HUNTSVILLE DISABILITY GUIDE

Grid Rules are published as part of the 20 Code of Federal Regulations and are also called Medical-Vocational Guidelines.  The grids combine your age, education, past work skills and residual functional capacity to form a guide to determine if you are disabled. If you combine all the above factors and the grids point to "disabled," you should qualify for benefits.  However, you may still qualify even if the grids do not point that way.  You could still qualify by proving that a combination of all your impairments make you unable to perform any work available in the local, regional or national economy. Many advocates and attorneys will refer to the grids before deciding whether to take a case.  I prefer to dig a little deeper than the grids.  One example of where the grids are of no help is a case involving mental impairments.  Mental impairments are not measured by "exertion levels" and, therefore, the grid rules do not apply. For strict...

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...

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 medical history (records) which detail the severity of your condition(s) and how they limit your ability ...

Social Security disability is a type of insurance.  Like all insurance, it began on a certain date and will expire on a certain date.  The expiration date depends on when you stop working.  Usually, Social Security disability insurance expires about 4 years after you stop working.  (This can vary depending on several factors). The last day you are covered by Social Security disability insurance is called your "Date Last Insured" or DLI.  You cannot file a new claim after your DLI.  Let me use this example.  Let's say I purchase a homeowners insurance policy from the XYZ Mutual Insurance Co.  My coverage is for one year.  It begins on January 1, 2013 and expires on December 31, 2013. If I have a new claim on my policy on February 15, 2014, I have no insurance because my policy has already expired. If you want to be sure you have Social Security disability insurance, you can call your local Social Security office or call 800-772-1213....

Many people make the mistake of filing a new application when their Social Security disability claim is denied.  This is usually not the best move.  Often, it is better to appeal your original decision than to file a new application.  Here are some benefits of appeal that you may lose by filing a new application. You can keep your earlier, original alleged onset date. You will very likely get more back pay with an appeal if it is successful. You avoid the risk of an "expired" eligibility period after your Date Last Insured. Benefits may accumulate during the appeal but they do not with a new claim. Those are only a few of the things to consider if your claim is denied.  Another factor is this:  Your new application will go to the very same agency that denied you before.  Most likely, it will just be denied again.  Filing one new application after another is spinning your wheels. It's much better to put some sand under the tires, so to speak, ...

Many times, after you apply for Social Security disability, SSA will write you and ask you to report to a certain doctor for a consultative examination.  At this exam, paid for by Social Security, a doctor working under contract with the SSA, will perform an examination to determine the extent of your medical impairments. Many claimants wrongly assume that this doctor will find evidence of an impairment that will help win their case.  Not likely.  Unless you are paralyzed, confined to a wheelchair, require oxygen 24/7, or have some other catastrophic, obviously serious impairment, the consulting doctor will probably fail to find any disabling conditions. Here are some of the factors that I generally assign to explain the fallacy of consultative examinations by Social Security doctors.  I say in general because there are exceptions.   The doctor will probably spend 5 to 15 minutes with you.  He turns out patients like an assembly line.  Unlikely ...

When you file a Social Security disability claim in Alabama, the application goes to a state agency in Birmingham known as the Disability Determination Service, or DDS.  An examiner at DDS will make the decision as to whether you meet the eligibility requirements for Social Security disability.  In 7 out of 10 cases, the answer will be, No - you do not.   If you examine the denial carefully, here's what you will find.  DDS followed the 5 Step determination process required by law.  I want to explain the 5 steps.  Note carefully how Step 5 can be used to deny most disability claims.  Here is the process and typically how we see most cases decided  at the initial level in Alabama: Step 1:   Is this claimant now working at substantial gainful activity?  No.  He/she has stopped working. Step 2:   Does this claimant have a severe impairment that could reasonably be expected to display the symptoms that the claimant a...

WHEN MAY YOU APPOINT A REPRESENTATIVE IN A DISABILITY CLAIM? Posted on 2013-10-19 11:56:22 I am disabled and have already filed a disability claim with Social Security.  I now believe I am in over my head.  Is it too late to appoint a representative to help me? ANSWER:   You may appoint a representative at any point in the Social Security disability process.  Look for a professional representative with experience in handling Social Security claims.  The representative will take care of filing all the necessary forms and notifying Social Security of his or her appointment. Remember that 70 percent of SSDI claims filed in Alabama will be denied the first time and will require an appeal to win benefits.  At the appeal stage, the representative can be especially helpful to you.  You will not pay any fee unless you win your claim and get back pay or retroactive pay. THE FORSYTHE FIRM SOCIAL SECURITY DISABILITY SPECIALISTS PHONE:...

For some reason the telephone numbers for Alabama Social Security offices can be hard to find.  For the benefit of our readers, the Forsythe Firm has listed some of the most requested Social Security offices in North Alabama - and their telephone numbers.  Most offices are open 9 AM to 3 PM, except Wednesdays - open each Wednesday from 9 AM to noon. Albertville Social Security office - 800-521-0073 Athens Social Security office - call the Decatur, AL office at 888-289-9185 (There is no office in Athens). Cullman Social Security office - 877-803-6362 Florence Social Security office - 855-884-3407 Huntsville Social Security office - 866-593-0665   Decatur Social Security office - 888-289-9185   Scottsboro Social Security office (Call the Huntsville office) ________________________ If you need an advocate to help prepare a Social Security claim, or to appeal an unfavorable decision, contact us at the Forsythe Firm. (We are not affiliated with the US So...

I recently represented a Social Security disability claimant in Cullman.  I am convinced she suffered from severe depression and probably other serious mental health issues.  She also had unrelenting back pain with difficulty standing for any prolonged period.  She was approaching advanced age and had a limited education.  She belonged on disability according to the law. She had one problem.  With no health insurance and no money to pay doctor's bills, she had not been to a doctor in several years.   In spite of what the media experts say, Social Security does not dole out disability benefits to individuals who don't have strong medical evidence of impairments.  They don't take a person's word for it. It's more difficult to get on SSDI today than at any point in history.  How, then, can a claim like this one be approached? Simply put, the claimant must get medical evidence that she has a severe impairment that prevents her from working....

As we have discussed so often, Social Security disability decisions are often unfavorable.  When this happens, the claimant has 60 days to file an appeal and ask for a new decision. Failure to file an appeal within the 60 day limit can have serious effects, costing time and money.  Here's an example: Joe is denied for Social Security benefits on October 1.  He fails to file an appeal within 60 days.  Now, he must file a new claim and wait to be denied again. He will lose his original protected filing date.  If it takes 5 months to get the denial, he has probably lost at least 5 months of potential back payments.  In some cases, he could also become ineligible for any benefits because he has past his "date last insured." (Date last insured is the day on which your Social Security disability insurance expires). It is tremendously important to note that failing to appeal a denial of Social Security disability benefits within 60 days usually has costly pe...

If Social Security finds that a claimant can perform any "past relevant work," then he is not eligible for Social Security disability benefits. The term "past relevant work" may not be what it seems, however.  In order to qualify as past relevant work (prw) - the following 3 things must be true: The work was performed during the past 15 years. The work was performed at the level of substantial gainful activity (simply defined as full-time work). The work was performed long enough for the claimant to learn how to do the work. If any one of the above requirements are not met, then the work fails the definition of "past relevant work." For example, I once had a claimant who had worked for 3 years as an electrician's helper.  The vocational expert classified this as semi-skilled past relevant work.  Therefore, if the claimant could still perform the work of an electrician's helper, he would not be disabled. The problem is that the claimant...

Why it Matters When You File People often ask whether it matters when you file for disability.   The answer is yes.  When you file for Social Security disability, SSA will ask if your medical condition has lasted or can be expected to last for 12 months or more.   If the answer is no, your application will be denied.  Social Security provides no benefits for short term disability that lasts less than one year.   Does that mean that you must wait 12 months from the date you become disabled to file your claim?  Absolutely not.  If you expect your condition will last at least 12 months into the future, go ahead and file for benefits.  It is in your best interest not to wait too long, for a number of reasons.  Let's look at an example.  A worker named Joe has an injury and becomes unable to work on January 1, 2013.  Social Security has a 5 month waiting period, so the earliest he could possibly qualify for ...

Besides complete medical records, what is the best tool to help win a Social Security disability claim? Here at the Forsythe Firm, we like to use a Medical Source Statement or Residual Capacity Form completed by the treating physician.  These are forms which explain how the claimant's illness, injury or conditions will affect his or her ability to work.  The form will give the doctor's opinion on such things as:  how much can the person lift?  How long can the individual stand and sit?  Can the claimant climb stairs or ramps? The challenge is to convince your doctor to complete this form for you.  Doctors often refuse to complete the form.  It takes some of the doctor's time.  Some doctors will tell you they are "not qualified," to complete the form; however, any treating doctor may do so.  Some doctors take the attitude, "They have my medical records and that is enough."  Of course, if that were true we wouldn't be asking for the fo...

As a Social Security disability advocate in Huntsville, I try to help individuals get their SSDI (Social Security Disability Insurance) benefits approved as quickly as possible.  Sometimes, an individual does not want to hire me but simply wants some advice on how to "do it myself."  My advice is given here for the benefit of other "do-it-yourselfers" who want to take on the US Social Security Administration alone. List all doctors, psychologists, clinics, hospitals or ERs you have visited for two years prior to the date you claim to have become disabled.  Even if you went to the ER with an ear ache and don't feel that it "amounted to anything," list it anyway. Include mental as well as physical conditions for which you have been treated.  Social Security must consider all your conditions and their combined effects. Take time to fill out all the forms completely and correctly.  It may take you 6 or 8 hours to complete all the application forms.  T...

When you appeal a denied Social Security disability claim, your appeal is heard by a US Administrative Law Judge (ALJ).  Within about 6 weeks after the hearing, you will receive a notice of decision in the mail.  There are 3 possible decisions:     FULLY FAVORABLE.  This, of course, is the decision you want.  It means you have been found disabled on the date you allege and you are receiving "back pay" all the way back to the alleged onset date (minus the mandatory 5 month waiting period). PARTIALLY FAVORABLE.  The "next best" decision.  This usually means that the ALJ has found you to be disabled - but your disability began later than the date you allege in your application.  The effect of moving the onset date is to reduce or eliminate your back pay.  For example, if your alleged onset date (AOD) is 6-1-10 and the ALJ finds that you became disabled on 6-1-11, you have lost 12 months of back pay, simply because the onset date was ...

The Problem with Unemployment Benefits I recently appeared in a Social Security disability hearing where the client had what should have been a clear cut disability case.   He had a severe medical condition that had lasted for many months.  His condition did not respond to treatment and was expected to last indefinitely.  Finally, he had seen his family doctor in Scottsboro several times per month and his medical file showed unmistakable evidence of the extent and severity of his condition.  Unfortunately, the client had been receiving unemployment benefits after leaving his previous job.   Applying for unemployment benefits is something most people do automatically after losing a job, almost without thinking about it.  Unfortunately, filing for unemployment insurance can have serious consequences if you are also filing for Social Security disability.      Why?  Because of the weekly certification req...

A Social Security disability hearing has 5 steps or parts.  The last two parts are critical, especially part 5. Part four asks if the claimant can perform any of his past relevant work (in general, any of the work he has done during the last 15 years)?  If not, the hearing proceeds to step five. The question is now, "Is there any other work that this claimant can perform?"  This is where the hearing reaches "critical mass."  To obtain benefits, the answer must be "No."  If the vocational expert testifies that the claimant can perform other work, it will generally spell a denial of benefits. Step 5 is where most hearings are won or lost.  The claimant--through his representative--must convince the judge that he cannot do any full-time work.  The judge is supposed to take into account the claimant's age, education, skill level and past experience, in addition to his physical and mental impairments. A representative is going to anticipate the type...

When Social Security denies your application for disability benefits, you appeal the decision.  About a year later, you and your representative appear before an administrative law judge asking for approval of your benefits.  The hearing is supposed to be non-adversarial. In legal terms, this means that Social Security does not have an attorney at the hearing arguing that your benefits should be denied.  And they don't.  Who they will have at the hearing is a "vocational expert," typically a vocational rehabilitation counselor who gives evidences about the kind of past work you have performed and any other work you may still be able to do.  Sometimes I feel that these "experts" are neutral, as they are supposed to be.  Other times, I feel that the "experts" are adversarial, in that they find ridiculous jobs that they say the claimant can perform. In one hearing, the vocational expert said that my client could not perform any of her past relevant wor...

I always meet with my clients before a Social Security disability hearing.  I try to advise them to expect certain questions from the judge.  I try to tell them why these questions may be asked. I recently met one of my clients and told him that questions may be designed to sound like polite conversational chatter--but with the intention of getting the claimant to admit activities that deny disability.  I went through 5 or 6 typical questions that I hear judges ask at hearings. When we got to the hearing, the judge was very casual and amiable.  Sure enough, during the questioning of the claimant, the judge asked 3 of the questions I had used as examples.  My client did a good job answering the questions--truthfully--but in a way that gave a good picture of his limitations. My point is, experience is the best teacher.  A Social Security disability advocate is a great asset.  Perhaps the greatest value is the advocate's experience.  He or she ...

Fibromyalgia is a real disease that poses real limits on the ability to work.  Still, Social Security continues to have some problems in awarding benefits based on fibromyalgia. Social Security now recognizes that Fibromyalgia can be a disabling impairment.  Federal court cases continue to support that finding.  In Sublett v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012 ), the District Court awarded benefits in a case where the hearing judge had rejected the opinion of the treating doctors in a case involving Fibromyalgia. The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits." As with most Social Security disability cases, the key is persistence.  The correct decision will not be made at all levels.  So appeal unfavorable decisions to the next level when you believe your case has merit.

Claimants need guidance about answering questions at Social Security disability hearings.  I always advise my clients first and foremost to tell the truth, not to exaggerate and to be candid with the administrative law judge.  But claimants do need some preparation as to what kind of questions to expect.  They also need to know that some questions that seem like idle banter can be "trap questions." "How many grand kids do you have?  Do you play with them?  Can you lift the five year-old?"  Those are not harmless questions.  They can translate into, "You tell me you have a bad back and you can lift 60 pounds?" "Do you like to go fishing?"  Sounds harmless?  But it can lead to, "The claimant admits to recreational activities such as fishing." Any area of your daily personal activities can be misconstrued.  For example, "How many dogs do you have?  Who takes care of them?" All of these questions should be answered honestl...

Here's a question from our mailbag this week:   I hear people speak of a "closed period" disability claim with Social Security.  What is that?" A "closed period" of disability simply means that the disability began on a certain date and ended on a certain date.  A closed period could award back pay for a disability that was in the past but would award no future or continuing benefits. Let's say that Clem Claimant hurt his back at work and had to stop working for back surgery.  Let's say he stopped working on June 1, 2011 and recovered, then he began working again on July 1, 2012.  Since Clem was off work for the required 12 months minimum, he could seek benefits beginning June 1, 2011 and ending June 30, 2012.  If approved, he would receive back pay for the 13 months - minus the 5 month waiting period.  (In this example he would actually receive pay for 8 months, 13 months minus the 5 months). Since Clem has gone back to work ...

The Forsythe Disability Firm is now operating in Franklin, TN.  We are helping individuals in and around Franklin to obtain Social Security disability benefits.  We cover the cities of Franklin, Columbia, Murfreesboro, Spring Hill and others.  Call (615) 732-6159. We have a high success rate for our clients! There is never a fee unless we are able to win your Social Security disability benefits.  Never a fee for filing your claim, filling out forms, or giving you an evaluation of your case.   If you would like to speak to one of our friendly, professional Social Security disability advocates, please contact us either by phone or by email.  Our contact information is given below. ----------------------------------- THE FORSYTHE FIRM   (256) 799-0297 for our Huntsville, AL office (615) 732-6159 for our Nashville, Tn office Send us a confidential email message.  Our address is forsythefirm@gmail.com  Local member Nat...

Most SSDI and SSI cases are assigned to the Florence Office of Disability Adjudication and Review (ODAR).  Since 2011, some cases are also assigned to the Franklin, TN hearing office.  That does not mean that the hearings are held at Franklin, however. Social Security holds disability hearings at the following locations in Madison County and the counties immediately surrounding: Florence Cullman Decatur Huntsville Jasper Albertville Gadsden Generally, they try to keep the hearings within 75 miles of the claimant's home.  If you must travel more than 75 miles to attend a hearing, you may be able to claim reimbursement for travel expenses.

One of the newest hearing offices is the new ODAR office in Franklin, TN.  When Social Security opened the new Franklin office, the average waiting time for a disability hearing was over 500 days.   The goal of the new office is to reduce that waiting time by one-half--down to about 270 days. In Tennessee, about 70 percent of Social Security disability applications result in denials.  The next step is called Reconsideration--where the same state agency that processed the denied applications gets to review the case again--using a different examiner.  Most reconsideration cases also are denied.  The next step is a hearing before an administrative law judge. Award (approval) rates vary from one hearing office to another and from one judge to another.  But everyone agrees, the hearing is your best chance to win a Social Security disability claim. Your odds of winning may be increased by using a professional representative or advocate who understands the S...

When you appeal an unfavorable decision on a Social Security disability case, the appeal is handled by the Office of Disability Adjudication and Review, ODAR for short. Most appeals will end up at a hearing before a US administrative law judge (ALJ).  A few cases may be selected for fully favorable decisions without a hearing.  This would occur when the ALJ or his/her attorney advisor reviews the file and finds that a favorable decision can be made without a hearing. As I have stated, most cases will go to the hearing phase.  After the hearing, the judge may issue one of three decisions: 1)  The decision may be fully favorable.  This means that the ALJ agrees with the claimant about the date disability began and payments will be made accordingly. 2)  The decision may be partially favorable.   That means that the ALJ agrees that the claimant is disabled and is due benefits; however, the onset date of disability has been changed, resulting in a l...

There are two programs administered by the US Social Security Administration.  Besides SSDI, also called Title 2 disability, SSA administers "Supplemental Security Income," or SSI. SSI is quite different from Title 2 or "regular Social Security disability."  Here are a few unique facts about SSI that do not apply to Title 2 or "SSDI" claims. With SSI There is no requirement that you have worked before or earned "quarters of coverage." You must have strictly limited resources and monthly income to get SSI. The federal basic or maximum benefit for 2013 is $710 for individuals, $1160 for couples. You cannot receive benefits for periods prior to the date of application. There is no five-month waiting period.  You can begin to receive benefits in the month following your application if approved. Social Security will consider living arrangements along with resource and income levels to determine your eligibility for SSI. The medical porti...

Sometimes we get questions about a partial disability award from Social Security.   The VA will often award veterans a 30 percent disability, etc.  Some workers compensation claims are awarded on the basis that an individual suffers from less than 100 percent disability but still has some partial loss. In Social Security, however, it is "all or none."  You are either disabled or you are not.  There is no such thing as 30 percent or 50 percent disability.  You have to be 100 percent disabled or you not disabled - nothing between. What is the definition of "disabled" for Social Security?  You have to be disabled by a mental or physical impairment which is medically determinable.  You have to have such a severe impairment that you cannot perform any of your past relevant work (the work you have done during the last 15 years) - or any other work which exists in significant numbers in the national economy. There is also a duration requirement....