During a
Social Security appeal hearing, the claimant will give sworn testimony
before an Administrative Law Judge (ALJ). Questions will be asked by
the ALJ and by the claimant's own attorney or representative, if there
is one.
There are things to do and things not to do in giving testimony. The following tips are universally true for hearings:
1. Be specific. Avoid general, undefined terms. A little bit, not very often, just a little while, or once in a while are undefined. Those terms mean different things to different people. They tell the ALJ nothing. Instead of "not very often," you might say "about 3 times a week," or "once or twice a day." Instead of "not very much," you might say, "I can only lift about 10 pounds." The use of measurable terms like minutes, hours, days, weeks, feet, yard, etc. adds meaning and value to your testimony.
2.
Never lie or exaggerate. You should know that the ALJ knows a great
deal about you before the hearing starts. He or she had read your
medical file, your work history, your detailed earnings or wage reports,
and a lot more. If you smoke or drink, the judge knows it. Anything
you have told your doctor is probably in the record, open for the ALJ to
read. Aside from the fact that you are under oath, it is always in
your best interest to be truthful and open.
3. You
must be able to state why you stopped working. One of the first
questions will always be, "Why did you stop working at the ABC Company"
(your last job). The judge is trying to figure out if you stopped
working because of a medical condition (disability) or some other
reason. Other reasons are not covered by Social Security. Here are
some reasons for leaving the job that lead to denial of benefits (just
examples):
- The plant closed down due to the recession.
- I didn't get along with the boss so I just walked away.
- My car broke down and I had no way to get to and from work.
- My son, mother or (someone else) got sick and I had to stay home and care for them.
- I quit to look for a better job but I just never found one.
None
of the above has anything to do with disability and are not paid for by
Social Security. Before your hearing, think about your answer to this
question: "How did your last job end?" "Why did you leave your last job?"
4. Be able to answer this question: "In your own words, tell me why you believe you are unable to work." The key word is unable.
You want to explain your symptoms or limitations of function which make
it impossible for you to perform work 8 hours per day, 5 days per week
on a continual basis. So, you are going to talk about knee pain, back
pain, chronic headaches, fatigue, weakness....etc. The following are
NEVER reasons not to work:
- I can't find a job
- Nobody will hire me because......(whatever reason)
- I can't live on minimum wage
- They tell me I'd just be a liability to the company...
5.
Never answer a question you don't understand. The tendency is to make
up an answer just to keep things moving. But if you do this, it will
hurt (maybe kill) your case. If you don't understand the question, ask
that it be explained before you try to answer.
6. Understand that the requirements of a job may be asked two very different ways:
A.
How did you perform this job back in the day when you were working?
How much bending, lifting, standing or walking did your job
require--back when you were working full-time. In other words, what
were the demands of that job when you did it?
B. A very different question: How much do you think you can lift, bend, walk, etc. now (now that you are disabled). Key word: NOW. Note: This question may not be clear. Here's where to get the question clarified before you answer it.
________________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE STARTS HERE
SOCIAL SECURITY SUCCESS STORIES: Real accounts of successful disability cases from our files. (Names have been changed to protect privacy).
Rachael came to the Forsythe Firm after she had been denied several times for disability benefits. She had been denied, went before a judge and was denied there. She had filed a new claim and been denied. Now, she was waiting for her second hearing. She came to us for representation.
Rachael is an 18-year veteran of the US armed forces. She had served two overseas deployments. She has multiple medical issues that are not controlled by medications and has had several periods of hospitalizations. But it seemed that Social Security could not be convinced that she was unable to work. This may have been partly due to her age (under 50), which classified her as a "young individual" by Social Security.
We ordered updated medical records and obtained statements from Rachel's doctor. In preparing her case for trial, we spent a lot of time focusing on her functional limitations. We felt that Rachel would be unable to work any full-time job because of pain, confusion, dizziness and other symptoms that kept her off task.
However, we were concerned that she had already been denied three times. This was going to be her last real chance to convince a judge that she meets the federal qualifications for SSDI benefits.
On the hearing day, the judge asked Rachel a lot of questions about her past medical problems. She asked about her daily activities and why she felt she was unable to work. When my turn came to ask questions, I asked Rachel to describe her difficulties in daily functioning: things like driving, cleaning her house, preparing meals and shopping.
I pointed out medical history that supported her allegations.
About 30 days after the hearing, we received the judge's decision, which was Fully Favorable. The judge approved Rachel's benefits back to her alleged onset date under the new claim. She went a step further. The judge also reopened Rachel's older claim and paid it, too. This gave Rachel over two years of additional back pay. In total, her back payments amounted to almost $90,000, which she received in a lump sum. She also receives a monthly benefit and she gets Medicare insurance to pay her staggering medical bills. With Medicare Part D, Rachel is able to get her medications for a fraction of what she had been paying out-of-pocket. This was a life-changing victory for our client.
This is a case of getting help and not giving up. Social Security can be difficult and it can take a long time to prevail. Often, there are many steps on the road to approval. Usually, there are a few denials before approval happens. But you can't give up. And often you have to admit that you just can't do it yourself--so you get some help.
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THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE: START HERE
Our Email Address: forsythefirm@gmail.com
If I had to use one word to describe the Social Security Administration it would be "s-l-o-w." It's like most of the federal government: it can't get in a hurry.
I realize that most of the people who file for Social Security disability really need their money and need it now. But Social Security rocks along at its own speed, like a dinosaur with a fire under its tail.
Here are some estimates of how long it takes Social Security to do certain things. Remember, these are estimates or guesses based on averages. Your experience may be faster or even slower.
How Long Will It Take to Act on My Initial Disability Application? The average is about 90 to 120 days. It can take longer. But don't expect to get an initial decision in less than 3 months.
How Long Will "Reconsideration" Take? If your application is denied and you appeal (which you should do), the "Reconsideration" process usually takes 4 to 6 months. We've seen it take 10 to 12 months in extreme cases.
How Long to Get a Hearing Before an Administrative Law Judge (ALJ)? If Reconsideration denies your claim again, you will appeal again and ask for a hearing before and ALJ. While the waiting time to get a hearing has been falling in the last few months, we estimate your wait to be about 10 to 14 months for a hearing.
After the Hearing is Held, How Long to Get the Judge's Decision? The ALJ's decision can come anywhere from 30 days to 5 months following the hearing. I would say about 75 days is average to get your Notice of Decision, but it can take longer. There are no deadlines on Social Security.
If the ALJ Approves My Appeal, How Long to Get a Check? There is simply no way to know how long it will take one of the payment processing centers to write your check. I've seen checks arrive in 45 days, but I've also seen them take 4 or 5 months--after the judge's favorable decision has been issued. Most cases get paid within 90 days of the judge's written decision.
Is There Any Way to Speed Things Up? Usually, the answer is No, Social Security and the US Government cannot be switched to a higher speed. They operate at one speed for everyone. There are a few exceptions:
1. CRITICAL CASES. If the claimant has a terminal illness and death is expected within 6 to 12 months, he or she can request "critical case processing," which will usually speed up the case.
2. DIRE NEED. If a claimant is homeless or about to be evicted, or if they need urgent and emergency medical treatment which they cannot obtain, they may request to have a "dire need" recognized. In some cases, this can get action faster. The rules for dire need are very strict. The situation causing the "dire need" must be very immediate and very severe: homelessness, lack of food or housing, or inability to get emergency medical care.
3. Disabled Veterans designated as Wounded Warriors - can have their claims expedited.
Will Hiring an Attorney Speed Things Up? Honestly, no. Attorneys or representatives have no power to make Social Security act any faster than it does. However, if your case is being needlessly held up because paperwork has not been submitted or medical records have not been obtained, a representative may correct these problems and perhaps make the case move. But in ordinary circumstances, attorneys/representatives cannot rush Social Security.
Call us: (256) 799-0297
Email Us: forsythefirm@gmail.com
CHECK OUT OUR WEBSITE
Are you a disabled veteran or wounded warrior? Has the Veterans Administration awarded you a 50 percent or higher disability award? You may also be eligible to double your monthly benefits by applying for SSDI, which is Social Security disability.
Social Security can pay you as much as $2,861 per month in addition to your VA benefit. And if you have dependent children under the age of 19 and still in school, they may qualify for up to $1,430 in addition to the primary claimant's benefit.
Military personnel in all branches of the armed forces pay into the Social Security trust fund and are insured against disability. SSDI benefits do not reduce VA benefits or vice versa.
Some Things Veterans Should Know About SSDI
- SSDI requires a total disability, not a percentage, like the VA.
- Social Security has its own application and rules for approval.
- It may be possible to apply for SSDI while still receiving active duty military pay.
- You may not continue to work at substantial gainful activity while receiving SSDI payments; which is different than VA rules.
- Disabled veterans are frequently denied by Social Security and must go through the appeal process to get approved for SSDI.
- The Forsythe Firm wins a very high percentage of disabled veteran's claims in the appeal process.
- There can never be a cost for legal representation in SSDI claims until you win and recover back pay from Social Security.
The Forsythe Firm is located next to Redstone Arsenal's gate 9, just inside Research Park, and directly across from Bridge Street. We are veteran friendly, veteran savy and dedicated to getting your SSDI approved. Initial consultations are absolutely free and at no cost and no obligation. We are one phone call away.
______________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call us: (256) 799-0297
CHECK OUT OUR WEBSITE
Email us: forsythefirm@mail.com
In deciding disability claims, Social Security depends heavily on information supplied by the claimant's doctors. And all doctors are not created equal. They have pecking order with Social Security. A specialist is given more weight than a primary care physician or family practice doctor.
For instance, if you have heart disease, you want evidence from a cardiologist. If your problems relate to joint or spine disorders, you want evidence from an orthopedic doctor. A brain or seizure disorder begs for a neurologist, etc. By all means, if your disability involves a mental disorder (anxiety, depression, PTSD, etc.) do seek treatment by a psychiatrist or licensed psychologist (if you don't require medications). Note: There is a difference between a psychiatrist and a psychologist. The psychiatrist is an MD who can prescribe medications. The psychologist does not have a medical degree and cannot prescribe, but can do counseling or psychotherapy (talking).
Most people only see a specialist if their primary care doctor refers them. However, if you have a Social Security disability claim, it will be in your best interest to seek out a specialist.
We're seeing a lot of claims now involving fibromyalgia. This is a disease that is difficult to win benefits with. The best bet for fibromyalgia is a board certified rheumatologist.
So, it's not only important to have medical evidence from a treating doctor, it also helps to have treatment by the right doctor for your condition.
_________________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call us for a Free Consultation (256) 799-0297
SOCIAL SECURITY JUSTICE Begins Here
Email Us: forsythefirm@gmail.com
You will win your Social Security disability case and get paid, OR you will pay no fee and no expenses for your advocate or attorney's service.
The "contingency fee" arrangement required by Social Security works this way:
Your representative does all the work to file and develop your claim and/or appeal. This will include gathering all of the medical evidence and preparing to appear at any appeal hearings. It includes attending the hearing as your legal representative. No fee is charged and no expenses may be collected until BOTH of the following takes place:
A. Social Security agrees that you are disabled and pays your claim, AND
B. Your claim results in the payment of retroactive or "past due benefits," also called "back pay."
When these two conditions have been met, Social Security will approve a fee payment to your attorney/representative (based on the amount of backpay) and will withhold the approved fee from past due benefits and pay the representative directly.
This explains why attorney/representatives are careful in accepting new cases--because they can only get paid if they win and collect back pay for the claimant. Otherwise, all of their work is for free. But this also protects the claimant against running up fees for legal representation and then losing their case. Simply put, if you don't collect money you don't pay the attorney/representative. It's the closest thing to a risk-free proposition that exists in the US economy.
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Contact Us via Email: forsythefirm@gmail.com
Call Us: (256) 799-0297
CHECK OUT OUR WEBSITE
Social Security's guiding philosophy is that a person cannot work and be disabled at the same time. Work, when it reaches a certain level, automatically terminates an SSDI benefit. So, how much are you allowed to work on SSDI?
If you are receiving Social Security
Disability Insurance benefits (SSDI), you are not permitted to work
full-time or at "substantial gainful activity" (SGA). Simply put, in
2019, you cannot earn at least $1,220 per month in wages, salary, tips,
or self-employment income. If you do earn at least $1,220 per month,
you become ineligible for SSDI benefits and your check will be
terminated, even if you still consider yourself to be "disabled." It is the work which disqualifies you, not the income. Remember, you can't work and be disabled at the same time according to Social Security's rules and beliefs.
I might point out, also, that all your
wages get reported directly to Social Security by your employer.
Employers are required to deduct FICA taxes, which is a Social Security
tax. These wages are reported quarterly to Social Security and there is
a computer in Baltimore that matches these wages to your Social
Security number. It may take them months, or even years, but they will know if you work.
If you reach the maximum threshold of
$1,220 per month in wages, the computer will generate a "take action"
notice and you will be contacted about the termination of SSDI benefits. However, Social Security is slow in everything they do, so you may work for months, even years, before they contact you about your earnings. In that case, you may have received a lot of SSDI benefits that you will have to repay. I've known of individuals who had to repay $30,00 or $40,000 to Social Security because they worked and failed to report it.
The above information refers only to SSDI (Title 2) benefits, not to Supplmental Security Income (SSI) benefits. Any income, from almost any source, and in any amount, may affect eligibility under an SSI claim. The rules for SSI are different.
Technically, you are allowed to work and earn below $1,220 per month while on SSDI benefits. However, earnings may still trigger a Continuing Disability Review (CDR) because Social Security may want to re-examine your disability to see if you are now capable of full-time work. So, if you work and earn $1,100 per month, you are under the SGA limit. But that may still trigger a review to determine whether you are still disabled under Social Security's rules. ("If you can earn $1,100 you could earn $1,220" mentality).
So, be extremely careful with work-related earnings or wages while receiving SSDI benefits. If you are confused about any of this, you may want to get some professional advice before you potentially run into trouble with Social Security.
