A great many things will be reviewed at your Social Security disability hearing. These include your age, education, past work and medical conditions. Of all these factors, I think the most crucial is the medical record.
Here's what I look for in the medical record:
1). Is it complete? Does the judge have records from all of your treating sources, such as doctors, hospitals, clinics, counselors--and in some cases--school records?
2) Are medical records current? Do they include your most recent doctor's visits, hospital admission, ER visit, etc.?
3). Are there objective tests, such as an MRI, CT Scan, X-ray, etc. which clearly show the nature and severity of your impairment?
4) Is there opinion evidence from your doctor? This would be a letter or form from the doctor stating what your specific restrictions and limitations are and how they would affect the ability to do work-related activities.
5). Is the medical record consistent with the symptoms you report?
Finally, I need to make the claimant aware of what's expected of him or her during the hearing. What type of questions will be asked? What is the best approach to answering questions? What are some of the pitfalls to avoid? Is the judge likely to have concerns from reading the medical records?
Our goal at the hearing is to give the judge, as decision maker, a clear and understandable picture of why the claimant is disabled. We want to answer any concerns or questions the judge may have. Having attended hundreds of hearings helps me to prepare for a smooth hearing. Hopefully, I can help eliminate some of the tension or anxiety the claimant may have when walking into the hearing.
Friday, March 31, 2017
WILL MY HEARING BE HELD HERE IN ATHENS?
Social Security judges hold hearings all over North Alabama. If you live in Athens or Limestone County, there are 3 possible locations where your hearing may be held.
Florence, AL is the ODAR office or hearing office. The hearing could be held there.
There is also an office in Huntsville where hearings are scheduled.
Finally, if your case gets assigned to the Franklin,TN hearing office (which some from our area do) - then your hearing will be held in Decatur, AL.
So, chances are your hearing will be either in Florence, Huntsville or Decatur. You will receive a letter telling you the date, time and location of your hearing well in advance. Plan to arrive at least 30 minutes before the hearing is scheduled to start. (If the judge gets ahead of schedule, your hearing may begin early).
Florence, AL is the ODAR office or hearing office. The hearing could be held there.
There is also an office in Huntsville where hearings are scheduled.
Finally, if your case gets assigned to the Franklin,TN hearing office (which some from our area do) - then your hearing will be held in Decatur, AL.
So, chances are your hearing will be either in Florence, Huntsville or Decatur. You will receive a letter telling you the date, time and location of your hearing well in advance. Plan to arrive at least 30 minutes before the hearing is scheduled to start. (If the judge gets ahead of schedule, your hearing may begin early).
WILL SOCIAL SECURITY ACCEPT EVIDENCE FROM A D.O. OR ONLY AN M.D.?
There are fundamentally two types of medical degrees that doctors may get. One is the traditional Doctor of Medicine (MD) degree. The other is Doctor of Osteopathic Medicine (DO).
The training required for the MD and DO degrees are very similar. According to the Mayo Clinic, the doctor of osteopathic medicine (DO) may have some training on manual manipulation, such as spinal adjustments or accupuncture, in addition to the traditional medical training.
Social Security regulations recognize both doctors equally as "acceptable medical sources." 20 CFR 404.1513
The regulation has recently been revised to include licensed physician's assistants as "acceptable medical sources." However, nurse practitioners are not considered acceptable medical sources by Social Security as of this writing.
With many people now getting their medical care from non-traditional providers, it is important to know how seeing someone other than an MD or DO may affect evidence for a potential Social Security disability claim.
The training required for the MD and DO degrees are very similar. According to the Mayo Clinic, the doctor of osteopathic medicine (DO) may have some training on manual manipulation, such as spinal adjustments or accupuncture, in addition to the traditional medical training.
Social Security regulations recognize both doctors equally as "acceptable medical sources." 20 CFR 404.1513
The regulation has recently been revised to include licensed physician's assistants as "acceptable medical sources." However, nurse practitioners are not considered acceptable medical sources by Social Security as of this writing.
With many people now getting their medical care from non-traditional providers, it is important to know how seeing someone other than an MD or DO may affect evidence for a potential Social Security disability claim.
THINGS THAT "WON'T FLY" IN A SOCIAL SECURITY HEARING
"Some things fly like a lead balloon." When you know something just won't fly, it's best not to leave the ground with it.
Here are some statements that won't fly at a Social Security disability hearing. I've given a brief explanation of why they don't fly.
1). "The only job I can get is a minimum wage job and I simply can't live on minimum wage." Why it won't fly? This has absolutely nothing to do with being disabled. How much a job pays has nothing to do with Social Security disability. It is largely a vocational problem. The problem might be solved by job training or education but Social Security will not award disability benefits on this basis.
2). "Everything was going well until one day my boss laid me off (or fired me, or something like that). Since then, I've never been able to work." Why it won't fly? Here, the claimant doesn't even claim to be disabled. There is no medical issue. There is no disability issue.
3). "I used to drive a truck, and loved my job, but now my sugar is so high that I can't pass my CDL test and so I can't work." Why it won't fly? It leaves open the possibility that you could do several other jobs. Also, Social Security does not consider the inability to get a license or certification to be a disability. If a lawyer can't get a license to practice law, it doesn't mean that he is disabled. It might be effective to argue that diabetes makes you so sick that you can't drive a truck, but I'd leave out the CDL argument.
4). "Several employers whom I asked for a job told me that because of my physical condition I would be a liability to the company and they would not hire me." Why it won't fly? Several reasons. First, employers are not allowed to decide whether or not you are disabled. Second, your argument is that no one will hire you, not that you are legally disabled. Third, the argument is more of a legal argument than a medial argument supported by medical evidence).
5). "I haven't been to a doctor in 5 years because I don't have any medical insurance. Even so, I just know that I'm not able to work." Why it won't fly? It's really an unfortunate position to be in, and lots of folks are in this situation. And this person may really be disabled. However, a disability decision must be based on objective medical evidence. If there is none, the case just can't be approved. Perhaps this claimant should try to be seen at a community medical clinic which has reduced fees or even a free clinic.
6). "All of my medical care has been from a nurse practitioner, chiropractor, counselor or nutritional expert. I think that care is as good as any and should be good enough for Social Security." Why it won't fly? In today's society, many people do get medical care from someone other than a medical doctor (MD) or doctor of osteopathic medicine (DO). However, Social Security regulations are very strict about what they call "acceptable medical sources." While there are some exceptions, generally Social Security requires medical evidence from an MD or DO to establish that you have a severe medical condition. Recently, physician's assistants have been added to the list of "acceptable medical sources." As of now, nurse practitioners and chiropractors are not on that list. It is simply not a question of whether your care is good or not, it is a matter of what Social Security regulations recognize.
7). "Uncle Ned got on disability when he was 19, never worked a day in his life and is as healthy as an army horse." Why it won't fly? Several reasons, the first of which is, Uncle Ned's case is not under consideration. The second is, it has nothing to do with why the claimant can't work. Perhaps the biggest reason, it will irritate the judge.
Here are some statements that won't fly at a Social Security disability hearing. I've given a brief explanation of why they don't fly.
1). "The only job I can get is a minimum wage job and I simply can't live on minimum wage." Why it won't fly? This has absolutely nothing to do with being disabled. How much a job pays has nothing to do with Social Security disability. It is largely a vocational problem. The problem might be solved by job training or education but Social Security will not award disability benefits on this basis.
2). "Everything was going well until one day my boss laid me off (or fired me, or something like that). Since then, I've never been able to work." Why it won't fly? Here, the claimant doesn't even claim to be disabled. There is no medical issue. There is no disability issue.
3). "I used to drive a truck, and loved my job, but now my sugar is so high that I can't pass my CDL test and so I can't work." Why it won't fly? It leaves open the possibility that you could do several other jobs. Also, Social Security does not consider the inability to get a license or certification to be a disability. If a lawyer can't get a license to practice law, it doesn't mean that he is disabled. It might be effective to argue that diabetes makes you so sick that you can't drive a truck, but I'd leave out the CDL argument.
4). "Several employers whom I asked for a job told me that because of my physical condition I would be a liability to the company and they would not hire me." Why it won't fly? Several reasons. First, employers are not allowed to decide whether or not you are disabled. Second, your argument is that no one will hire you, not that you are legally disabled. Third, the argument is more of a legal argument than a medial argument supported by medical evidence).
5). "I haven't been to a doctor in 5 years because I don't have any medical insurance. Even so, I just know that I'm not able to work." Why it won't fly? It's really an unfortunate position to be in, and lots of folks are in this situation. And this person may really be disabled. However, a disability decision must be based on objective medical evidence. If there is none, the case just can't be approved. Perhaps this claimant should try to be seen at a community medical clinic which has reduced fees or even a free clinic.
6). "All of my medical care has been from a nurse practitioner, chiropractor, counselor or nutritional expert. I think that care is as good as any and should be good enough for Social Security." Why it won't fly? In today's society, many people do get medical care from someone other than a medical doctor (MD) or doctor of osteopathic medicine (DO). However, Social Security regulations are very strict about what they call "acceptable medical sources." While there are some exceptions, generally Social Security requires medical evidence from an MD or DO to establish that you have a severe medical condition. Recently, physician's assistants have been added to the list of "acceptable medical sources." As of now, nurse practitioners and chiropractors are not on that list. It is simply not a question of whether your care is good or not, it is a matter of what Social Security regulations recognize.
7). "Uncle Ned got on disability when he was 19, never worked a day in his life and is as healthy as an army horse." Why it won't fly? Several reasons, the first of which is, Uncle Ned's case is not under consideration. The second is, it has nothing to do with why the claimant can't work. Perhaps the biggest reason, it will irritate the judge.
Thursday, March 30, 2017
THE "LEGAL THEORY" OF YOUR CASE
I was with a client
in a disability hearing before an administrative law judge last week.
Five minutes into the hearing, the judge asked, "Mr. Forsythe, what is
the legal theory of this case?"
I responded: "Judge, the claimant has 3 severe impairments, the combination of which has caused him to be unable to sustain work for the last two years. You will find evidence of these impairments and their limitations in Exhibits 2F, page 10; 6F, pages 8-17, and in 9F, pages 79, 90 and 112. In addition, considering the claimant's age, education and past work experience, a finding of disability is directed by Medical-Vocational Guideline 201.01."
The judge seemed satisfied that I had given him the facts he needed to approve the claim.
After we left the hearing, my client said to me: "I'm glad I didn't have to answer that question."
The truth is, every Social Security disability claim rises or falls on the legal theory of the case. If you don't know what your legal theory is, you don't need to be handling a hearing.
Many times, judges believe the claimant is disabled. However, they must justify their decision legally. The "legal theory" is simply the body of facts that support a finding of disability based on the federal rules and regulations that govern Social Security. It isn't enough just to convince the judge that you are disabled. You have to tell him where the regulations permit that conclusion.
_________
Need help with a Social Security disability claim or appeal? Contact the firm that has been successfully handling disability cases for years. Call the Forsythe Firm for a free consultation or case evaluation. (256) 799-0297 or (256) 431-1599.
I responded: "Judge, the claimant has 3 severe impairments, the combination of which has caused him to be unable to sustain work for the last two years. You will find evidence of these impairments and their limitations in Exhibits 2F, page 10; 6F, pages 8-17, and in 9F, pages 79, 90 and 112. In addition, considering the claimant's age, education and past work experience, a finding of disability is directed by Medical-Vocational Guideline 201.01."
The judge seemed satisfied that I had given him the facts he needed to approve the claim.
After we left the hearing, my client said to me: "I'm glad I didn't have to answer that question."
The truth is, every Social Security disability claim rises or falls on the legal theory of the case. If you don't know what your legal theory is, you don't need to be handling a hearing.
Many times, judges believe the claimant is disabled. However, they must justify their decision legally. The "legal theory" is simply the body of facts that support a finding of disability based on the federal rules and regulations that govern Social Security. It isn't enough just to convince the judge that you are disabled. You have to tell him where the regulations permit that conclusion.
_________
Need help with a Social Security disability claim or appeal? Contact the firm that has been successfully handling disability cases for years. Call the Forsythe Firm for a free consultation or case evaluation. (256) 799-0297 or (256) 431-1599.
ATHENS, AL: PROCESS FOR SOCIAL SECURITY DISABIITY
What is the process for applying for Social Security disability benefits in Athens, AL?
1. File a complete application. You may do this by contacting the Social Security office at 717 McGlathery Lane, Dectur, AL 35601. (There is no Social Security office in Athens). Phone 1-888-289-9185. You may also file online at www.socialsecurity.gov. Or, you may choose to have an advocate or attorney help you file the application. You cannot be charged a fee just for filing an application.
After you file, it will take 3 to 4 months to get an initial decision. Unfortunately, 7 out of 10 claims are denied at this level, many times erroneously. If you are denied, you must appeal by asking for a hearing before an administrative law judge within 60 days of the denial letter. This is a strict, unforgiving deadline. Miss it and your appeal is dead.
If you must appeal, you will normally wait 16 to 18 months to get before a judge. Once you are there, however, your odds of winning jump to about 48 percent, based on state averages. Your odds may be better or worse, depending on the facts of your individual case and depending on other factors, such as which judge hears your case.
If you win your appeal, you will probably receive back pay covering the months you have been waiting for Social Security to process the appeal. Some of my clients have received lump sum back pay settlements of over $70,000 in addition to their monthly checks which are continuing.
Social Security, for most people, is the only financial lifeline when disability strikes. Be sure you understand the peculiar requirements of Social Security, what evidence you must submit, and how the process works. It will require a careful, well devised plan to get benefits. It won't just happen.
It can be a long process and can be overwhelming. You are more likely to lose than to win. I think having a professional advocate or representative to help you is a good idea. You won't have to pay your representative unless you win. And the fee comes only out of back pay. So, if you win but don't recover back pay, no fee is due.
The Forsythe Firm has been helping hundreds of Social Security claimants in North Alabama for years. You will receive committed, personal attention. You won't be just a number in our system. Free consultations and case evaluations. Contact us at (256) 799-0297 or (256) 431-1599. Visit Us on the Web to tell us about your case.
1. File a complete application. You may do this by contacting the Social Security office at 717 McGlathery Lane, Dectur, AL 35601. (There is no Social Security office in Athens). Phone 1-888-289-9185. You may also file online at www.socialsecurity.gov. Or, you may choose to have an advocate or attorney help you file the application. You cannot be charged a fee just for filing an application.
After you file, it will take 3 to 4 months to get an initial decision. Unfortunately, 7 out of 10 claims are denied at this level, many times erroneously. If you are denied, you must appeal by asking for a hearing before an administrative law judge within 60 days of the denial letter. This is a strict, unforgiving deadline. Miss it and your appeal is dead.
If you must appeal, you will normally wait 16 to 18 months to get before a judge. Once you are there, however, your odds of winning jump to about 48 percent, based on state averages. Your odds may be better or worse, depending on the facts of your individual case and depending on other factors, such as which judge hears your case.
If you win your appeal, you will probably receive back pay covering the months you have been waiting for Social Security to process the appeal. Some of my clients have received lump sum back pay settlements of over $70,000 in addition to their monthly checks which are continuing.
Social Security, for most people, is the only financial lifeline when disability strikes. Be sure you understand the peculiar requirements of Social Security, what evidence you must submit, and how the process works. It will require a careful, well devised plan to get benefits. It won't just happen.
It can be a long process and can be overwhelming. You are more likely to lose than to win. I think having a professional advocate or representative to help you is a good idea. You won't have to pay your representative unless you win. And the fee comes only out of back pay. So, if you win but don't recover back pay, no fee is due.
The Forsythe Firm has been helping hundreds of Social Security claimants in North Alabama for years. You will receive committed, personal attention. You won't be just a number in our system. Free consultations and case evaluations. Contact us at (256) 799-0297 or (256) 431-1599. Visit Us on the Web to tell us about your case.
Saturday, March 18, 2017
BASIC DISABILITY INFORMATION: FINANCIAL SURVIVAL DURING DISABILITY
I've taken time to answer many of the most basic questions about Social Security disability, so you can save time, have answers and plan your financial survival. If your question isn't answered here, please contact me at (256) 799-0297 or (256) 431-1599 and I will speak to you at no cost or obligation. Please note that my practice is limited solely to Social Security disability, so I can address only this issue.
Who can apply for Social Security disability (SSDI) benefits? Anyone who has worked enough to be covered under the Social Security program. Coverage is obtained by earning wages and paying FICA tax to Social Security. Also, you need to be under full retirement age to get disability benefits. For most folks, that's around age 66 or 67.
What are the basic medical requirements to get benefits? You must have at least one severe impairment which has lasted, or is expected to last for at least 12 consecutive months (or to end in death). Your impairment must pose a significant restriction on your ability to work. You will need medical proof with recent medical treatment.
Can I apply for SSDI while I am still working? No. If you are earning wages or self-employment income that amounts to "substantial gainful activity" or SGA, you may not get disability benefits. SGA for 2017 is defined as wages, tips, salary or self-employment income of at least $1,170 per month before deductions. (Other types of non-earned income do not count).
When should I apply? Apply as soon as you have a medical condition that is expected to keep you from working for at least 12 consecutive months? You don't need to wait 12 months to file an application.
How long will it take to get a decision? Social Security usually takes 90 to 120 days to reach a decision on a disability application.
I've heard that most applications are denied. Is that true? Yes, unfortunately, about two-thirds of applications are denied and require an appeal.
Are my odds of approval better at the appeal level? Yes, considerably better. Especially if you have competent legal representation to help you at your hearing.
How much will my monthly benefit be? Monthly benefit will vary, based on your age, earnings, how long you have worked and paid into Social Security. The national average for SSDI checks is about $1,160 per month. Your amount may be higher or lower.
How does legal representation work? A representative will work on your case and prepare the application, or prepare for the appeal hearing, whichever is required. You will never be charged a fee unless you win benefits, including recovery of back pay or past due benefits. If your representative has qualified for direct payment of fees, Social Security will withhold the approved fee from your back pay and pay the representative directly.* If you are not approved, or if you don't receive any back payments, no fee is due and you owe nothing.
When do I need to get a representative involved? That really depends on you. Some claimants like a representative involved from the very beginning to help file a proper application and oversee the gathering of medical evidence. Others wait to see if they are denied, then get a representative to help with the appeal and hearing. If you are really good at completing complex forms, and can get it done accurately and on time, you may not need a representative until you are denied. Many people, however, feel that a representative may help prevent mistakes on the application and get a quicker decision or a better outcome. The choice is yours to make.
We've answered a lot of common questions here. Chances are you have more questions that we didn't post. If so, call us anytime in Huntsville at (256) 799-0297 or in Athens at (256) 431-1599.
*Our advocate, Charles Forsythe, is qualified for Direct Fee Payment from the Social Security Administration.
The Forsythe Firm is NOT affiliated with the US Social Security Administration. We are a privately owned professional firm and we work for our clients.
Who can apply for Social Security disability (SSDI) benefits? Anyone who has worked enough to be covered under the Social Security program. Coverage is obtained by earning wages and paying FICA tax to Social Security. Also, you need to be under full retirement age to get disability benefits. For most folks, that's around age 66 or 67.
What are the basic medical requirements to get benefits? You must have at least one severe impairment which has lasted, or is expected to last for at least 12 consecutive months (or to end in death). Your impairment must pose a significant restriction on your ability to work. You will need medical proof with recent medical treatment.
Can I apply for SSDI while I am still working? No. If you are earning wages or self-employment income that amounts to "substantial gainful activity" or SGA, you may not get disability benefits. SGA for 2017 is defined as wages, tips, salary or self-employment income of at least $1,170 per month before deductions. (Other types of non-earned income do not count).
When should I apply? Apply as soon as you have a medical condition that is expected to keep you from working for at least 12 consecutive months? You don't need to wait 12 months to file an application.
How long will it take to get a decision? Social Security usually takes 90 to 120 days to reach a decision on a disability application.
I've heard that most applications are denied. Is that true? Yes, unfortunately, about two-thirds of applications are denied and require an appeal.
Are my odds of approval better at the appeal level? Yes, considerably better. Especially if you have competent legal representation to help you at your hearing.
How much will my monthly benefit be? Monthly benefit will vary, based on your age, earnings, how long you have worked and paid into Social Security. The national average for SSDI checks is about $1,160 per month. Your amount may be higher or lower.
How does legal representation work? A representative will work on your case and prepare the application, or prepare for the appeal hearing, whichever is required. You will never be charged a fee unless you win benefits, including recovery of back pay or past due benefits. If your representative has qualified for direct payment of fees, Social Security will withhold the approved fee from your back pay and pay the representative directly.* If you are not approved, or if you don't receive any back payments, no fee is due and you owe nothing.
When do I need to get a representative involved? That really depends on you. Some claimants like a representative involved from the very beginning to help file a proper application and oversee the gathering of medical evidence. Others wait to see if they are denied, then get a representative to help with the appeal and hearing. If you are really good at completing complex forms, and can get it done accurately and on time, you may not need a representative until you are denied. Many people, however, feel that a representative may help prevent mistakes on the application and get a quicker decision or a better outcome. The choice is yours to make.
We've answered a lot of common questions here. Chances are you have more questions that we didn't post. If so, call us anytime in Huntsville at (256) 799-0297 or in Athens at (256) 431-1599.
*Our advocate, Charles Forsythe, is qualified for Direct Fee Payment from the Social Security Administration.
The Forsythe Firm is NOT affiliated with the US Social Security Administration. We are a privately owned professional firm and we work for our clients.
TYPES OF DISABILITY HELP AVAILALBLE
For
the past decade, the Forsythe Firm has been helping the disabled to get
Social Security disability benefits. We have helped hundreds of people,
just like you. Our practice areas include
⇨ Initial Applications and Forms
⇨ Administrative Appeals
⇨ Hearings before Administrative Law Judges
⇨ Federal Administrative Appeals
We may be able to help you if you suffer with
TERMS OF SERVICE: We will never charge you a fee until two things happen: (1) You win your disability claim, and also (2) recover back pay or past due benefits. Initial consultations and claim evaluations are free and without obligation. You can pursue your claim without paying any money upfront and without running up legal bills if you don't win. If you win and recover past due money, Social Security will withhold our fee and pay us directly.
Eligible for Direct Fee Withholding
- Back or neck pain
- Degenerative Disc or Joint Disease
- Migraine Headaches
- Fibromyalgia
- Blindness
- Cancer and leukemia
- Diabetes or other Endocrine disorders
- Heart disease (heart attack)
- Anxiety, depression, PTSD or schizophrenia
- Traumatic brain injury
- Amputations
- Chronic liver disease
- HIV and AIDS
- COPD or obstructive lung disease
- Arthritis (osteoarthritis or rheumatoid arthritis)
- Schizophrenia
- Multiple sclerosis
- Lupus
- Other auto-immune disorders
- Intellectual disability
- Other medical problems that prevent you from working
TERMS OF SERVICE: We will never charge you a fee until two things happen: (1) You win your disability claim, and also (2) recover back pay or past due benefits. Initial consultations and claim evaluations are free and without obligation. You can pursue your claim without paying any money upfront and without running up legal bills if you don't win. If you win and recover past due money, Social Security will withhold our fee and pay us directly.
Eligible for Direct Fee Withholding
The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONES (256) 799-0297 or (256) 431-1599
Friday, March 10, 2017
Proving WHEN You Became Disabled
It's important to prove to Social Security that you are now disabled in order to get a check. But it's also important to prove when you first became disabled. This is called the "onset date."
The onset date will determine when your payments begin. Your payments can begin earlier than your application date if you can prove an earlier onset date. In effect, this allows you to "back date" the claim and recover earlier benefits.
Many people make the mistake of providing recent medical records that show a current disability. But they fail to get older records that show how long the disability has existed. This can potentially cost tens of thousands of dollars in lost back payments.
For instance, if you apply for Social Security disability on March 10, 2017 but can show that you were actually disabled on March 1, 2016--there are 12 months of back payments you are entitled to receive. If your case drags on for another year (in the case of an appeal), then you have 24 months of back payments.
So, when looking at filing a disability claim, it's very important to ask yourself the question: On what date did I first meet Social Security's criteria for disability. That should be your alleged onset date (AOD).
The two things to remember about the alleged onset date (AOD) are:
1) You can't have substantial work after the AOD.
2) You must produce medical records showing a disability as of the AOD you allege.
For a free consultation about Social Security disability:
PHONE (256) 431-1599 (256) 799-0297
CONTACT OUR ADVOCATES ON THE WEB
The onset date will determine when your payments begin. Your payments can begin earlier than your application date if you can prove an earlier onset date. In effect, this allows you to "back date" the claim and recover earlier benefits.
Many people make the mistake of providing recent medical records that show a current disability. But they fail to get older records that show how long the disability has existed. This can potentially cost tens of thousands of dollars in lost back payments.
For instance, if you apply for Social Security disability on March 10, 2017 but can show that you were actually disabled on March 1, 2016--there are 12 months of back payments you are entitled to receive. If your case drags on for another year (in the case of an appeal), then you have 24 months of back payments.
So, when looking at filing a disability claim, it's very important to ask yourself the question: On what date did I first meet Social Security's criteria for disability. That should be your alleged onset date (AOD).
The two things to remember about the alleged onset date (AOD) are:
1) You can't have substantial work after the AOD.
2) You must produce medical records showing a disability as of the AOD you allege.
For a free consultation about Social Security disability:
PHONE (256) 431-1599 (256) 799-0297
CONTACT OUR ADVOCATES ON THE WEB
Thursday, March 9, 2017
HEY ATHENS - LOOK AT THESE WEIRD JOBS THAT MAY GET YOU DENIED
Social
Security uses an obsolete publication to identify jobs. These jobs can be used to deny disability claims. The publication that Social
Security decision makers must use is The Dictionary of Occupational Titles (DOT),
first published in the 1930s and last updated in 1993. The DOT
describes 12,569 jobs. Many of them are from a bygone era-but they are still in the DOT.
Here are a few of the more ridiculous jobs still listed as of 2017. The DOT code number is given, to prove this is no joke.
The US Department of Labor considers the DOT to be obsolete. However, the Social Security Administration considers it their main vocational resource--the definitive guide to jobs in the modern age, the Bible of work.
Judges are required to confirm that any vocational testimony "confirms to the DOT." Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude: If it's in the DOT, it's the Gospel.
This could be one reason your disability claim was denied: reliance upon such "solid data" as the DOT. Some federal courts have reversed based on the DOT on appeal. Most do not. The DOT needs to be discarded and replaced. It has been severely out of date at least since 1993.
Need serious help with a disability claim or appeal?
Contact the Forsythe Firm
PHONE (256) 431-1599 PHONE (256) 799-0297
Here are a few of the more ridiculous jobs still listed as of 2017. The DOT code number is given, to prove this is no joke.
- Horse Identifier DOT Code 153.387-010
- Horse and Wagon Driver 919.664-010
- Butter Melter 523-585-010
- Animal Impersonator 159.047-018
- Bucket Chucker 664.685-014
- Belly Roller 583.685-094
- Side Splitter 525-684-018
- Worm Picker 413-687-010
- Egg Smeller 521.687-042
- Bowling Ball Weigher 732.487-010
- Coach Driver, DOT Code 349.677-014. The DOT job description reads: "May clean or polish vehicle such as a carriage, wagon or cart."
The US Department of Labor considers the DOT to be obsolete. However, the Social Security Administration considers it their main vocational resource--the definitive guide to jobs in the modern age, the Bible of work.
Judges are required to confirm that any vocational testimony "confirms to the DOT." Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude: If it's in the DOT, it's the Gospel.
This could be one reason your disability claim was denied: reliance upon such "solid data" as the DOT. Some federal courts have reversed based on the DOT on appeal. Most do not. The DOT needs to be discarded and replaced. It has been severely out of date at least since 1993.
Need serious help with a disability claim or appeal?
Contact the Forsythe Firm
PHONE (256) 431-1599 PHONE (256) 799-0297
Monday, March 6, 2017
THE MOST COMMON DISABILITY APPROVED BY SOCIAL SECURITY
Over 3 million Americans are diagnosed with degenerative joint disease (DJD) each year. This, along with degenerative disc disease (DDD), is the single largest cause for Social Security disability payments.
DJD, also called osteoarthritis, causes inflammation and breakdown of the cartilage of the joints. This most often affects the spine, hands, feet, knees and hips.
When the spinal vertebrae are afflicted with this same type of condition, it is referred to as degenerative disc disease (DDD). In severe cases, there may be a bulge or herniation in one or more of the spinal discs.
Social Security lists the criteria for an automatic award of DJD or DDD in Listing 1.02. Even if you don't meet all the criteria of the Listing, you may still qualify for disability benefits. Your age will play a major role in the decision about getting benefits.
If you are under age 50, you must show that your symptoms are so severe that you cannot perform any work that exists in large numbers in the US economy. If you are 50 or over, you may meet one of the Medical-Vocational Guidelines (also called grid rules) which make it easier to qualify for benefits.
It will help you get benefits if your doctor will explain the specific limitations caused by your disease. Get your doctor to state how such work related activities as sitting, standing, walking, bending, reaching, lifting and kneeling are affected by your DJD or DDD. Routine medical records usually do not get this specific, so a special form is required from your doctor. I don't like letters from doctors because they never answer all the essential questions. I much prefer to use a form approved by Social Security which will answer all the questions in sufficient detail.
I frequently hear people refer to Social Security disability as "impossible" and "a nightmare." It can be but it doesn't have to be. Knowing what the battle is and how to prepare for it can make the journey to getting approved less frustrating. The person who can probably take the greatest burden off your shoulders is a Social Security disability advocate--trained to get the evidence, build the case and give you the best chance at approval.
TELL AN ADVOCATE ABOUT YOUR DISABILITY CLAIM - FREE
PHONE US (256) 431-1599 (256) 799-0297
*Not a Social Security office; not affiliated with the US Social Security Administration. The Forsythe Firm is a private professional legal firm, representing disabled persons seeking Social Security benefits.
DJD, also called osteoarthritis, causes inflammation and breakdown of the cartilage of the joints. This most often affects the spine, hands, feet, knees and hips.
When the spinal vertebrae are afflicted with this same type of condition, it is referred to as degenerative disc disease (DDD). In severe cases, there may be a bulge or herniation in one or more of the spinal discs.
Social Security lists the criteria for an automatic award of DJD or DDD in Listing 1.02. Even if you don't meet all the criteria of the Listing, you may still qualify for disability benefits. Your age will play a major role in the decision about getting benefits.
If you are under age 50, you must show that your symptoms are so severe that you cannot perform any work that exists in large numbers in the US economy. If you are 50 or over, you may meet one of the Medical-Vocational Guidelines (also called grid rules) which make it easier to qualify for benefits.
It will help you get benefits if your doctor will explain the specific limitations caused by your disease. Get your doctor to state how such work related activities as sitting, standing, walking, bending, reaching, lifting and kneeling are affected by your DJD or DDD. Routine medical records usually do not get this specific, so a special form is required from your doctor. I don't like letters from doctors because they never answer all the essential questions. I much prefer to use a form approved by Social Security which will answer all the questions in sufficient detail.
I frequently hear people refer to Social Security disability as "impossible" and "a nightmare." It can be but it doesn't have to be. Knowing what the battle is and how to prepare for it can make the journey to getting approved less frustrating. The person who can probably take the greatest burden off your shoulders is a Social Security disability advocate--trained to get the evidence, build the case and give you the best chance at approval.
TELL AN ADVOCATE ABOUT YOUR DISABILITY CLAIM - FREE
PHONE US (256) 431-1599 (256) 799-0297
*Not a Social Security office; not affiliated with the US Social Security Administration. The Forsythe Firm is a private professional legal firm, representing disabled persons seeking Social Security benefits.
WHAT ARE THE DIFFERENT TYPES OF DENIALS?
Social Security may deny disability benefits for different reasons. The two biggest reasons are technical denials and medical denials. I'll try to explain what these terms mean.
TECHNICAL DENIAL. These denials occur when a claimant does not meet the technical requirements for Social Security payments. These might include:
Generally speaking, technical denials are very difficult to appeal. The technical facts are cut and dried and speak for themselves. It is not a matter of opinion. You either worked enough to be covered by SSDI, or you didn't. Your application was filed on time, or it wasn't.
Medical denials are where appeals often get results. Going by national averages, almost one-half of medical denials are won at appeal. My appeal averages are much higher than that, partly because I'm selective in the cases I will accept.
But the point is, if you get a medical denial (which is by far the most common), you should appeal it immediately. If your denial letter says something like....
"While we find that you are not able to perform your past work, there are certain jobs that you are still able to perform..."
....that is a medical denial and should be appealed right away. You have a 60-day deadline to file the appeal.
The simple translation is: "You have some medical problems but we don't believe your problems are bad enough to keep you from working." This is opinion, probably false, and may be corrected at a hearing.
PHONE (256) 431-1599 in Athens or Limestone Co.
PHONE (256) 799-0297 in Huntsville or N. Alabama
www.ForsytheFirm.com
TECHNICAL DENIAL. These denials occur when a claimant does not meet the technical requirements for Social Security payments. These might include:
- Insufficient work history to be covered by SSDI
- Application was filed after the date last insured
- Appeal was not filed within the 60 day deadline
- Too much household income for SSI benefits, etc.
Generally speaking, technical denials are very difficult to appeal. The technical facts are cut and dried and speak for themselves. It is not a matter of opinion. You either worked enough to be covered by SSDI, or you didn't. Your application was filed on time, or it wasn't.
Medical denials are where appeals often get results. Going by national averages, almost one-half of medical denials are won at appeal. My appeal averages are much higher than that, partly because I'm selective in the cases I will accept.
But the point is, if you get a medical denial (which is by far the most common), you should appeal it immediately. If your denial letter says something like....
"While we find that you are not able to perform your past work, there are certain jobs that you are still able to perform..."
....that is a medical denial and should be appealed right away. You have a 60-day deadline to file the appeal.
The simple translation is: "You have some medical problems but we don't believe your problems are bad enough to keep you from working." This is opinion, probably false, and may be corrected at a hearing.
PHONE (256) 431-1599 in Athens or Limestone Co.
PHONE (256) 799-0297 in Huntsville or N. Alabama
www.ForsytheFirm.com
DENIED DISABILITY BENEFITS? WHY YOU SHOULD FILE AN APPEAL
I've had the privilege of helping hundreds of honest, hard working Alabamians get Social Security disability benefits. Most of these success stories came after at least one denial.
For the ten-year period between 2005 and 2014, Social Security only approved an average of 23 percent of claims at the initial application level. That's a 77 percent denial rate. The chart at the bottom of this page illustrates Social Security's decisions for that same period of time.
Why should you appeal if your disability claim is denied?
For the ten-year period between 2005 and 2014, Social Security only approved an average of 23 percent of claims at the initial application level. That's a 77 percent denial rate. The chart at the bottom of this page illustrates Social Security's decisions for that same period of time.
Why should you appeal if your disability claim is denied?
- You odds of being approved are better on appeal.
- A judge will personally listen to your testimony.
- Additional medical evidence can be submitted, and
- Mistakes made by Social Security can be corrected.
- FOR A FREE CASE CONSULTATION CALL (256) 431-1599.
DISABLED ATHENS RESIDENTS CAN GET LOCAL SOCIAL SECURITY HELP
ATHENS, Al - March 6, 2017.
If you are disabled in Athens, AL and need help with a Social Security claim or appeal, there may be a lot of advantages to getting local help. It may be in your interest to avoid the big wholesale Social Security lawyers who advertise on TV but whose offices are in Chicago, Las Vegas or Detroit.
The first and most obvious advantage to a local professional is personal service. You can call your representative and speak to him or her any time. You won't have to go through a big call center. And your representative will know your name. You won't have to provide your case number or Social Security number every time you call.
Another advantage is accessibility. You can drop things off at our office, pick up forms you might need, or come in to see us face-to-face. This avoids calling distant 800 numbers and hoping someone will call you back. It may also avoid doing business by mailing paperwork back and forth, which may slow down your payments.
The Forsythe Firm was founded almost two decades ago to provide local, North Alabama representation for honest, hard working individuals who become disabled. Free consultations are available and you never pay us anything until your case is won and your benefits are PAID. Guaranteed.
PHONE (256) 431-1599 or (256) 799-0297
ATHENS SOCIAL SECURITY DISABILITY HELP
*Please note that we are a legal professional firm. We are not a Social Security office and are not affiliated with the US Social Security Administration.
If you are disabled in Athens, AL and need help with a Social Security claim or appeal, there may be a lot of advantages to getting local help. It may be in your interest to avoid the big wholesale Social Security lawyers who advertise on TV but whose offices are in Chicago, Las Vegas or Detroit.
The first and most obvious advantage to a local professional is personal service. You can call your representative and speak to him or her any time. You won't have to go through a big call center. And your representative will know your name. You won't have to provide your case number or Social Security number every time you call.
Another advantage is accessibility. You can drop things off at our office, pick up forms you might need, or come in to see us face-to-face. This avoids calling distant 800 numbers and hoping someone will call you back. It may also avoid doing business by mailing paperwork back and forth, which may slow down your payments.
The Forsythe Firm was founded almost two decades ago to provide local, North Alabama representation for honest, hard working individuals who become disabled. Free consultations are available and you never pay us anything until your case is won and your benefits are PAID. Guaranteed.
PHONE (256) 431-1599 or (256) 799-0297
ATHENS SOCIAL SECURITY DISABILITY HELP
*Please note that we are a legal professional firm. We are not a Social Security office and are not affiliated with the US Social Security Administration.
VA DISABILITY RATINGS ARE NOT BINDING ON SOCIAL SECURITY
During
the last decade, I have had the privilege of helping dozens of
disabled veterans in getting their Social Security disability benefits. My success
rate has been higher with veterans than with any other category of claims.
However, VA disability ratings are not binding on the Social Security Administration. The VA may issue a 90 or 100 percent disability rating and Social Security can still deny benefits.
The regulations governing VA benefits are different from those controlling Social Security. The evidence required by Social Security is also different, as are the procedures. The key to winning Social Security disability is to prove the case according to their rules.
There certainly may be advocates who understand both VA and Social Security rules. But I tend to think that they are very different "animals" and an expert in VA rules might not necessarily fare so well with Social Security and vice versa.
Finally, I notice that Social Security initially denies most claims--even those filed by disabled veterans. On appeal, most veterans can be approved. So, the lesson is: always appeal a denied claim within the 60 day deadline. This is true with veterans, just like it is with everyone else.
For a Free Case Evaluation or Help Call (256) 799-0297
or (256) 431-1599.
www.ForsytheFirm.com
However, VA disability ratings are not binding on the Social Security Administration. The VA may issue a 90 or 100 percent disability rating and Social Security can still deny benefits.
The regulations governing VA benefits are different from those controlling Social Security. The evidence required by Social Security is also different, as are the procedures. The key to winning Social Security disability is to prove the case according to their rules.
There certainly may be advocates who understand both VA and Social Security rules. But I tend to think that they are very different "animals" and an expert in VA rules might not necessarily fare so well with Social Security and vice versa.
Finally, I notice that Social Security initially denies most claims--even those filed by disabled veterans. On appeal, most veterans can be approved. So, the lesson is: always appeal a denied claim within the 60 day deadline. This is true with veterans, just like it is with everyone else.
For a Free Case Evaluation or Help Call (256) 799-0297
or (256) 431-1599.
www.ForsytheFirm.com
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