We can spend so much time proving that an individual is disabled that we neglect to prove the date on which he/she became disabled. That date is called the "alleged onset date." Once it is approved by Social Security, it is called the "established onset date." Payments can often be made back to this date, so it is important.
The claimant should determine exactly when he/she first became unable to work. SSA will require a month/day/year for the start of disability. If the disability is the result of an accident, such as an on-the-job injury or car wreck, the date may be very easily determined. However, if the impairment is natural and came on gradually, the date of disability may be more subjective.
The date you stopped working may be a good starting point for deciding the alleged onset date. However, some people struggle to keep working after they have actually become disabled. If you had to cut back your hours to part-time, consider the date you became a part-time worker as a possible date of disability. Earnings need to be considered here, as well. In 2013, earnings of at least $1,040 per month equate to "substantial gainful activity" (SGA) and usually make you ineligible for disability payments for the months in which you earned that amount.
When submitting medical evidence, such as doctor's records, be sure they support your alleged onset date. If you began having medical problems in January but did not see a doctor until March, you may have difficulty proving an onset date in January. Therefore, a vital question is: When did you first see a doctor for this condition? Was the condition severe enough to prevent you from working or to substantially affect your ability to work on that date?
The date your disability began is an important point to prove in a Social Security disability case. It can mean thousands of dollars in benefits to you.
The Forsythe Firm - Social Security Disability Specialists - 7027 Old Madison Pike NW, Suite 108, Huntsville AL (256) 799-0297
Sunday, December 15, 2013
TIP: READ THE DENIAL LETTER
Many people read like I do. They skim the first paragraph to find what they want to know, then throw away the rest of the letter. In a denial letter from Social Security, however, it may pay you to read the entire decision notice.
Somewhere in the letter, usually toward the last page, it will tell you WHY you were denied. This can be very important in preparing an appeal. If you know why you got denied, you can potentially fix the problem and have more success in the next round--the appeal.
For instance, I once had a claimant who was denied because Social Security had assigned him the wrong functional capability. They contended that he could do light exertion level work, when the truth is he could only perform sedentary level work. He was extremely limited in his ability to stand or walk for long periods of time.
Upon appeal, I was able to successfully argue that the residual functional capacity (RFC) used by Social Security was wrong and that when the correct sedentary level was applied, the claimant was disabled under Social Security rules. The judge agreed and awarded full back pay.
Further, you can dig into the record to obtain the determination worksheets that the Disability Determination Service used in their reviews of the application. These will tell you the process used to make a decision on your claim, including how each piece of medical evidence was evaluated. Ask for the entire file on an electronic disc and review it carefully. (Your representative will do this if you have an attorney or non-attorney representative working on your appeal).
Somewhere in the letter, usually toward the last page, it will tell you WHY you were denied. This can be very important in preparing an appeal. If you know why you got denied, you can potentially fix the problem and have more success in the next round--the appeal.
For instance, I once had a claimant who was denied because Social Security had assigned him the wrong functional capability. They contended that he could do light exertion level work, when the truth is he could only perform sedentary level work. He was extremely limited in his ability to stand or walk for long periods of time.
Upon appeal, I was able to successfully argue that the residual functional capacity (RFC) used by Social Security was wrong and that when the correct sedentary level was applied, the claimant was disabled under Social Security rules. The judge agreed and awarded full back pay.
Further, you can dig into the record to obtain the determination worksheets that the Disability Determination Service used in their reviews of the application. These will tell you the process used to make a decision on your claim, including how each piece of medical evidence was evaluated. Ask for the entire file on an electronic disc and review it carefully. (Your representative will do this if you have an attorney or non-attorney representative working on your appeal).
Wednesday, December 11, 2013
TIP: HOW TO FILE A SUCCESSFUL DISABILITY APPLICATION
A successful disability application has several vital components. An
application should not be quickly "thrown together," for it is a
complicated process, especially if it is to have a chance to be
successful. Here are some points to consider for a successful Social
Security disability application in Alabama:
IMPORTANT: Under Social Security law, you cannot be charged a fee for representation until you win your disability claim. All work must be performed on the contingency of winning before a fee is due.
THE FORSYTHE FIRM - Social Security Disability Representatives
CALL (256) 431-1599 or (256) 799-0297
You Can Get a Free Case Evaluation - Click Here - See Homepage
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- Severity Requirement. You must show that your illness or impairment is severe. You also must prove that it results in more than moderate restrictions of function.
- Duration Requirement. You must demonstrate that your severe impairment has lasted--or is expected to last 12 consecutive months or more - OR that it is expected to end in death (terminal).
- Insured Status. It will be necessary to have insured status under Title II disability insurance. This requires a sufficient work history to have accumulated the required "quarters of coverage."
- Medical Support. Your claim should be supported by both objective medical evidence (records) and medical opinion evidence. Opinion evidence is in addition to the usual medical records.
- Vocational Requirements. A claimant must demonstrate that he/she cannot (a) perform any past relevant work, that is, work performed during the most recent 15 year period, and (b) that he/she cannot perform any other work in the national, regional or local economy. This will require a super-detailed explanation of all past relevant work.
- Knowledge of Social Security Rules and Regulations. Social Security disability is governed by specific rules found in parts 1-99 of the Code of Federal Regulations, Section 404 and by the Hearings, Appeals and Litigation Law Manual (HALLEX). In addition, procedural requirements are specified in the Program Operations Manuals System (POMS). These are thousands of pages of specific legal information that are unfamiliar with most persons. A knowledge of these rules and regulations can be of vast importance and add to the success of your disability claim.
- Appeal Process. In 70 percent of disability cases in Alabama, it will be necessary to appeal the initial decision. This process requires a knowledge of the rules and regulations specified in the above paragraph.
IMPORTANT: Under Social Security law, you cannot be charged a fee for representation until you win your disability claim. All work must be performed on the contingency of winning before a fee is due.
THE FORSYTHE FIRM - Social Security Disability RepresentativesCALL (256) 431-1599 or (256) 799-0297
You Can Get a Free Case Evaluation - Click Here - See Homepage
Keywords: successful social security disability al
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Sunday, December 1, 2013
3 MOST IMPORTANT THINGS YOU CAN DO IF DENIED FOR DISABILITY
I do not intend this post to be cute or sarcastic. Not at all, because it is a serious matter. I do want it to get your attention and to make a point.
If you apply for Social Security disability and your application is denied, the 3 most important things you can do are:
If you apply for Social Security disability and your application is denied, the 3 most important things you can do are:
- Appeal.
- Appeal
- Appeal
VOCATIONAL FACTORS IN SOCIAL SECURITY DISABILITY
Vocational factors consist of your age, your work history, your work
skills, and your educational background.
Vocational factors come into play when you have applied for Social Security Disability benefits but you do not have a medical or mental condition that matches the requirements for a medical listing in Social Security’s blue book or impairment listing manual. For example, you may not have had the required number of hospitalizations or your blocked artery may not meet the percentage set forth in the blue book, but it is still obvious that you are disabled by your condition. Although your condition may not be eligible for Social Security Disability benefits under those listings, your application can still be approved if the examiner finds that you have a severe disability that prevents you from working.
If you do not meet a "listing," you will need a "mosaic" of medical evidence that shows how severe a combination of your impairments are and how those limitations affect your ability to function in a work environment.
Vocational factors come into play when you have applied for Social Security Disability benefits but you do not have a medical or mental condition that matches the requirements for a medical listing in Social Security’s blue book or impairment listing manual. For example, you may not have had the required number of hospitalizations or your blocked artery may not meet the percentage set forth in the blue book, but it is still obvious that you are disabled by your condition. Although your condition may not be eligible for Social Security Disability benefits under those listings, your application can still be approved if the examiner finds that you have a severe disability that prevents you from working.
If you do not meet a "listing," you will need a "mosaic" of medical evidence that shows how severe a combination of your impairments are and how those limitations affect your ability to function in a work environment.
Saturday, November 30, 2013
MENTAL IMPAIRMENTS ARE IMPORTANT
Don't minimize the effect of mental impairments on disability. Depression, anxiety, attention deficit disorder, personality disorder, PTSD, or other mental disorders can cause disability.
"Disability" is defined as the inability to perform substantial gainful activity, which in 2013 means earning at least $1,040 per month.
The inability to concentrate, follow spoken or written instructions, respond appropriately to co-workers or supervisors, or to make simple work related decisions could indicate disability.
Mental impairments must be diagnosed by your doctor and examination by a psychologist or psychiatrist is even better. Your doctor should also evaluate the severity of your symptoms. If your physician or psychologist can provide you with a "medical source statement" showing how your symptoms will affect your function at work, it is extremely helpful.
"Disability" is defined as the inability to perform substantial gainful activity, which in 2013 means earning at least $1,040 per month.
The inability to concentrate, follow spoken or written instructions, respond appropriately to co-workers or supervisors, or to make simple work related decisions could indicate disability.
Mental impairments must be diagnosed by your doctor and examination by a psychologist or psychiatrist is even better. Your doctor should also evaluate the severity of your symptoms. If your physician or psychologist can provide you with a "medical source statement" showing how your symptoms will affect your function at work, it is extremely helpful.
Sunday, November 24, 2013
DON'T FORGET THE SIMPLE THINGS
I make my living practicing Social Security disability advocacy. You would be surprised how many times I see little things that can delay or derail a Social Security disability claim. I'd like to spend a few lines here briefly warning claimants about the "little things" that can bog down your disability claim.
Incomplete Applications or Forms. An incomplete form leaves Social Security guessing at the information you leave blank. They don't have time to look it up for themselves. The answers they assume may harm your chances of getting an award.
Not Giving a True Assessment of Your Functional Capacity. Most people over-estimate what they can do. How long can you stand at one time? How far can you walk without resting? How much can you lift? Can you do things like yard work, vacuuming, laundry, shopping? I am amazed at what claimants sometimes write down for these questions when I know there is no way they can do the activity for as long as they are estimating. It is important what you say here. You must be truthful, of course. But give answers that accurately describe actual limitations. For example, if you can clean your house but it now takes you 2 days instead of 2 hours--that is a significant limitation that should not be answered simply, "Yes." Explain.
Ignoring Your Work History. At some point, a vocational rehabilitation expert will probably go over your job history. His or her purpose is to tell Social Security if (a) you can still do any of your past work, and (b) if there are other jobs you can still do. List all jobs you had within the past 15 years and give a detailed description of job duties, including standing, sitting, lifting, pushing/pulling, bending, reaching, crouching, crawling, kneeling, climbing, etc. This form is called the Work History Report and it is extremely important because Social Security disability has both a medical and vocational aspect.
Incomplete Applications or Forms. An incomplete form leaves Social Security guessing at the information you leave blank. They don't have time to look it up for themselves. The answers they assume may harm your chances of getting an award.
Not Giving a True Assessment of Your Functional Capacity. Most people over-estimate what they can do. How long can you stand at one time? How far can you walk without resting? How much can you lift? Can you do things like yard work, vacuuming, laundry, shopping? I am amazed at what claimants sometimes write down for these questions when I know there is no way they can do the activity for as long as they are estimating. It is important what you say here. You must be truthful, of course. But give answers that accurately describe actual limitations. For example, if you can clean your house but it now takes you 2 days instead of 2 hours--that is a significant limitation that should not be answered simply, "Yes." Explain.
Ignoring Your Work History. At some point, a vocational rehabilitation expert will probably go over your job history. His or her purpose is to tell Social Security if (a) you can still do any of your past work, and (b) if there are other jobs you can still do. List all jobs you had within the past 15 years and give a detailed description of job duties, including standing, sitting, lifting, pushing/pulling, bending, reaching, crouching, crawling, kneeling, climbing, etc. This form is called the Work History Report and it is extremely important because Social Security disability has both a medical and vocational aspect.
Saturday, November 23, 2013
HOW AGE AFFECTS SOCIAL SECURITY DISABILITY
Your age can have a
tremendous impact on your Social Security disability claim. The older
you are, the better your odds are of winning disability benefits. The
odds of winning increase dramatically for claimants over 50. They
increase again at age 55. Younger individuals can win disability
benefits - but the impairments generally have to be more severe.
For disability purposes, Social Security uses the following age categories:
18-44 - a younger individual. A claimant would either need to meet one of the Listings or show that he cannot perform even sedentary work. If an individual does not meet or equal a Listing, can perform even sedentary work and is able to read and write English (even with a poor education) he will have a difficult time winning an award at this age. Exceptions would be if the claimant has an extremely catastrophic illness, severe mental retardation, or if he/she meets a listing. (Listings describe severe symptoms that must be met).
Ages 45 - 49 - still a younger individual but Social Security realizes that the occupational base may be somewhat more limited for persons who are age 45 and over. If the applicant does not meet or equal a Listing, is limited to either light or sedentary work and is literate (reads and writes in English) - he will likely be found not disabled. An individual in this age category can win disability for severe physical and/or mental conditions that limit nearly all work activities.
Ages 50 - 54 - This age category is considered "closely approaching advanced age," and the burden of proving disability gets a bit easier. Education and past work experience are key factors. If a person has a "residual functional capacity" (RFC) that limits him to sedentary work, has no skilled work history and no transferable skills, and has a limited education (less than high school diploma), he will probably be found "disabled" even though he doesn't meet or equal a listing.
Age 55 + - is considered "advanced age." This is the relatively easiest category for disability applicants. Education and past work experience are very important at this level. An individual in this age group who has less than a high school diploma and no transferable skills--who is further limited to sedentary or light work - is likely to be found disabled.
For disability purposes, Social Security uses the following age categories:
18-44 - a younger individual. A claimant would either need to meet one of the Listings or show that he cannot perform even sedentary work. If an individual does not meet or equal a Listing, can perform even sedentary work and is able to read and write English (even with a poor education) he will have a difficult time winning an award at this age. Exceptions would be if the claimant has an extremely catastrophic illness, severe mental retardation, or if he/she meets a listing. (Listings describe severe symptoms that must be met).
Ages 45 - 49 - still a younger individual but Social Security realizes that the occupational base may be somewhat more limited for persons who are age 45 and over. If the applicant does not meet or equal a Listing, is limited to either light or sedentary work and is literate (reads and writes in English) - he will likely be found not disabled. An individual in this age category can win disability for severe physical and/or mental conditions that limit nearly all work activities.
Ages 50 - 54 - This age category is considered "closely approaching advanced age," and the burden of proving disability gets a bit easier. Education and past work experience are key factors. If a person has a "residual functional capacity" (RFC) that limits him to sedentary work, has no skilled work history and no transferable skills, and has a limited education (less than high school diploma), he will probably be found "disabled" even though he doesn't meet or equal a listing.
Age 55 + - is considered "advanced age." This is the relatively easiest category for disability applicants. Education and past work experience are very important at this level. An individual in this age group who has less than a high school diploma and no transferable skills--who is further limited to sedentary or light work - is likely to be found disabled.
TIP # 1 - GET A MEDICAL SOURCE STATEMENT (PART I)
A "medical source statement" is a form completed by one of your treating
doctors. The form gives a complete but to-the-point evaluation of the
functional limitations caused by your impairment. For example, the MSS
will state how much you can lift, how long you can stand and sit, limits
on your ability to walk, bend, stoop, push/pull, etc. A different form is used for mental impairments.
Many people assume that routine medical records will include this information. It does not. Others assume that Social Security will ask the doctor for this form. They do not. It is up to the claimant or his representative to get this form completed and to submit it to Social Security.
A properly completed Medical Source Statement is, in my view, the single most important piece of evidence that can be provided in a Social Security disability claim. It increases the odds of an award tremendously, and it can speed up the process quite a bit. Getting your doctor to agree to complete this form may be a challenge. But you should always try.
If you have questions about your disability claim, please contact me in Huntsville. (256) 799-0297.
Many people assume that routine medical records will include this information. It does not. Others assume that Social Security will ask the doctor for this form. They do not. It is up to the claimant or his representative to get this form completed and to submit it to Social Security.
A properly completed Medical Source Statement is, in my view, the single most important piece of evidence that can be provided in a Social Security disability claim. It increases the odds of an award tremendously, and it can speed up the process quite a bit. Getting your doctor to agree to complete this form may be a challenge. But you should always try.
If you have questions about your disability claim, please contact me in Huntsville. (256) 799-0297.
Friday, November 22, 2013
GET A 'MEDICAL SOURCE STATEMENT' FROM YOUR DOCTOR (PT. 2)
TODAY'S TIP:Get a medical source statement from your doctor.
This is perhaps the most important tip that can help get you approved.
No, Social Security will NOT ask for this and they will not do it for you. You must go to your doctor and get it yourself and send it to Social Security. Then, call and make sure they got it. (They loose stuff).
What is a medical source statement? For physical conditions, it is a 7 page form that asks the doctor many detailed questions about what you can and cannot do, physically. (For mental conditions, there is a 3 page form). This information is NOT contained in your doctor's medical records. Getting this form is above and beyond anything Social Security will do for you. Let me stress, you must take the initiative and take charge of this part of the claim for yourself - between you and your doctor who treats you.
This form may be the single most important key to winning a Social Security disability claim. That's because Social Security goes by functional limitations (what you can no longer do), not by fact that you have a certain medical condition.
Medical Records - Focus on diagnosis of your illness and what treatment was given.
Medical Source Statements - Focus on your function - what you can and cannot do.
Which one does Social Security pay more attention to? Function. That means the Medical Source Statement signed by your doctor may weigh 100 times more than just the medical records. (Note: Some doctors will not complete a MSS but if yours will, it is often worth the effort).
This is perhaps the most important tip that can help get you approved.
No, Social Security will NOT ask for this and they will not do it for you. You must go to your doctor and get it yourself and send it to Social Security. Then, call and make sure they got it. (They loose stuff).
What is a medical source statement? For physical conditions, it is a 7 page form that asks the doctor many detailed questions about what you can and cannot do, physically. (For mental conditions, there is a 3 page form). This information is NOT contained in your doctor's medical records. Getting this form is above and beyond anything Social Security will do for you. Let me stress, you must take the initiative and take charge of this part of the claim for yourself - between you and your doctor who treats you.
This form may be the single most important key to winning a Social Security disability claim. That's because Social Security goes by functional limitations (what you can no longer do), not by fact that you have a certain medical condition.
Medical Records - Focus on diagnosis of your illness and what treatment was given.
Medical Source Statements - Focus on your function - what you can and cannot do.
Which one does Social Security pay more attention to? Function. That means the Medical Source Statement signed by your doctor may weigh 100 times more than just the medical records. (Note: Some doctors will not complete a MSS but if yours will, it is often worth the effort).
EXPLAIN YOUR WORK HISTORY FULLY
Tips for getting approved for Social Security disability benefits.
TODAY'S TIP:
Explain your past work fully and accurately on your application.
Here's why. Social Security must determine whether you can perform any of your "past relevant work." This is all work you have done on a full-time basis during the past 15 years. You need to accurately list how much you lifted, carried, pushed/pulled, etc. on each job. You should also estimate the amount of standing, sitting, reaching, bending, crouching, crawling, etc. that each job required. The more you were required to do at each job, the less likely you are now able to perform that job. For example, if you had to lift up to 50 pounds on your past work, and you can now lift only 20 pounds, you can no longer perform the past work.
Also, Social Security must determine whether or not you have any skills that will transfer from past work to other work. This requires a thorough description of the functions you performed at each of your past jobs. (I once had a case for an electrician's helper who was said to have transferable electrical skills. When I questioned this, it was found that the helper mostly drove the truck and carried items like tools and ladders, with no electrical experience at all). It pays to list every job and the exact requirements and functions of each job. This is normally reported on a form called "Work History Report." If Social Security does not send this form to you, you should find the form, complete it carefully and send it in in time for it to be considered prior to any decision on your claim. Yes, this form may take you hours to complete if you are careful, but it is worth the time. If you have an attorney or representative, he/she will complete this for you.
TODAY'S TIP:
Explain your past work fully and accurately on your application.
Here's why. Social Security must determine whether you can perform any of your "past relevant work." This is all work you have done on a full-time basis during the past 15 years. You need to accurately list how much you lifted, carried, pushed/pulled, etc. on each job. You should also estimate the amount of standing, sitting, reaching, bending, crouching, crawling, etc. that each job required. The more you were required to do at each job, the less likely you are now able to perform that job. For example, if you had to lift up to 50 pounds on your past work, and you can now lift only 20 pounds, you can no longer perform the past work.
Also, Social Security must determine whether or not you have any skills that will transfer from past work to other work. This requires a thorough description of the functions you performed at each of your past jobs. (I once had a case for an electrician's helper who was said to have transferable electrical skills. When I questioned this, it was found that the helper mostly drove the truck and carried items like tools and ladders, with no electrical experience at all). It pays to list every job and the exact requirements and functions of each job. This is normally reported on a form called "Work History Report." If Social Security does not send this form to you, you should find the form, complete it carefully and send it in in time for it to be considered prior to any decision on your claim. Yes, this form may take you hours to complete if you are careful, but it is worth the time. If you have an attorney or representative, he/she will complete this for you.
SUBMIT A WORK HISTORY REPORT
Need to get Social Security disability started? Here is today's tip for getting Social Security disability benefits approved.
Submit a complete Work History Report with your application. The work history should detail carefully all the jobs you have held within the past 15 years. You should list how much standing, walking, sitting, lifting, bending, etc. you were required to do on each job. This form can be downloaded from the internet.
If we can be of any help to you in filing a disability claim, appealing a denied claim, or helping you with a hearing, please call us. Free inquiries. Never a fee unless you win and get back pay.
THE FORSYTHE FIRM
Social Security Disability Specialists in Huntsville
PHONE: (256) 799-0297 Toll Free: 855-854-CASH
Visit Our Website Here
Submit a complete Work History Report with your application. The work history should detail carefully all the jobs you have held within the past 15 years. You should list how much standing, walking, sitting, lifting, bending, etc. you were required to do on each job. This form can be downloaded from the internet.
If we can be of any help to you in filing a disability claim, appealing a denied claim, or helping you with a hearing, please call us. Free inquiries. Never a fee unless you win and get back pay.
THE FORSYTHE FIRM
Social Security Disability Specialists in Huntsville
PHONE: (256) 799-0297 Toll Free: 855-854-CASH
Visit Our Website Here
DETERMINE HOW LONG YOU WILL BE OFF WORK
Here is today's tip for winning Social Security disability.
Contact the Forsythe Firm for representation
(256) 799-0297 or 855-854-CASH (2274)
Click here to visit our website
- Remember that Social Security disability is a long term disability program. It does not provide any temporary or short term benefits. Your disabling condition must last, or be expected to last, for at least 12 consecutive months to qualify. For example, if you must have surgery and will be off work for 4 to 6 months, then you would not qualify for Social Security disability benefits. Check with your doctor to see how long you are expected to be unable to work before filing your claim. You are not required to be off work for 12 months before applying, however. The requirement is that you have an impairment that is expected to last for 12 months or more. When filing, it is important to demonstrate with medical evidence (such as a form or letter from your doctor) that you will be unable to work for at least 12 consecutive months.
Contact the Forsythe Firm for representation
(256) 799-0297 or 855-854-CASH (2274)
Click here to visit our website
SHOW THE SIDE EFFECTS OF MEDICATIONS
Today's tip for winning Social Security disability.
List and explain all the adverse side effects of each medication you take. For example, if your blood pressure medication or pain medication makes you drowsy during the day, explain this. If you need to lie down and take a nap after taking a certain medication, be sure to list this. You can add these details either in the "remarks" section at the end of your application, or in a form called "Function Report - Adult." If you experience regular and severe side effects from prescribed drugs, these can result in your inability to regularly perform work related activities. Make your side effects known.
Get personal help from the Forsythe Firm - free unless we win your case and get back pay for you. Call us today at (256) 799-0297 for a free consultation.
Visit the Forsythe Firm's website here
"Free Consultations - No Fee Unless You Win and Get Paid"
(256) 799-0297 Toll Free Call 855-854-CASH (2274)
List and explain all the adverse side effects of each medication you take. For example, if your blood pressure medication or pain medication makes you drowsy during the day, explain this. If you need to lie down and take a nap after taking a certain medication, be sure to list this. You can add these details either in the "remarks" section at the end of your application, or in a form called "Function Report - Adult." If you experience regular and severe side effects from prescribed drugs, these can result in your inability to regularly perform work related activities. Make your side effects known.
Get personal help from the Forsythe Firm - free unless we win your case and get back pay for you. Call us today at (256) 799-0297 for a free consultation.
Visit the Forsythe Firm's website here
"Free Consultations - No Fee Unless You Win and Get Paid"
(256) 799-0297 Toll Free Call 855-854-CASH (2274)
HIRE A FREE HELPER
Today's Social Security Disability Tip:Hire
a free worker. Where do you get free workers? Social Security law
provides free professional help for everyone who applies for Social
Security Disability. At least, it provides that you cannot be charged
for any work on your claim until you win and collect benefits. In fact,
you cannot be charged a fee unless you win and collect a lump sum
settlement of either retroactive benefits or "back pay." Therefore,
you are not running up any legal bills and run no risk of having to pay
an attorney or advocate out of your own pocket. When your claim is
successful (and you get paid), Social Security will withhold a small
percentage of your back pay as a fee for the representative. If you do
not win, or do not receive any back pay, you never owe a fee.
Therefore, you can get the professional help you need to win without
risking any out-of-pocket expense up front. There is a higher
probability of winning if you have adequate professional representation.
CALL THE FORSYTHE FIRM (256) 799-0297
Visit Our Website Here
CALL THE FORSYTHE FIRM (256) 799-0297
Visit Our Website Here
Tuesday, November 19, 2013
HOW TO HAVE A SUCCESSFUL HEARING
In Alabama a hearing is the second step in the Social Security disability process. If your claim is denied you can take your case before a US Administrative Law Judge. You will meet with this judge (and others) and present the reasons why you feel your case should be approved. The ALJ can make a favorable decision for you. Here are some things that can help your hearing be a success.
First, know your burden of proof. Know what facts you must prove to win your case. Review all documents in your file. Make some notes.
Submit any new medical evidence. This should be submitted at least 7 days prior to the hearing. (Do not duplicate records that are already in your file).
Take a witness to the hearing, someone who knows you well and can give personal, first hand information about your physical and/or mental limitations.
Watch out for the vocational expert (VE). This individual will testify about what kind of jobs you may still be able to perform. You or your representative (attorney) can ask this VE about the jobs that he/she says are available for you. This is called a cross examination. It is probably the most critical part of the hearing.
For example, the VE may testify that you can still do the work of a food and beverage order clerk. It is simple, unskilled work and may be performed mostly while sitting down. If the judge agrees that you can do this type of work on a full-time basis, you will probably be denied. It is up to you or your representative to show that the VE is wrong, that you cannot do this job or any job like it. Usually, this is done by showing that you have more limitations than the VE is counting.
For instance, you may ask: "Could a person whose memory is very poor perform this job?" If the VE says no, and your records support a very bad memory, you have gained a chance to win your case. You might also ask, "Could an individual with severe migraine headaches which cause her to be absent from work 3 or more days per month hold this job on a full-time basis?" The VE will probably say no. If the medical evidence supports the fact that you would probably miss 3 or more days of work each month, you have won your case, probably.
The trick is, you have to know which questions to ask. You have to match the limitations or symptoms you allege to those that are documented in the medical record. You also have to know which limitations are severe enough to prevent sedentary work.
(256) 799-0297 for more information
First, know your burden of proof. Know what facts you must prove to win your case. Review all documents in your file. Make some notes.
Submit any new medical evidence. This should be submitted at least 7 days prior to the hearing. (Do not duplicate records that are already in your file).
Take a witness to the hearing, someone who knows you well and can give personal, first hand information about your physical and/or mental limitations.
Watch out for the vocational expert (VE). This individual will testify about what kind of jobs you may still be able to perform. You or your representative (attorney) can ask this VE about the jobs that he/she says are available for you. This is called a cross examination. It is probably the most critical part of the hearing.
For example, the VE may testify that you can still do the work of a food and beverage order clerk. It is simple, unskilled work and may be performed mostly while sitting down. If the judge agrees that you can do this type of work on a full-time basis, you will probably be denied. It is up to you or your representative to show that the VE is wrong, that you cannot do this job or any job like it. Usually, this is done by showing that you have more limitations than the VE is counting.
For instance, you may ask: "Could a person whose memory is very poor perform this job?" If the VE says no, and your records support a very bad memory, you have gained a chance to win your case. You might also ask, "Could an individual with severe migraine headaches which cause her to be absent from work 3 or more days per month hold this job on a full-time basis?" The VE will probably say no. If the medical evidence supports the fact that you would probably miss 3 or more days of work each month, you have won your case, probably.
The trick is, you have to know which questions to ask. You have to match the limitations or symptoms you allege to those that are documented in the medical record. You also have to know which limitations are severe enough to prevent sedentary work.
(256) 799-0297 for more informationFriday, November 15, 2013
4 WAYS TO BE FOUND DISABLED
Most people are not aware that there are 3 general ways of being found disabled by the Social Security Administration. These are
Meeting a Listing. Social Security publishes a list of impairments which are divided into 13 body systems. It gives a list of various impairments and all the specific symptoms that must be demonstrated to "meet or equal a listing," that is, show the required level of severity. Meeting a listing automatically results in a finding of disability. Because the required severity levels are quite extreme and the necessary symptoms quite specific, listings are often difficult to meet.
Use of a Grid Rule. Social Security publishes a "grid" that takes into account the claimant's functional capacity, age category, education and past relevant work experience to draw a conclusion about disability. These rules direct a finding of either "disabled" or "not disabled" based on the 4 factors mentioned above. An individual over age 50, with limited education, no skilled or semi-skilled work history and a functional capacity limited to sedentary work would have the very highest profile to be found "disabled." (Other individuals who do not meet this profile can certainly be found disabled, it's just that their chances are relatively lower).
Combination of Impairments as a Guideline. If an individual does not meet a listing and is not shown disabled by a Grid Rule, he/she may still make the case that severity level of combined impairments make him/her unable to work, therefore, disabled. This is a very common way to be found disabled, in fact. This is the way most hearings or appeals are approached by attorneys and advocates. We seek to show that even though a person does not meet a Listing, he/she has severe impairments, the symptoms of which make full-time work impossible. We can use both physical and mental symptoms to show this. Let me stress that all the symptoms must be documented with strong medical evidence. It is not enough to make empty claims before a judge. Those claims must be medically supported.
Combination of Impairments as a Guideline often work best for younger individuals (under age 50), who have high school educations or higher, and who have skilled or semi-skilled work history. For example, if you have a college degree, are only 35 years old, but have impairments so severe that you cannot perform work related activities 8 hours a day, 5 days per week, you are disabled. Yet, you may not meet a Listing or a Grid Rule. A hearing is often necessary to show that you really are disabled in spite of the preconceived rules.
To get information about a Social Security disability claim, including a free evaluation, contact:
THE FORSYTHE FIRM (www.Get-SS.com)
Social Security Disability Advocates
7027 Old Madison Pike Suite 108
Huntsville, AL 35806 PH: (256) 799-0297 Toll Free: 855-854-CASH
- by being blind
- by meeting a Social Security Listing (Part 404, Subpart P, Appendix I)
- by use of a Grid Rule (Part 404, Subpart P, Appendix II)
- by using a combination of impairments and symptoms as a framework for disability
Meeting a Listing. Social Security publishes a list of impairments which are divided into 13 body systems. It gives a list of various impairments and all the specific symptoms that must be demonstrated to "meet or equal a listing," that is, show the required level of severity. Meeting a listing automatically results in a finding of disability. Because the required severity levels are quite extreme and the necessary symptoms quite specific, listings are often difficult to meet.
Use of a Grid Rule. Social Security publishes a "grid" that takes into account the claimant's functional capacity, age category, education and past relevant work experience to draw a conclusion about disability. These rules direct a finding of either "disabled" or "not disabled" based on the 4 factors mentioned above. An individual over age 50, with limited education, no skilled or semi-skilled work history and a functional capacity limited to sedentary work would have the very highest profile to be found "disabled." (Other individuals who do not meet this profile can certainly be found disabled, it's just that their chances are relatively lower).
Combination of Impairments as a Guideline. If an individual does not meet a listing and is not shown disabled by a Grid Rule, he/she may still make the case that severity level of combined impairments make him/her unable to work, therefore, disabled. This is a very common way to be found disabled, in fact. This is the way most hearings or appeals are approached by attorneys and advocates. We seek to show that even though a person does not meet a Listing, he/she has severe impairments, the symptoms of which make full-time work impossible. We can use both physical and mental symptoms to show this. Let me stress that all the symptoms must be documented with strong medical evidence. It is not enough to make empty claims before a judge. Those claims must be medically supported.
Combination of Impairments as a Guideline often work best for younger individuals (under age 50), who have high school educations or higher, and who have skilled or semi-skilled work history. For example, if you have a college degree, are only 35 years old, but have impairments so severe that you cannot perform work related activities 8 hours a day, 5 days per week, you are disabled. Yet, you may not meet a Listing or a Grid Rule. A hearing is often necessary to show that you really are disabled in spite of the preconceived rules.
To get information about a Social Security disability claim, including a free evaluation, contact:
THE FORSYTHE FIRM (www.Get-SS.com)
Social Security Disability Advocates
7027 Old Madison Pike Suite 108
Huntsville, AL 35806 PH: (256) 799-0297 Toll Free: 855-854-CASH
FREE ANSWERS TO YOUR DISABILITY QUESTIONS
Social Security disability is a complex matter. Many people have questions that they simply can't answer. If you are one of those people, feel free to contact an experienced Social Security disability advocate with questions. We charge no fee to answer questions about disability or SSI benefits.
Call us at (256) 799-0297 or Toll Free at 1-855-854-CASH.
Here are a few questions we answer frequently:
What are basic requirements to get Social Security Disability (SSD)?
Call us at (256) 799-0297 or Toll Free at 1-855-854-CASH.
Here are a few questions we answer frequently:
What are basic requirements to get Social Security Disability (SSD)?
- You are blind OR have a serious medically determinable impairment expected to last 12 months or longer (or expected to result in death).
- The physical or mental limitations imposed by this impairment prevents you from doing any type of full-time work on a sustained basis (8 hours a day/5 days per week).
- You must have worked enough (and recently enough) to be covered by SSDI.
- No. Owning a lot of assets or having money in the bank will not disqualify you. (The rules are different, however, for Supplemental Security Income or SSI).
- In my state of Alabama, slightly less than 30 percent of applications are approved on the first attempt. Many of these claims, however, are won on appeal (at a hearing).
- Social Security law does not allow an attorney or representative to charge a fee until 2 things occur: (1) Your case is successful, meaning benefits are approved, and also (2) You receive a lump sum settlement, usually called "back pay" or retroactive benefits. Then, Social Security will usually approve a fee of 25 percent of back pay for your representative. Future monthly benefit amounts are NOT affected in any way.
Thursday, November 14, 2013
HOW TO DOUBLE YOUR ODDS FOR SOCIAL SECURITY DISABILITY
What you don't know about Social Security disability can hurt you.
Do you know that Social Security does not make the yes or no decision on your application? That's correct. They farm out the process to state agencies staffed by state employees. Typically, these state run agencies are called "Disability Determination Services" or some similar name. A state employee reviews your evidence and makes a decision about whether or not you are "disabled according to our rules." If your claim is denied, the letter will come from Social Security. But they are not the ones who decided.
Knowing that prevents the following mistake: Refiling your application for disability benefits. Re-applying will probably get you the same result--another denial. All you're doing by re-applying is wasting valuable time. The same stage agency will review the same evidence again and reach the same decision--another denial. Reapplying gets you nowhere fast (OK, it gets you nowhere very slowly).
What you should do is to request a hearing. This moves the ball out of the state agency (DDS) court and puts it into play in the Social Security Administration. Your claim will now go to a specialized agency within the US Social Security Administration called ODAR, which stands for the Office of Disability Adjudication and Review.
Just by asking for a hearing, you may nearly double you chances of getting approved.(The odds of initial approval in Alabama are below 30 percent. Many judges in Alabama have award rates above 60 percent). Of course, there's no guarantee that you will win at the hearing level, but the odds improve significantly, especially if you have professional counsel and a good case.
One catch: You only have 60 days to request a hearing. 60 days begins with the date on the denial letter. Request the hearing in writing and take it to any Social Security office and wait for a receipt.
Check out our website here.
Do you know that Social Security does not make the yes or no decision on your application? That's correct. They farm out the process to state agencies staffed by state employees. Typically, these state run agencies are called "Disability Determination Services" or some similar name. A state employee reviews your evidence and makes a decision about whether or not you are "disabled according to our rules." If your claim is denied, the letter will come from Social Security. But they are not the ones who decided.
Knowing that prevents the following mistake: Refiling your application for disability benefits. Re-applying will probably get you the same result--another denial. All you're doing by re-applying is wasting valuable time. The same stage agency will review the same evidence again and reach the same decision--another denial. Reapplying gets you nowhere fast (OK, it gets you nowhere very slowly).
What you should do is to request a hearing. This moves the ball out of the state agency (DDS) court and puts it into play in the Social Security Administration. Your claim will now go to a specialized agency within the US Social Security Administration called ODAR, which stands for the Office of Disability Adjudication and Review.
Just by asking for a hearing, you may nearly double you chances of getting approved.(The odds of initial approval in Alabama are below 30 percent. Many judges in Alabama have award rates above 60 percent). Of course, there's no guarantee that you will win at the hearing level, but the odds improve significantly, especially if you have professional counsel and a good case.
One catch: You only have 60 days to request a hearing. 60 days begins with the date on the denial letter. Request the hearing in writing and take it to any Social Security office and wait for a receipt.
Check out our website here.
TIPS FOR WINNING SOCIAL SECURITY DISABILITY - HUNTSVILLE
This site presents updated and practical tips for winning Social Security disability benefits in the Huntsville AL area. We post a new tip regularly, one that has worked for us and can help you, too.
Tip Number One - If your application is denied, notice the date on the top of your denial letter (page 1). File a notice of appeal within 60 days of that date. This appeal should be made in writing and delivered to a Social Security office. Denials are common. They occur in about two-thirds of all applications. A high percentage of these denials can and will be won if they are appealed. And you may recover back pay for the months you had to wait on the appeal.
Tip Number Two: If you live in Alabama, ask for a hearing. Alabama no longer requires the same process as 40 other states do. You can skip "reconsideration" and all that stuff and ask for a hearing. (It will take months to get a hearing, but you can appeal a denial directly to an administrative law judge).
Tip Number Three: Know your rights. You have a right to be represented by counsel. By federal law, an attorney or representative cannot charge you a fee unless you (a) win your claim, then (b) collect lump sum retroactive benefits - or "back pay," as it is often called. If you lose, you never pay any legal fees.
THE FORSYTHE FIRM
Social Security Disability Specialists
7027 Old Madison Pike NW Suite 108
Huntsville, AL 35806
PH: (256) 799-0297 or (256) 431-1599
HOW MY FIRM CAN HELP YOU WITH DISABILITY
Tip Number One - If your application is denied, notice the date on the top of your denial letter (page 1). File a notice of appeal within 60 days of that date. This appeal should be made in writing and delivered to a Social Security office. Denials are common. They occur in about two-thirds of all applications. A high percentage of these denials can and will be won if they are appealed. And you may recover back pay for the months you had to wait on the appeal.
Tip Number Two: If you live in Alabama, ask for a hearing. Alabama no longer requires the same process as 40 other states do. You can skip "reconsideration" and all that stuff and ask for a hearing. (It will take months to get a hearing, but you can appeal a denial directly to an administrative law judge).
Tip Number Three: Know your rights. You have a right to be represented by counsel. By federal law, an attorney or representative cannot charge you a fee unless you (a) win your claim, then (b) collect lump sum retroactive benefits - or "back pay," as it is often called. If you lose, you never pay any legal fees.
THE FORSYTHE FIRM
Social Security Disability Specialists
7027 Old Madison Pike NW Suite 108
Huntsville, AL 35806
PH: (256) 799-0297 or (256) 431-1599
HOW MY FIRM CAN HELP YOU WITH DISABILITY
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