THE WORST THING YOU CAN DO IN A DISABILITY CLAIM - DISASTEROUS!

 Nearly a million people will try to get Social Security disability this year.  Most of them will fail because Social Security's rules are so hard to pass.

There is one single mistake that claimants make that I'm going to call the worse mistake possible in a Social Security disability claim.

It is giving up after the first or second denial.

You should be prepared for your application for benefits to be denied.  70 percent are.  It is always a mistake to give up when this happens.  

You should also be prepared to be denied on the first appeal--which is called "Reconsideration."  There's over a 90 percent denial rate at this stage, which pretty much makes it a waste of time; however, it is required if you want to keep pushing your claim forward.  So, be prepared for a denial at "Reconsideration," and get your attorney to file another appeal--taking your case before an Administrative Law Judge (ALJ).  

If you give up before your case goes to a hearing you are missing the best chance you have in the entire process.  That's right!  A hearing before a judge is the BEST opportunity to win your disability benefits and recover past due pay.  Claimants who quit at the previous Application or "Reconsideration" stages lose this valuable opportunity to win.

Why would anyone quit without a hearing?  There are several reasons:

1.  It takes a long time to get to the hearing stage.  You may easily invest 18 to 24 months before Social Security gets to the hearing phase of your case.

2.  Claimants get discouraged.  Persons who don't know the Social Security process well can think, "I'm not eligible so I might as well give up."  This is not true.  Social Security is rewarded when claimants give up too early and they save billions of dollars by claimants who don't keep pushing their claims up the system.

3.  The appeals process can be confusing and downright overwhelming.  It isn't easy and it isn't meant to be.  Take a load off your shoulders by turning your appeal over to a knowledgeable attorney or advocate who knows how to handle it.  This not only relieves a lot of your stress and anxiety, it also gives you a much better chance of success.  A national study shows at while about 31 percent of unrepresented claimants win their benefits, 60 percent of claimants with attorneys win benefits.  

If I could tell every Social Security claimant just one thing, I would say......

"Never, ever give up until you have had a hearing."

DOCTORS SAYS NOTHING HE CAN DO. SHOULD I KEEP SEEING THE DR.?

Many times people have an illness or injury that medical treatment just can't improve.  Your doctor says, "I have nothing more to offer you.  You are just going to have to live with this condition."

In those cases, should you keep seeing a doctor?

 Speaking strictly of Social Security disability cases, the answer is, Yes probably.

If you are going to try for Social Security disability you will need current medical examinations and treatment.  If you stop going to the doctor and don't get an exam or treatment for a couple of years or longer, there just isn't any record to base a disability on.

Ask your doctor if there is a specialist that you could benefit you.  For example, if you have chronic pain do you need a pain management specialist?  If there is chronic joint or arthritis pain, should you see an orthopedic doctor of rheumatologist?   If you have chronic migraines, should you be seeing a neurologist?

Social Security places great value on your medical record.  They don't often approve claims where the claimant has simply stopped seeing doctors for a long period of time.  If nothing else, they want to see symptoms verified and documented once in a while.  If a specialist was recommended, Social Security wants to see where you followed up and went to the specialist--at least once.

The truth is, Social Security doesn't think the way we do.  If our problem isn't being helped by a doctor--we tend to stop seeing the doctor.  Social Security often interprets that as improvement in your condition, even though that may not be the case.

So, if you intend to try for Social Security disability, we recommend that you see your doctor at least every 3 months.  Try to get laboratory tests, X-rays or other studies done that verify your ailments or injuries.  One picture really is worth a thousand words.

  

5THINGS TO KNOW ABOUT SOCIAL SECURITY DISABILITY

If you worked long enough and recently enough, you may be able to claim Social Security disability benefits if you become unable to work for a long period.  Here are some things you need to know about how Social Security Disability Insurance (SSDI) works:

• Your work is measured by "work credits."  When you work and pay a certain amount of FICA or Social Security tax, you a earn a "credit."  The amount of credits you need to be covered for disability depends on your age.
•  You must not be working and earning at least $1,470 per month in wages when you apply for disability (SSDI).  In 2023, if you are working and earning that much you will not qualify for SSDI because you are working.
• You must have a medically determined illness that will keep you from working at least 12 straight months OR will end in death.  Social Security has no short term or temporary benefit.

• 70 percent of claims are denied at the application level.  Most claimants must go through the appeal process to get benefits. Those who work with a disability attorney or advocate are twice as likely to get approved during their appeal. It can take months or even years to get your claim approved and paid.
  

• An attorney cannot charge you a legal fee unless your claim is successful AND results in past due benefits.

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Charles W. Forsythe is founder of The Forsythe Firm in Huntsville, Alabama, with over 20 years of Social Security experience.         (256) 799-0297

 

 

 

 

 

YOUR DISABILITY CLAIM WILL BOIL DOWN TO 2 THINGS

 Social Security disability claims rest on a legal foundation.  It doesn't matter how much you believe you are disabled.  There are set rules and regulations that you must meet before a benefit can be awarded.

For most claims, success or failure will boil down to 2 things:

Persons Below Age 50 (younger individuals):  Can you perform any full time job that exists in the national economy?

Persons 50 and Over:  Can you perform any of the jobs that you've done within the past 15 year period?

 Depending on your Residual Functional Capacity (RFC), you may be denied even though you can't do any of your past work.  Social Security may find that there's easier work that you can do.  This is especially problematic for younger individuals.

Younger individuals and persons who have sedentary (sit down) work in their history are especially difficult.  

Some arguments that Social Security pays no attention to:

• I can't find any work; I've looked.
• Nobody will hire me.
• I am a liability to an employer.
• I can't live on minimum wage.
• Those jobs don't exist in my town, my county or my state.
• Many people get disability who are not as sick as I am.

Before starting on the disability process, talk to an expert and see if you have a legal foundation for a disability award. If so, how can you prove it?

WHY WORK WITH A DISABIITY LAWER?

 

Even though you may think you are eligible to receive disability benefits because you have a disability that prevents you from working, this doesn’t mean that you will get these benefits easily.

The Social Security Administration (SSA) carefully evaluates claims before reaching a decision.

Unfortunately, 70% of disability claims are denied initially which means you have to file an appeal to try again to get the disability benefits you believe you are entitled to receive. When the appeals process gets underway your chances of winning your appeal may improve if you work with a disability lawyer.

When you reach the hearing level, your disability lawyer can argue your case in front of an Administrative Law Judge (ALJ).  Your lawyer knows how to point out the legal basis for your claim.  He or she speaks the judge's language.

The key reason for hiring a disability attorney to help with your disability claim is that your chances of your claim being approved are much increased.

Evidence shows that the SSA is more likely to approve an applicant’s claim if she or he is represented by a disability lawyer. From the first application to the hearing date a disability attorney understands how to present a case that favors the disabled client.

Statistics show that only 31% of unrepresented claimants win their claims.  However, 60 percent of claimants who work with a lawyer win their benefits.  

"The key reason to work with a disability lawyer is the increased chance of getting your benefit approved."

SOME SOCIAL SECURITY CHANGES IN 2023

Social Security changes each year.  Most of Social Security's numbers are based on inflation for the previous year.  Prices go up, so Social Security changes its numbers.

 Here are 2 important Social Security changes for 2023:

(1) Benefit increase.  The Cost of Living Adjustment (COLA) for 2023 will be 8.7 percent.  This is the largest increase in 40 years.

 (2) Definition of Substantial Gainful Activity (SGA) changes in 2023.

SGA is the amount of wages or work income that will make you ineligible for disability benefits.  In other words, if you are working and earning SGA or above, you cannot be disabled due to your work.

2022:  The SGA limit was $1,350 per month. If you work and earn at least that monthly amount you are gainfully employed and cannot get disabiity benefits. 

2023:  The SGA limit increases to $1,470 per month.  As long as you earn below $1,470 per month, you are not gainfully employed and may apply for disability benefits.

NOTE:  The SGA refers only to income from work:  wages, salary, commission, tips or self-employment.  SGA does not consider investment income, rental income, child support, alimony, retirement pay, etc.  It only applies to individuals who are working.

 

Both of these changes will make it easier for Social Security recipients or potential recipients to make ends meet. Changes take effect in January 2023.

8.7 PERCENT INCREASE FOR SOCIAL SECURITY CHECKS

 It's official:  The Social Security Administration has announced the largest increase for Social Security checks in 40 years.

Your check will increase by 8.7 percent starting in January, 2023. This pay increase effects 70 million Americans on disability, SSI, retirement and survivor's benefits.

To find the amount of your increased 2023 check, do the following:

Multiply your 2022 check amount X .0875, and you have the amount of your increase.

Example:

2022 check amount $1500.00.  1500 X .0875 = $131.25.  This is your  increase for 2023.

The Social Security Administration (SSA) will be mailing out letters during the month of December to let folks know about their new, increased benefit amount.

You don't have to do anything to get this increase.  Beware of scammers who may call you about this increase, asking for personal information.  Social Security will NOT call you about this.  It's done automatically, and Social Security already has all of your information.  If someone calls you about "qualifying" for this increased payment, it will be a scam call.  Just hang up.

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Charles W. Forsythe is founder of The Forsythe Firm Huntsville, AL.  He spends all his time helping qualified claimants get approved for Social Security disability benefits.