The Forsythe Firm in Huntsville, AL (256) 431-1599 - provides updated answers to common Social Security disability questions. This post was updated April 2014.
What percentage of Social Security disability claims get approved without a hearing? ANSWER: When we last checked, 29.9 percent of claims in Alabama were being approved, while the remaining 70.1 percent were denied and required a hearing. This remains an accurate number.
If I am denied at the initial level, won't I just be denied again at the hearing? ANSWER: Not necessarily. Of all the Social Security disability claims that are awarded (approved), a majority of them are awarded at the hearing level. You must first be denied in order to get to the hearing level. Here are the latest statistics for Alabama:
Claims Approved at Hearing: 44 percent
Claims Denied at Hearing 36 percent
Claims Dismissed (No hearing) 20 percent
Claims may be dismissed for a number of reasons and some of the dismissed claims may have been awarded as fully favorable "on-the-record" decisions. The point is, there is a better chance of winning at the hearing level than at the initial application level. Therefore, all denials should be appealed.
Will I be allowed to call a witness at my hearing? ANSWER: Generally, claimants may present a witness to testify for them at a hearing but this requires the permission of the presiding administrative law judge. Some judges prefer to "wait and see" whether a witness will be useful to the case before approving the witness.
I am extremely nervous about going before a judge. Can my spouse/friend attend the hearing with me? ANSWER: Not unless your spouse/friend is going to testify. Then, they would usually be called in only for their testimony, then dismissed. Social Security hearings are "closed" and spectators are not permitted in the hearing room. The only persons in the room would be the claimant, his/her representative, a hearing clerk, a vocational witness (if called), and the administrative law judge. Your attorney or representative is there to help you with all matters related to the hearing.
The Forsythe Firm - Social Security Disability Specialists - 7027 Old Madison Pike NW, Suite 108, Huntsville AL (256) 799-0297
Monday, April 14, 2014
SOCIAL SECURITY DISABILITY: QUESTIONS & ANSWERS, PART I
The Forsythe Firm in Huntsville, AL (256) 799-0297- has updated some of the most frequent questions we receive about Social Security disability benefits. This update is in two parts. This is Part One. Part Two is a separate posting on this site.
How long does it take to get a decision back on my application? ANSWER: In North Alabama, 90 to 120 days is the typical wait. This time can be shorter if you have a clear cut condition that is obviously disabling and the medical evidence is readily available. For example, if you are a veteran with a 100 percent permanent and total VA disability, your waiting time may be drastically reduced.Will Social Security send me to one of their doctors for an exam? ANSWER: It depends. If they feel they do not have enough recent medical evidence to make a decision, they will schedule an exam with a doctor with whom they contract. This probably happens in about 20 percent of all cases. If a a consultative exam is scheduled, you should attend.
How is my back pay calculated? ANSWER: If your claim is approved, you can be paid to the established onset date (the date you first became unable to work). Since there is a 5 month waiting period, five full months will be deducted from the back pay to satisfy this waiting period. Also, there are rules about how far back your payments can go.
How is my attorney or non-attorney representative paid? ANSWER: Your representative can only charge a fee if you win and also collect back payments. The amount of the fee will be governed by two things: (a) the fee agreement between you and your representative, and (b) Social Security Administration's approval of the proposed fee. Typically, Social Security will approve a fee equal to 25 percent of total back payments, not to exceed the established maximum fee.
What if my representative wants to charge me a fee even though I received no back pay? ANSWER: This is against Social Security's regulations and is not permitted. (Actual out-of-pocket expenses are not considered a fee and representatives handle these expenses in different ways).
GO BACK FAR ENOUGH ON YOUR DISABILITY ONSET DATE
The Forsythe Firm in Huntsville, AL offers this tip to help you maximize your Social Security disability benefits. Contact us for help with a disability claim at (256) 431-1599.
You can claim disability benefits "backwards" in time - going back to the date the disability began in many cases. Asking for benefits back to the "alleged onset date" (when you first became unable to work) may allow you to collect thousands of dollars in back pay.
You will need medical evidence showing that you were, indeed, unable to work at the time of your "alleged onset date." This does not necessarily have be a statement from your doctor that says, "John Doe became unable to work on (date)." Medical evidence includes:
If you break your arm and expect to be off work for 3 months, for example, that will not qualify for Social Security benefits. On the other hand, if you have a herniated disc in your back and the doctor says you will be off work for an indefinite period, you should probably go ahead and file a disability claim (since there is no clear recovery date).
Our office will help you evaluate your claim against Social Security regulations and requirements. If we feel you have a legitimate claim, we can help you file the application and forms. We can also help gather medical evidence and put together a case for you. There will never be a fee for this service until you (a) win your case and (b) recover back pay. Our fee will be a percentage of back pay recovered. If you do not win, or do not receive back pay, there is no fee.
Contact us for free information: (256) 799-0297 or (256) 431-1599. Web page: www.Get-SS.com
National Organization of Social Security Claimants Representatives
You can claim disability benefits "backwards" in time - going back to the date the disability began in many cases. Asking for benefits back to the "alleged onset date" (when you first became unable to work) may allow you to collect thousands of dollars in back pay.
You will need medical evidence showing that you were, indeed, unable to work at the time of your "alleged onset date." This does not necessarily have be a statement from your doctor that says, "John Doe became unable to work on (date)." Medical evidence includes:
- Doctors' records and treatment notes
- Hospital or emergency room records
- Records of medications you have been taking
- Documents from your employer showing the last date worked.
- Workers Compensation claims records (if any)
- Employer's disability plan payments (if any)
- Other documentation about your condition or work dates
If you break your arm and expect to be off work for 3 months, for example, that will not qualify for Social Security benefits. On the other hand, if you have a herniated disc in your back and the doctor says you will be off work for an indefinite period, you should probably go ahead and file a disability claim (since there is no clear recovery date).
Our office will help you evaluate your claim against Social Security regulations and requirements. If we feel you have a legitimate claim, we can help you file the application and forms. We can also help gather medical evidence and put together a case for you. There will never be a fee for this service until you (a) win your case and (b) recover back pay. Our fee will be a percentage of back pay recovered. If you do not win, or do not receive back pay, there is no fee.
Contact us for free information: (256) 799-0297 or (256) 431-1599. Web page: www.Get-SS.com
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