Many people hire a disability representative by calling a toll free number they see on late night TV. Then, they are surprised that the lawyer who shows up for their hearing is nothing like the guy on TV.
Keep in mind that the people who make TV commercials are most likely actors--hired because of the way they look and speak. In many cases, they are not lawyers or advocates at all, just actors, paid to read a script and produce TV commercials.
You certainly cannot ask these TV spokesmen any questions. In most cases, the firm which answers your phone call will be thousands of miles away in a distant city. You won't even meet your attorney/advocate until a few minutes before your hearing.
Here is what's more surprising. The lawyer who shows up for your hearing will probably be from right here in Huntsville or a nearby town. The big firm you called will not fly a lawyer down to Alabama, it's too expensive. They will contract with a local lawyer who is already here and pay him/her to attend your hearing for them. The only problem is, you don't get any say so about who represents you, they just show up. So you get a representative assigned to you-- sight unseen.
Wouldn't you rather hire your own attorney/advocate and get to choose the person who is going to represent you? Some questions for the out-of-state firm you call before you commit:
1) Where is your office located?
2) Do you have an office in Alabama?
3) Who will actually show up for my hearing?
4) When will I get to meet this person?
The past military service provided by veterans may help them be approved for Social Security disability benefits.
This is because Social Security must consider all "past relevant work" performed prior to filing for disability--but only looking back for 15 years.
Since military service is usually performed at a heavy exertion level, it is easier to reach a conclusion that the claimant cannot continue to perform such work.
When applying for SSDI benefits, be sure to completely fill out the Work History Report and accurately show the amount of lifting, standing, bending, reaching, crouching, crawling and walking associated with each job held during the past 15 year period.
I should note that Social Security is likely to deny veterans on their first attempt. The chances are much better at the appeal level. I can usually mount a pretty good argument that the veteran is not able to meet the requirements of any job performed in the military--or any other full-time job in the national economy.
Unfortunately, many former service members have severe symptoms of PTSD, depression or anxiety. Under SSR 85-15 and SSR 96-9p, this may qualify the veteran for SSDI benefits.
Understanding how Social Security reaches their decisions can greatly help the veteran to be approved, especially at the appeal level.
I call them trick questions. I'm not sure the judge calls them that. But these are questions that can quickly derail your Social Security disability hearing and head you off in a bad direction. Here are some examples:
1. Why did you quit your last job? Or, why did you stop working?
If you can't honestly answer that you quit working because you were unable to continue, then you are not a good candidate for the Social Security disability program. It is a disability program and disability is the only thing they will pay for. They will not pay for being laid off, your company closed, all the employees had to transfer to Topeka, or you had to stay home and
2. After you stopped working at (Employer), did you look for another job?
If you answer yes, it sounds like you believed you were able to work but just couldn't find a job. This question really goes back to Question 1. If you were able to find another job and continue working, then you were not disabled. Many claimants truthfully answer something like this: "I did not look for work because I didn't feel I would be able to hold a job because of (pain, migraines, seizures....etc.).
3. Have you worked since your alleged onset date?
If the answer is yes, it could be a problem. If you answered yes, let's look at your work after alleged onset to see if it rules out Social Security disability benefits.
First, was the work performed at substantial gainful activity (SGA)? In 2018, it is SGA if you had gross earning of $1,180 per month. This precludes a disability benefit for the months you had this much earnings. If your wages after your AOD were less than $1,180 per month, it technically doesn't preclude a disability benefit. That SGA limit was $1,170 in 2017, $1,130 for 2016, etc.
Also, if you had post AOD wages at or above the SGA limit, but the job lasted less than three months and you were forced to quit because of your medical condition, you can argue that the job was "failed work attempt." In other words, you tried to go back to work but were not able to do so.
There are a dozen or more questions that you should anticipate before going to your disability appeal hearing. Being prepared to give accurate, truthful information may help you avoid confusion and compromising your benefits (or back pay). The most perplexing questions often have very simple answers!
Most disability claims are denied by Social Security and must be appealed. The appeals are rather complex and I want to share how I approach preparing an appeal case.
An appeal is really taking the denied case before a US administrative law judge for a hearing. This is the only time the claimant gets to sit down face-to-face with a decision maker.
First, it is absolutely essential to obtain and submit all medical records prior to the hearing. This gives the judge ample time to review what is in the claimant's medical files. The decision ultimately will rest on evidence contained in these files. I will be very involved in getting all the medical files from doctors and other treatment providers.
Next, the medical records must be read and analyzed. What severe impairments does the claimant have? Where are they documented? What are the restrictions in function or activity reasonably produced by the impairments? In other words, how do the symptoms translate into the inability to perform work-like activities?
The claimant's vocational record must be analyzed. At Step 4 of the decision-making process, a judge will review all the jobs the claimant has held during the past 15-years. If the judge finds that even one of these "past relevant jobs" can still be performed by the claimant, the case will again be denied. So, work history needs to be set forth accurately. It is most important to properly classify each past job in terms of skill level and exertion level.
Most likely, I am going to contact the claimant's doctors and try to get statements supporting the disability claim. What I really want is a form called a "Medical Source Statement" from the doctor listing specific functional limitations--things like limitations on sitting, standing, walking, bending, lifting, memory, concentration, etc.
Also, I am going to analyze the entire body of evidence in relation to Social Security laws and regulations. I will be looking for a legal theory of the case: how do the regulations direct a finding of disability and approval of an award? The judge is bound to follow the law and I want to help him or her get to the correct decision as easily as possible. I nearly always submit a detailed written brief to the judge which maps out a legal reason to pay the claim. Does the claimant meet one of the Listings? Is there a Medical-Vocational Guideline that directs a favorable decision? Does the claimant have any transferrable skills? A lot of questions to answer!
Another important step is to meet with the claimant prior to the hearing date and prepare for testimony that will be given during the hearing. The claimant needs to know what to expect. What questions may be asked? What is meant by specific answers? What are the strong points in the case? The weak points? What problems may we encounter at the hearing? How do we avoid these problems or deal with them if they occur?
There are probably a thousand other details that I will address prior to the hearing date. I view a disability appeal as a complicated jigsaw puzzle. The pieces are never put together right until someone finds all the pieces and arranges them to show a complete picture. That is my job.
A friend of mine, who doesn't have a clue what a disability appeal involves, once told me, "You have a great job. You spend 30 minutes in a hearing and earn a nice fee." Of course, that's not true at all. I spend dozens of hours on a case before it ever gets to hearing. A good student does not spend 30 minutes taking a test and just happen to make an A. He studies long and hard before the test and that work pays off during the 30 minutes of the test. That's a pretty good analogy of the work that must be done prior to a hearing. The preparation is intense, personal and detailed.
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Contact Charles Forsythe at (256) 799-0297
Back pain is a very common problem and the Number One reason people get placed on Social Security disability. However, getting approved because of back pain is not easy.
I want to share some scenarios that will help your case be approved if you have back problems:
1) You are age 50 or over. Social Security is very reluctant to put anyone under 50 on disability. It is tougher for younger individuals.
2) There is fairly recent CT, MRI or X-ray evidence in your medical records that show a physical cause for back pain. That might be a herniated or bulging disc, central canal or neuroforminal stenosis, compression of a nerve root, etc.
3) You have a steady work history.
4) Your past work involved a lot of standing/walking, lifting, bending and physical exertion.
5) You have been advised to have back surgery because of a severe spinal impairment.
6) You had back surgery in the past which failed.
7) You are severely limited in your activities of daily living: shopping, cleaning, meal preparation, driving, and the other things we all do everyday.
8) There is current medical treatment and you are compliant with your doctor's recommendations.
9) Your treating doctor is willing to assist you by completing a Treating Source Statement, which is a special form specifying your exact limitations in such functioning as sitting, standing, walking, bending, lifting, etc. This form does NOT require a special examination. It provides the doctor's professional opinion as to how limited your ability to function is.
Ultimately, Social Security decision makers have to translate your medical evidence into vocational restrictions. What kind of work can you still do? Are you able to meet the requirements of any of your past jobs? Can you perform any other jobs available in the national economy (especially pertinent for claimants under age 50).
Generally, if Social Security feels that there is some work you can do on a full-time basis, they will deny the claim. If your symptoms are so severe and so persistent that there is no full-time work that you can do, there is a good chance of approval.
Some things will NOT be considered in a disability claim:
- Nobody will hire me, or I can't find a job.
- I can't live on minimum wage.
- I would not be interested in that type of work.
- There are none of those jobs in my local community.
- I don't have the skills to get a job.
None of these things are disability issues. I would describe them more as employment problems.
My office will be glad to look at any potential disability claim and evaluate it based on current Social Security regulations. If we agree to represent you, there is no fee unless you are successful in recovering back pay.
Most claimants who go through the appeal process do receive back pay.
Disability payments may be retroactive back to the original date of disability onset, or one year prior to the date of application, whichever is the latest date.
Back pay is calculated, then, by two factors:
1) The date you are determined to have become disabled
2) The date you filed your application for disability benefits (not the appeal, the original application).
The medical evidence must support the alleged onset date. If not, the decision maker will find a later than alleged onset date and reduce the back pay for a shorter time period. That's one reason why complete medical evidence is so important; it can mean more back pay.
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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Madison Pike, Suite 108
Huntsville, AL 35806
(256) 799-0297 Free consultations
Keep in mind that the people who make TV commercials are most likely actors--hired because of the way they look and speak. In many cases, they are not lawyers or advocates at all, just actors, paid to read a script and produce TV commercials.
