BEATING THE SOCIAL SECURITY ODDS

I just looked up Social Security's record of disability applications filed between 2005 and 2014.  During that 10-year period, the average approval rate was only 23 percent.  Wow!  77 percent got denied at the application level and had to appeal. (I show this chart on the bottom of this post).

Fortunately, a high percentage of those denied claims were later approved on appeal.  That is, when an administrative law judge (ALJ) listened to the claimant and reviewed the medical evidence during a hearing, the benefits got paid, in a large percentage of cases.

Here is the chart for the period 2005-2014, and the numbers have not changed much since 2014.  (The numbers have not improved recently).



 If you're one of those unfortunate claimants who recently got a denial letter, please call the Forsythe Firm.  Our full-time job is helping honest, hard working people in Alabama to get approved for Social Security disability benefits--when they really deserve it.  If we don't get benefits for you, we work free.  And there's never an upfront cost to you.  We even buy the medical records needed for the judge.

PHONE (256) 799-0297 for a free consultation.

We never charge you a fee unless your claim is successful.

IRRITABLE BOWEL DISEASE & DISABILITY

There are a number of inflammatory bowel diseases which can so interrupt the workday as to make an individual disabled.These would include Crohn’s disease, ulcerative colitis, schistosomiasis and amebic colitis, among others.  Such illnesses are evaluated in Section 5.00 of Social Security's Blue Book.

These illnesses may preclude the ability to perform any full-time work because of regular symptoms, including:

• need to take frequent unscheduled restroom breaks
• unscheduled time away from work station to use the restroom
• need for a work station near an always-open restroom
• gastric pain that interferes with attention and concentration
• excessive missed days from work due to symptoms
• medication side effects

Judges are usually going to want to see treatment using various medication and to see that the treatment does not eliminate your symptoms. A form called a "treating source statement" from the claimant's doctor can be very supportive.  When possible, I also try to get statements from former employers or co-workers about how the symptoms caused problems performing work.  These are often winning cases.

CHOOSING AN ADVOCATE

You are likely to be working with your disability advocate or attorney for a long time.  Choose with care.  Some questions to consider:

• Are you comfortable talking to your advocate?  Does he or she seem to have a personal interest in your problem?

• Has he worked on cases similar to yours in the past?

• Is the office in a safe, convenient location?  (Although, with Social Security claims, you may only have to visit the office once or twice).

• What is the fee arrangement?  A contingency fee allows the advocate to collect a fee only if your case is successful.

• Be aware that the lawyer who advertises on TV will NOT the be lawyer who shows up for your hearing.  TV lawyers hire professional spokesmen who often look like movie stars and are chosen to gain your confidence.  The person who shows up at your hearing will not be one of these guys!  The TV law firm may be in California.  They will contract with a local (Huntsville) advocate to attend your hearing.  Why let them chooseyour advocate?  Choose one yourself!  You have a right to choose your advocate.  Don't let an out-of-state firm do it for you!

 

BEST TIPS FOR GETTING DISABILITY BENEFITS

Getting disability benefits is different with each individual.  No two cases are alike.  But here are tips that always work to the claimant's advantage.

1)  Get regular medical treatment and stay compliant with your doctor's treatment plan.  Attend checkups, take medication as directed, etc.

2)  If you get a denial, appeal in writing within 60 days of the notice.  The right to appeal vanishes after 60 days.

3)  See if your doctor will complete a Treating Source Statement for you.  This is a form specifying your functional limitations and showing why you can't work.

4)  Consider seeing a specialist if you can.  For instance, see a cardiologist for heart problems, an orthopedic doctor for back problems, or a psychiatrist for depression or anxiety.

5)  Avoid "red flag" issues that will cause problems in your appeal, such as drinking, drug abuse or inappropriate use of prescription drugs.

6)  Get an attorney or advocate to prepare for your hearing and please, don't wait until the last minute to do so.  I often get calls saying, "I have a hearing next week and I need someone to represent me last minute."  This isn't fair to you because no one can be prepared for this kind of event in a week.  It may be impossible to submit new evidence because of the 5 business day rule.  So, even if your attorney gets something from your doctor that could win your case, it may not be possible to submit it because the deadline has already expired.  Give your representative enough time to work.

Call us for a free consultation.  (256) 799-0297

SSI vs. SSDI

The Social Security Administration has been put in charge of two very different programs:

SSI - Supplemental Security Income--called Title 16.

SSDI - Social Security Disability Insurance - called Title 2.

IN A NUTSHELL:

SSI is a welfare program for elderly and disabled individuals with few financial resources and very low income.  You get benefits you must (1) Be age 65 or over, or disabled; (2) meet the limits for income and financial resources.  You are not required to have work credits for SSI.

SSDI is a disability insurance program for workers.  It is obtained by earning wages and paying FICA tax on those wages.*  Most people need 20 quarters of work out of the past immediate 40 quarters to be covered by SSDI.  In other words, you must have worked 10 out of the past 20 years.  In addition, you must meet the same disability rules as you would for SSI.  There are no financial limits for SSDI.  You do not have to have limited financial resources or limited household income for SSDI.

The maximum benefit possible for SSI is $750 per month in Alabama.  The maximum benefit for SSDI is $2,788 (however, few people get this much).

To receive either an SSI or SSDI benefit, you generally must prove that you have a medical condition that prevents working at any full-time job. 

Be aware that Social Security will deny about 7 out of 10 disability applications this year.  If you are denied, you must file a written appeal within 60 days, telling Social Security why you disagree with their decision.  You also want to request to appear before an administrative law judge.

According to the 2017 national average, about 45 percent of persons who appear at a hearing with an administrative law judge will have their benefits approved.  This makes an appeal very worthwhile, especially since it doesn't cost anything to appeal.  (If you don't win, your attorney/representative cannot charge you a fee).

I recommend that you get qualified representation for your hearing.
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FICA stands for Federal Insurance Contribution Act, a law requiring a mandatory  payroll deduction tax to fund Social Security and Medicare. If you have not paid an adequate amount of FICA tax, you are not covered by Social Security disability benefits. 

CAN MY CHILDREN GET SOCIAL SECURITY IF I AM DISABLED?

Dependents of disabled parents may receive Social Security payments.  Generally, a dependent child must be under the age of 19 and still in school (has not graduated high school).

If you need assistance with a Social Security disability claim or appeal, please call me at the Forsythe Firm.  We're conveniently located across from Bridge Street Town Centre here in Huntsville.  We handle cases from all over Alabama and middle Tennessee.  There is never a charge for our representation until you win and recover back pay.



Contact me at (256) 799-0297.

REQUIREMENTS FOR SOCIAL SECURITY DISABIILTY

Social Security is the largest disability program in the world.  The average beneficiary receives about $1,150 per month in disability benefits; however, the maximum benefit can be over $2,600 per month.

The basic requirements for a disability check:  You have a severe and medically determinable impairment which has lasted, or is expected to last, at least 12 consecutive months OR to end in death.

When Social Security speaks of a severe impairment, they generally mean one that prevents the ability to work any full-time job.

Social Security has the most strict definition of disability of anyone providing disability benefits.  It is much more strict than required by most private insurance companies, for example.

What does it mean that an impairment must be "medically determinable"?  This means that the impairment must be diagnosed by a qualified medical practitioner using objective examinations, laboratory findings or other acceptable signs of disease or injury. 

 It isn't enough for a claimant to complain of back pain, for instance.  Social Security will want an X-ray or MRI of the spine to show the cause of pain.

Here are some common problems claimants run into with Social Security disability claims.

• The claimant has not worked enough to be covered by Social Security disability (called Title 2).
• The claimant has worked but stopped working more than 5 years ago and Social Security coverage has terminated.
• There hasn't been much medical treatment, therefore, little or no medical evidence.

If individuals considering a Social Security claim will all my office, I will give them a free consultation and explain their options with regard to Social Security.  We may also be able to help with the application process, including appeals that are often required to get a benefit approved.

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THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 325806


Call me for a free consultation
(256) 799-0297

SOCIAL SECURITY OFFICE SERVING ATHENS

Athens, AL is served by the Decatur Social Security office.  There has not been a Social Security office in Athens for over 20 years.

Here is the contact information for the Decatur office:

717 McGlathery Lane
Decatur, AL 35601
PHONE (888) 289-9185

Since Social Security offices now serve several counties, they have discontinued local phone numbers and use toll free numbers.  The above number rings at the Decatur, office.

There is also an office in Huntsville, located at 4970 Research Park Drive, NW.  That office can be reached at (866) 593-0665.

SOCIAL SECURITY GETS FUNDING INCREASE

After 10 years, Congress is finally trying to reduce the disability backlog which has now exceeded 1 million persons waiting on a decision for their disability case.

Attached to the new 1.3 trillion dollar spending bill for 2018, Congress increased Social Security's funding by $480 million.

$100 million will target reducing the 600 day average wait it takes to get a disability decision.  Some members of congress noted that it often takes years to get a decision on a disability claim.  In fiscal 2017, over 10,000 claimants died while waiting for a decision.

Since working makes individuals ineligible for disability benefits, claimants have to do without while Social Security struggles to make a decision, usually after a hearing before a judge.  In 2018 there are over 1 million people waiting to get before a judge.

With an average wait time of 600 days, disabled individuals often do without essentials.  They may lose their home, car, health insurance, life insurance and do without medical care.

The new budget provides $100 million for new judges and support staff.  It allows $280 million to update information systems, allowing decision makers to work through cases faster.

While this sounds like a lot of money, disability advocates say it is a drop in the bucket.

Charles Forsythe, a partner at the Forsythe Firm in Huntsville, AL notes that it's been ten years since Social Security has had a meaningful budget increase.  "The workload has at least doubled in the last ten years," Forsythe says, "while the staff has dwindled due to hiring freezes and budget cuts."

Forsythe says that he is hopeful that the budget increase will help the backlog of disability cases a little.  "But I don't expect a miracle," he says, noting that it will take a long time for Social Security to dig out of the severe backlog.

"It's incredible to me that Huntsville, Alabama--with a metro-area population of over 400,000 only has one hearing room," Forsythe observed.  "And they're now talking about closing that one."  That would force Madison County residents to travel just to have a hearing.

"I don't know if the budget increase will save Social Security in Huntsville or not," he says. 

A BETTER WAY FOR YOUR DOCTOR TO HELP YOU GET DISABIILTY BENEFITS

You have a Social Security hearing coming up on your disability claim.  You approach your doctor about filling out a form to support your claim.  The doctor is busy but offers to give you a letter, instead.  Here's an example of a doctor's letter:

"Mr. Joe Claimant has been a patient of mine for over 20 years.  He suffers from back pain, migraine headaches, high cholesterol, high blood pressure and depression.  In my opinion, Mr. Claimant is not able to work and is fully disabled."  Signed [John M. Doctor, MD].

Why Social Security judges will probably ignore this letter?

The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law.  (20 CFR 404.1527).

Doctors are not permitted to decide who is disabled under the federal regulations.  The fact that your doctor believes you are disabled is not dispositive.

It would be far better if your doctor specified why you cannot work.  For example, if he provided your restrictions on such activities as sitting, standing, walking, bending, lifting, crawling, kneeling, crouching, paying attention, remembering, etc. Doctors are permitted to assess your individual functional limitations, but not to draw conclusions about whether you are disabled.

There is a form that I like to use for doctors.  It's called a Medical Source Statement.  Some people call it a Residual Functional Capacity form.  It nearly always carries more weight with Social Security decision makers, especially judges, than letters do.  The reason is obvious:  the form keeps doctors away from drawing conclusions and allows them to estimate functional restrictions, according to Social Security regulations.

I will provide this form free to anyone requesting it.
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THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

https://forsythefirm.wixsite.com/website