TIP: PROVE WHEN YOU BECAME DISABLED

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.

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).

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:

• 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.

In short, a successful application for Social Security disability benefits is a very involved process.  That's why most people (about 80 percent) choose to be represented professionally in the appeal process.  Most judges will delay a hearing to advise the claimant of their right to be represented and will wait to give the claimant time to find a representative.
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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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:

1. Appeal.
2. Appeal
3. Appeal

There is a strict 60 day deadline to file an appeal.  Filing the appeal is easy.  Preparing for a successful hearing (which comes next) is not easy.  Consider representation.

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.