2. Working After the Alleged Onset Date. If you work after the date you claim to have become disabled, it often triggers a denial. For example, you claim that you became disabled in April but worked through October, it tells Social Security that you were not unable to work back in April. (It doesn't help to argue "I worked but I wasn't able to work").
3. Failure to Comply with Medical Advice. If your doctor has prescribed medication, physical therapy, counseling or other treatment that you have not done, it may hurt your case. Social Security wants to see claimants doing everything possible to improve their conditions.
4. Missing Deadlines. Your claim may be denied if you fail to file applications, return forms or complete questionnaires on time. While Social Security is very slow and doesn't ever get in a hurry about paying benefits, they still expect the claimant to do everything in a timely manner.
5. Being Uncooperative. For example, if Social Security schedules an appointment with a doctor and asks you to take an examination, you should keep the appointment and be on time. If you fail to show up for the appointment (or show up late) Social Security will consider this "uncooperative" and may deny the claim.
In spite of your doing everything right, Social Security will still deny about 75 percent of all claims. When this happens, you must file an appeal of their decision within 60 days. After 60 days, you lose the right to appeal. Many claims that are denied can be won with an appeal. You may want to get an attorney/advocate to help you with the appeal.
___________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
Sunday, August 18, 2019
OUR PLAN FOR WINNING YOUR SOCIAL SECURITY DISABILITY CASE
Success with a Social Security disability claim or appeal these days requires a plan. A good plan.
How do I plan to win your disability claim?
First, I'll explore whether you can meet a published Listing. Most claimants can't but it's worth checking.
Next, I will determine if you can meet a Medical-Vocational Guideline, often called "grid rules." If you are 50 or over, these rules may help you win your case.
Then, I will look at your medical records to determine what functional limitations you have that will prevent you from working any of your "past relevant" jobs. If Social Security finds that you can work any full-time past job that you've held within the past fifteen years, they will deny your claim.
Depending on your age, education and other factors, I will look for ways to demonstrate that you cannot perform any full-time job that exists in the US economy. Both physical and mental limitations must be considered.
Also, I place great value on treating source statements (TSS) from your doctor(s). I will ask one or more of your doctors to complete a form which outlines your "residual functional capacity," i.e., the most you are able to do in terms of work-related activities.
Sometimes, I can get statements from other people, such as your former employer, which may help win your case.
After looking at all the factors and all of the medical evidence, I will prepare you for a face-to-face meeting with an administrative law judge. This is where most claims finally get paid. Each judge is different and handles the hearing somewhat differently. My goal is to make it as easy as possible for the judge to approve the claim. I try to give him or her the right information in a clear, concise format.
We would be very happy to have a look at your disability case to see if we can help you win it. There is no charge for the consultation. If we represent you, you never pay us any money. A fee becomes due only if you win and receive back pay from the Government. In that case, the Social Security Administration will withhold our approved fee and pay us directly. Please call us with any questions.
When you call, you will speak to one of our firm's partners and disability specialists, not with a paralegal or assistant. By the way, the only work we do is with Social Security cases. Nothing else.
____________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
CALL US: (256) 799-0297
WEBSITE: SOCIAL SECURITY JUSTICE
How do I plan to win your disability claim?
First, I'll explore whether you can meet a published Listing. Most claimants can't but it's worth checking.
Next, I will determine if you can meet a Medical-Vocational Guideline, often called "grid rules." If you are 50 or over, these rules may help you win your case.
Then, I will look at your medical records to determine what functional limitations you have that will prevent you from working any of your "past relevant" jobs. If Social Security finds that you can work any full-time past job that you've held within the past fifteen years, they will deny your claim.
Depending on your age, education and other factors, I will look for ways to demonstrate that you cannot perform any full-time job that exists in the US economy. Both physical and mental limitations must be considered.
Also, I place great value on treating source statements (TSS) from your doctor(s). I will ask one or more of your doctors to complete a form which outlines your "residual functional capacity," i.e., the most you are able to do in terms of work-related activities.
Sometimes, I can get statements from other people, such as your former employer, which may help win your case.
After looking at all the factors and all of the medical evidence, I will prepare you for a face-to-face meeting with an administrative law judge. This is where most claims finally get paid. Each judge is different and handles the hearing somewhat differently. My goal is to make it as easy as possible for the judge to approve the claim. I try to give him or her the right information in a clear, concise format.
We would be very happy to have a look at your disability case to see if we can help you win it. There is no charge for the consultation. If we represent you, you never pay us any money. A fee becomes due only if you win and receive back pay from the Government. In that case, the Social Security Administration will withhold our approved fee and pay us directly. Please call us with any questions.
When you call, you will speak to one of our firm's partners and disability specialists, not with a paralegal or assistant. By the way, the only work we do is with Social Security cases. Nothing else.
____________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
CALL US: (256) 799-0297
WEBSITE: SOCIAL SECURITY JUSTICE
WHAT AN ATTORNEY NEEDS TO EVALUATE YOUR DISABILITY CLAIM
You have called an attorney and made an appointment to get your disability case evaluated. You want to know if you can meet the requirements to get a Social Security disability benefit.
https://forsythefirm.wixsite.com/website
There is a lot of information the attorney will need to figure this out. What information should you take to your appointment? (Some of this information is only required if your attorney decides to file a claim for you). I have marked this information with an *.
1. Personal Information: Your age and DOB. Your name as it appears on your Social Security card. Social Security number. Address. Marriage status, including date and place of marriage. You should also provide your spouse's Social Security number and date of birth.
*2. Information About Previous Marriages. If you have a previous marriage that lasted 10 years or more, you should provide: former spouse's name, date of birth and Social Security number (if available). Date and place of marriage. Date/place of divorce.
*3. Information About Dependents: If you have children, including stepchildren or adopted children under the age of 19 and still attending school (not college), you should provide their names and Social Security numbers, because they may also qualify for benefits.
4. Employment Information for 15 years: Names, addresses and phone numbers of each full-time job you held for the past 15 years. Job title for each job.
5. Medical Information: A list of each severe impairment you have (Examples: migraine, chronic back pain, depression, etc.).
Provide a list of all doctors, hospitals, clinics, psychologists and other medical providers who have treated you for the last 2 years. Take a list of all prescription medications you currently take and the name of the prescribing doctor.
Disability claims are terribly complicated and the more information you provide your attorney/advocate the more accurate his or her analysis of your claim will be.
Keep in mind that ultimately, no one can absolutely guarantee what the results of a claim will be. Advocates cannot predict the future with absolute results. But, a professional who has handled hundreds or thousands of claims can give you a pretty good idea about your odds.
_________________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US: (256) 799-0297 Free Consultatations
SOCIAL SECURITY JUSTICE (WEBSITE)
https://forsythefirm.wixsite.com/website
There is a lot of information the attorney will need to figure this out. What information should you take to your appointment? (Some of this information is only required if your attorney decides to file a claim for you). I have marked this information with an *.
1. Personal Information: Your age and DOB. Your name as it appears on your Social Security card. Social Security number. Address. Marriage status, including date and place of marriage. You should also provide your spouse's Social Security number and date of birth.
*2. Information About Previous Marriages. If you have a previous marriage that lasted 10 years or more, you should provide: former spouse's name, date of birth and Social Security number (if available). Date and place of marriage. Date/place of divorce.
*3. Information About Dependents: If you have children, including stepchildren or adopted children under the age of 19 and still attending school (not college), you should provide their names and Social Security numbers, because they may also qualify for benefits.
4. Employment Information for 15 years: Names, addresses and phone numbers of each full-time job you held for the past 15 years. Job title for each job.
5. Medical Information: A list of each severe impairment you have (Examples: migraine, chronic back pain, depression, etc.).
Provide a list of all doctors, hospitals, clinics, psychologists and other medical providers who have treated you for the last 2 years. Take a list of all prescription medications you currently take and the name of the prescribing doctor.
Disability claims are terribly complicated and the more information you provide your attorney/advocate the more accurate his or her analysis of your claim will be.
Keep in mind that ultimately, no one can absolutely guarantee what the results of a claim will be. Advocates cannot predict the future with absolute results. But, a professional who has handled hundreds or thousands of claims can give you a pretty good idea about your odds.
_________________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US: (256) 799-0297 Free Consultatations
SOCIAL SECURITY JUSTICE (WEBSITE)
CLARIFYING THE 12 MONTH DURATION RULE FOR SSDI AND SSI
You can only file a disability claim with Social Security for a condition lasting a minimum of 12 straight months. This is because Social Security does not pay for short term disabilities. Here is the requirement in the law. Your condition must.....
1. Have lasted or is expected to last for 12 straight months.
2. Or, if the condition will not last for at least 12 straight months, it must be expected to end in death (be a terminal condition). For example, a claimant has advanced cancer which will not last for 12 months because death is expected sooner than 12 months.
NOTE: YOU DO NOT HAVE TO BE OFF WORK 12 MONTHS TO FILE A CLAIM. YOU MUST HAVE A MEDICAL CONDITION EXPECTED TO LAST FOR 12 STRAIGHT MONTHS. YOU MAY FILE A CLAIM AS SOON AS YOU FEEL YOU ARE DISABLED AND WILL BE OFF WORK FOR AT LEAST 12 MONTHS.
Some examples of situations that will NOT meet the 12 month duration requirement:
A. You have gallbladder surgery and it puts you out of work for 2 months. You recover, but get an unrelated bleeding ulcer that keeps you out of work for 3 months. That's a total of 5 months. Then, you need your shoulder operated on, which keeps you off work for 7 more months. That's a total of 12 months. Does this meet the duration requirement? No. You did not have one single impairment that lasted for a straight 12 months and you cannot combine different impairments to reach the 12 month requirement.
B. You are in an accident that requires surgery. Your doctor puts you in physical therapy for 4 months after the surgery, then releases you. Can you file an SSDI or SSI claim? No. Here again, your condition did not last for 12 straight months, therefore, no benefit is payable under Social Security rules.
C. You had brain surgery to remove a benign (non-cancerous) tumor. This happened in January. The doctor's records indicate that you had severe impairments for a few months after surgery. However, you stopped seeing the doctor in August , so there are medical records for only 8 months. Can you meet the 12 month duration requirement? Maybe, maybe not. To do so, you would have to get back to the doctor for examination to prove that your severe symptoms have continued after August and will be expected to last for a minimum of 12 months. Social Security, however, will not pay a claim based on 8 months of medical records.
D. You had surgery on your back and were off work for 4 months. You go back to work after 4 months and work for 8 months. Then, you have to have a second surgery on your back. The second surgery puts you out of work for 4 months. Do you meet the 12 month duration requirement? No. Because you worked 8 months between surgeries, Social Security will count this as two separate impairments, neither of which lasted 12 straight months.
The duration requirement simply eliminates Social Security's obligation to pay any claim where a single impairment doesn't last at least 12 straight months.
Social Security rules are strange and non-senseical to most people. Trying to win a disability claim without representation is like throwing darts blindfolded. You might hit the Bull's Eye but the odds are very, very poor. It really helps if you have an attorney/advocate who knows the rules.
______________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
CALL US: (256) 799-0297 for a free consultation
1. Have lasted or is expected to last for 12 straight months.
2. Or, if the condition will not last for at least 12 straight months, it must be expected to end in death (be a terminal condition). For example, a claimant has advanced cancer which will not last for 12 months because death is expected sooner than 12 months.
NOTE: YOU DO NOT HAVE TO BE OFF WORK 12 MONTHS TO FILE A CLAIM. YOU MUST HAVE A MEDICAL CONDITION EXPECTED TO LAST FOR 12 STRAIGHT MONTHS. YOU MAY FILE A CLAIM AS SOON AS YOU FEEL YOU ARE DISABLED AND WILL BE OFF WORK FOR AT LEAST 12 MONTHS.
Some examples of situations that will NOT meet the 12 month duration requirement:
A. You have gallbladder surgery and it puts you out of work for 2 months. You recover, but get an unrelated bleeding ulcer that keeps you out of work for 3 months. That's a total of 5 months. Then, you need your shoulder operated on, which keeps you off work for 7 more months. That's a total of 12 months. Does this meet the duration requirement? No. You did not have one single impairment that lasted for a straight 12 months and you cannot combine different impairments to reach the 12 month requirement.
B. You are in an accident that requires surgery. Your doctor puts you in physical therapy for 4 months after the surgery, then releases you. Can you file an SSDI or SSI claim? No. Here again, your condition did not last for 12 straight months, therefore, no benefit is payable under Social Security rules.
C. You had brain surgery to remove a benign (non-cancerous) tumor. This happened in January. The doctor's records indicate that you had severe impairments for a few months after surgery. However, you stopped seeing the doctor in August , so there are medical records for only 8 months. Can you meet the 12 month duration requirement? Maybe, maybe not. To do so, you would have to get back to the doctor for examination to prove that your severe symptoms have continued after August and will be expected to last for a minimum of 12 months. Social Security, however, will not pay a claim based on 8 months of medical records.
D. You had surgery on your back and were off work for 4 months. You go back to work after 4 months and work for 8 months. Then, you have to have a second surgery on your back. The second surgery puts you out of work for 4 months. Do you meet the 12 month duration requirement? No. Because you worked 8 months between surgeries, Social Security will count this as two separate impairments, neither of which lasted 12 straight months.
The duration requirement simply eliminates Social Security's obligation to pay any claim where a single impairment doesn't last at least 12 straight months.
Social Security rules are strange and non-senseical to most people. Trying to win a disability claim without representation is like throwing darts blindfolded. You might hit the Bull's Eye but the odds are very, very poor. It really helps if you have an attorney/advocate who knows the rules.
______________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
CALL US: (256) 799-0297 for a free consultation
Saturday, August 17, 2019
HOW I EVALUATE A SOCIAL SECURITY DISABILITY CLAIM
You think you have a disability claim that will pay off but you don't know much about the rules or the process. You would like a professional to have a look at the case and see what your odds are, and what your next step should be.
Here's what I look for when I evaluate a potentially new SSDI claim:
PART ONE: DO YOU MEET THE TECHNICAL RULES?
1. Has the claimant worked long enough and recently enough to to be covered under the SSDI (Title 2) program? If not, no SSDI claim is possible on technical grounds. I also need to find out when the claimant's "Date Last Insured" or DLI will occur or has occurred. This is the date after which the claimant will no longer be insured for new claims under SSDI.
2. Can the claimant meet the Duration Requirement? Is there at least one single medical impairment that has lasted, or is expected to last for at least 12 straight months OR to end in death? If not, there is no claim because there is no SSDI benefit for conditions not expected to last for at least 12 consecutive months.
3. Is there medical evidence to prove a disability? A person can be disabled but not be able to prove it. We need doctor's records.
4. Can the claimant meet a Social Security Listing? Most do not, but may still get benefits.
5. Can the claimant meet a Medical-Vocational Guideline? These helpful rules are for individuals age 50 and over. This is why older individuals have a better chance of winning their claim. Besides age, other important factors include: education, type of past jobs, and transferable skills.
6. If the claimant meets no Listing and qualifies for no Medical-Vocational Guideline, can he prove that he cannot function well enough to work any full-time job? In other words, he/she cannot do the sitting, standing, walking, lifting, bending, reaching, etc. required of jobs in today's work economy. (Psychological limitations may also be considered).
PART 2: THE MEDICAL/VOCATIONAL EVIDENCE
1. What are the claimant's severe medical impairments?
2. On what date did disability begin? (The "alleged onset date")
3. How severe are the symptoms, as found in the medical records?
4. Is there any medical opinion concerning the claimant's functional limitations? How much can he/she lift, stand, walk, sit, bend, stoop, kneel, crouch, crawl...., etc.?
5. Has the claimant tried medical treatment and been consistently compliant with doctor's recommendations?
6. What was the skill and exertional level of past jobs, going back 15 years?
WHAT IS USUALLY BOILS DOWN TO:
For claimants under age 50 it usually boils down to this: Can the claimant still perform any full-time job which exists in the US economy? This includes unskilled sedentary jobs that often pay minimum wage. If yes, the claim will be denied.
For claimants over age 50, especially 55 or older it boils down to this: Can the claimant perform any of the past relevant jobs, meaning any of the full-time jobs he or she performed during the past 15 year period. If the answer is yes, the claim will be denied.
I can't emphasize enough the importance of objective medical evidence. It isn't enough to claim that you can't work, you must prove that you can't work. It's mostly about what the doctor says.
"What if the judge listens to my testimony and really believes that I am not able to work? What will he/she do?"
In these cases, the judge often looks at the attorney/representative and says, "I believe your client is unable to work. I feel she is disabled. However, there is no medical evidence for me to base a decision on." The claim is denied.
So, if you are thinking about filing a Social Security disability claim, you should consider whether or not you have recent medical treatment. If not, you may want to obtain medical treatment before filing a claim. Disabled individuals without medical treatment cannot win Social Security disability claims.
_______________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE (WEBSITE)
Here's what I look for when I evaluate a potentially new SSDI claim:
PART ONE: DO YOU MEET THE TECHNICAL RULES?
1. Has the claimant worked long enough and recently enough to to be covered under the SSDI (Title 2) program? If not, no SSDI claim is possible on technical grounds. I also need to find out when the claimant's "Date Last Insured" or DLI will occur or has occurred. This is the date after which the claimant will no longer be insured for new claims under SSDI.
2. Can the claimant meet the Duration Requirement? Is there at least one single medical impairment that has lasted, or is expected to last for at least 12 straight months OR to end in death? If not, there is no claim because there is no SSDI benefit for conditions not expected to last for at least 12 consecutive months.
3. Is there medical evidence to prove a disability? A person can be disabled but not be able to prove it. We need doctor's records.
4. Can the claimant meet a Social Security Listing? Most do not, but may still get benefits.
5. Can the claimant meet a Medical-Vocational Guideline? These helpful rules are for individuals age 50 and over. This is why older individuals have a better chance of winning their claim. Besides age, other important factors include: education, type of past jobs, and transferable skills.
6. If the claimant meets no Listing and qualifies for no Medical-Vocational Guideline, can he prove that he cannot function well enough to work any full-time job? In other words, he/she cannot do the sitting, standing, walking, lifting, bending, reaching, etc. required of jobs in today's work economy. (Psychological limitations may also be considered).
PART 2: THE MEDICAL/VOCATIONAL EVIDENCE
1. What are the claimant's severe medical impairments?
2. On what date did disability begin? (The "alleged onset date")
3. How severe are the symptoms, as found in the medical records?
4. Is there any medical opinion concerning the claimant's functional limitations? How much can he/she lift, stand, walk, sit, bend, stoop, kneel, crouch, crawl...., etc.?
5. Has the claimant tried medical treatment and been consistently compliant with doctor's recommendations?
6. What was the skill and exertional level of past jobs, going back 15 years?
WHAT IS USUALLY BOILS DOWN TO:
For claimants under age 50 it usually boils down to this: Can the claimant still perform any full-time job which exists in the US economy? This includes unskilled sedentary jobs that often pay minimum wage. If yes, the claim will be denied.
For claimants over age 50, especially 55 or older it boils down to this: Can the claimant perform any of the past relevant jobs, meaning any of the full-time jobs he or she performed during the past 15 year period. If the answer is yes, the claim will be denied.
I can't emphasize enough the importance of objective medical evidence. It isn't enough to claim that you can't work, you must prove that you can't work. It's mostly about what the doctor says.
"What if the judge listens to my testimony and really believes that I am not able to work? What will he/she do?"
In these cases, the judge often looks at the attorney/representative and says, "I believe your client is unable to work. I feel she is disabled. However, there is no medical evidence for me to base a decision on." The claim is denied.
So, if you are thinking about filing a Social Security disability claim, you should consider whether or not you have recent medical treatment. If not, you may want to obtain medical treatment before filing a claim. Disabled individuals without medical treatment cannot win Social Security disability claims.
_______________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE (WEBSITE)
IN SEPTEMBER 2019 SOCIAL SECURITY DISABILITY RULES WILL CHANGE
In about two weeks from the time I write this, Social Security in Alabama will make a drastic change in disability rules. These rules become effective on September 1, 2019.
The new rule concerns how you must appeal a denial of benefits. In Alabama, approximately 75 percent of applications for benefits are denied. This forces the claimant to file an appeal. In the past, your appeal was a Request for Hearing Before an Administrative Law Judge. That is no longer the case.
Starting in September, a denied claim cannot be immediately appealed to a judge. First, you must file a Request for Reconsideration. No judge is involved.
Reconsideration means that the same agency that denied your claim originally will look at it again to see if they made a mistake. The Disability Determination Service in Birmingham (DDS) will take about 5 or 6 months to re-examine your claim. Unfortunately, in about 98 percent of cases, they will make the same unfavorable decision an deny the claim again. I base this number on the percentage of claims denied by other states which already use the Reconsideration process. Reconsideration approves very, very few claims (2%). What is does is delay your case by several months while the DDS re-examines it and then denies it for a second time.
After DDS has denied your claim for the second time you may file an appeal asking for a hearing with a judge. It will take up to 12 more months to get a hearing.
One thing has not changed, however. You still must file each appeal within 60 days of the last unfavorable decision. If you miss the 60 day deadline, even by a few days, your appeal will be dismissed and not heard.
Forth other states already use the 2-step appeal process, including "Reconsideration." Alabama and the 9 other states will fall in line now with the other 40 states.
Social Security refers to this as "uniformity." I refer to as "uniform delay." I cannot see any advantage in Reconsideration for the claimant. It does nothing for you because it almost never pay a claim. You are going to end up before a judge anyway, just much later than you would under the old system.
Bottom line: If you are denied at any stage of the process, appeal within 60 days. You have to stay with the process and not become fatigued or discouraged to the point of quitting. The people who eventually get benefits are those who just never give up.
___________
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
The new rule concerns how you must appeal a denial of benefits. In Alabama, approximately 75 percent of applications for benefits are denied. This forces the claimant to file an appeal. In the past, your appeal was a Request for Hearing Before an Administrative Law Judge. That is no longer the case.
Starting in September, a denied claim cannot be immediately appealed to a judge. First, you must file a Request for Reconsideration. No judge is involved.
Reconsideration means that the same agency that denied your claim originally will look at it again to see if they made a mistake. The Disability Determination Service in Birmingham (DDS) will take about 5 or 6 months to re-examine your claim. Unfortunately, in about 98 percent of cases, they will make the same unfavorable decision an deny the claim again. I base this number on the percentage of claims denied by other states which already use the Reconsideration process. Reconsideration approves very, very few claims (2%). What is does is delay your case by several months while the DDS re-examines it and then denies it for a second time.
After DDS has denied your claim for the second time you may file an appeal asking for a hearing with a judge. It will take up to 12 more months to get a hearing.
One thing has not changed, however. You still must file each appeal within 60 days of the last unfavorable decision. If you miss the 60 day deadline, even by a few days, your appeal will be dismissed and not heard.
Forth other states already use the 2-step appeal process, including "Reconsideration." Alabama and the 9 other states will fall in line now with the other 40 states.
Social Security refers to this as "uniformity." I refer to as "uniform delay." I cannot see any advantage in Reconsideration for the claimant. It does nothing for you because it almost never pay a claim. You are going to end up before a judge anyway, just much later than you would under the old system.
Bottom line: If you are denied at any stage of the process, appeal within 60 days. You have to stay with the process and not become fatigued or discouraged to the point of quitting. The people who eventually get benefits are those who just never give up.
___________
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
Sunday, August 11, 2019
ONE FREE PHONE CALL MAY CHANGE YOUR LIFE!
One phone call could change your life.
If you have already been denied by Social Security, one phone call could put on the road to approal.
A trained disability attorney or advocate can prepare an appeal and assist in a new review of your case.
These appeals are effective and often result in approval with payment of past due benefits caused by the wrongful denial of your claim.
Initial decisions are often wrong or based on incomplete information--or a flawed process. We can help you gather more evidence, find a new decision-maker, and present your case professionally to someone who has authority to make a better decision.
This may sound expensive but it isn't. In fact, you cannot be charged any fee or out-of-pocket expense unless you are approved and awarded back pay.
CAUTION: There is a strict 60-day time limit to file an appeal. If you wait too long, no appeal is possible. Make that phone call today.
_____________
The Forsythe Firm
7027 Old Madison PIke, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
PHONE (256) 799-0297
"SOCIAL SECURITY JUSTICE"
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