HUNTSVILLE DISABILITY GUIDE

Posted by:  The Forsythe Firm, Social Security Disability Advocates (256) 799-0297   No Fee Due Unless We Win & Obtain Back Pay for You A question we often get is, "Will drug abuse (or alcoholism) qualify me for Social Security disability benefits?" Or, "Will drug abuse (or alcoholism) disqualify me for Social Security disability benefits?" The answer to both questions is, No. A person may not qualify for Social Security disability merely on the basis of alcoholism or other substance abuse.  On the other hand, a person should not be disqualified merely on the basis of alcoholism or substance abuse. The definitive legal ruling on that is found in 20 CFR §404.1535:  "The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol." So an individual cannot qualify

Grid Rules is a term referring to the Medical-Vocational Rules found in CFR 20 404, Subpart P, Appendix II.  They guide a finding of either "disabled" or "not disabled" based on the claimant's exertional capacity* and vocational factors such as age, education and transferable skills. The "Grids" divide age into categories as follows: Advanced age (55 and over) Closely Approaching Advanced Age (50-54) Younger Individual (45 - 49) Younger Individual (18-44) As a Social Security disability case is being prepared, it is very important to refer to the Grid Rules. The judge who decides your case will likely use them as a guide if your medical condition does not meet a specific listing or your exertional capacity is sedentary or greater. Grid Rules do not apply to impairments caused by strictly  mental  disorders. *Exertional capacities are the classifications of work based on such factors as lifting, carrying, pushing, pulling, etc.  The clas

Earlier this year, the US Social Security Administration told US administrative law judges (ALJs) that they cannot use the internet to investigate disability claimants.  Senator Thomas Coburn (R-OK) responded by saying this ban removes a valuable tool to investigate fraudulent applications for disability benefits. Sen. Coburn used this example, which I have paraphrased.  Suppose an ALJ looks up an applicant on Facebook.  There he finds pictures and discussion of the applicant playing sports or participating in his bowling league.  If the applicant has claimed severe back problems on his application, his credibility is suddenly called into question. I caution my clients to stay off of Facebook and the social media and I believe that is still very good advice.  It remains probably the first place investigators look when trying to deny benefits (even for disability claims with private insurance companies). Use common sense but don't become paranoid.  For example, it's normally

Our firm frequently handles Social Security disability claims for individuals with a mental or emotional impairment.  I think there are 2 challenges to winning these type of claims for our clients. First, we should direct the claimant to good medical treatment.  Too often people will ignore psychological problems - sometimes because they are self-conscious, or perhaps because they think they can't afford treatment.  The lack of medical treatment not only hurts the ability to win a Social Security disability claim, it also results in the patient not getting better.  Our office will gladly provide you with non-profit clinics or mental health providers that may help at a fee you can afford to pay. The second challenge is, we have to show the results of the impairment in vocational terms.  How does this condition prevent the individual from working?  What mental functions are impaired?  Is it concentration, mood, memory, the ability to follow instructions, or the inability to get a

Here is a question that recently came across an advocate's desk via  a telephone inquiry: "I am disabled due to a serious disease.  However, I have a rather large balance in my savings account and I also receive a good income from investments I made years ago.  Can I still qualify for Social Security disability benefits?" The answer is, having money in the bank and investment income will not disqualify a person from receiving Social Security disability under Title II.  There is no means testing for a disability claim.  Simply put, a person could have a million dollars in the bank and if he or she meets the established requirements for disability, there is no reason they would not be approved. Now, if the "investment" income is being derived from owning a business where the claimant is still actively investing time and expertise, that may be a different matter.  But current income from stocks, bonds or most pension plans, for examples, would not disqualify

Here are a few important tips on how to improve your chances of getting a Social Security claim approved: Initial or Application Level Explain the exact duties of your past jobs (going back 15 years).  Use a Work History Report for this.  Be as specific as possible about your job duties. Explain how your illness or injury holds you back in day-to-day functions like walking, bending, doing yard work, concentration, etc. Have a close friend or family member complete a Third Party Function Report. Be sure to list all your doctors and medical providers with correct addresses. Complete and return any requested forms promptly. Keep any consultative exams arranged with doctors by Social Security. Appeal or Hearing Level Ask for an appeal in writing within 60 days of being denied (very important) Ask the hard questions of yourself:  Am I really unable to work?  Why?  Do I have enough medical evidence to prove it, or do I need to get more? Why is going to happen at the appeal