HUNTSVILLE DISABILITY GUIDE

3 types of decisions are possible following a Social Security disability hearing before an adminstrative law judge (ALJ).   Fully favorable - means the judge agrees with all parts of your claim, including the alleged onset date.  Social Security agrees to pay benefits as far back as the law permits. Partially favorable - means the judge agrees that you are disabled but disagrees with the alleged onset date.  This will reduce or eliminate your back payment, depending on the "established onset date" the judge has chosen.  You will be paid from the new "established onset date."  Keep in mind, there is a 5 months waiting period on all decisions - even fully favorable ones.  5 full months of payments will be subtracted from the established onset date established by the judge.  For example, if your established onset date is March 13, 2014, your "waiting period" will be April - August, 2014.  Your first month eligible for payment would...

Representatives have long warned our clients to be careful about what they post on Facebook and other social media sites.  I advise my disability clients to stay off the social media sites altogether. On April 9, 2014 the House Oversight and Government Reform Subcommittee on Energy Policy, Health Care, and Entitlements held a hearing to examine the disability determination and adjudication process.  Chairman Jim Lankford (R-OK) and ranking member Jackie Spoeier (D-CA) told the committee that they had sent a list of recommendations to Carolyn Colvin, Acting Commissioner of the Social Security Administration.  One of the recommendations sent to Acting Commissioner Colvin was: "The Social Security Administration should review each applicant's social media accounts before awarding benefits..." To what purpose?  Obviously, Social Security wants to know what their claimants have been up to.  What type of activities are they engaged in?  What tr...

Most US veterans are covered by Social Security disability as well as VA disability benefits. The Social Security administration is providing an expedited fast-track process for disabled veterans.  To qualify for this process, the veteran must Have a 100 percent permanent disability rating from VA and Notify Social Security of this rating when making application and provide a copy of the VA determination letter. I have handled a number of disabled veterans Social Security claims and find that this process does work.  In some cases, I have been able to get a decision within 25 days. I do need to point out here that having a 100 percent permanent VA disability rating does not guarantee a favorable decision by Social Security.  It does provide for faster processing . ________________ If you are a veteran or non-veteran and are considering a claim for Social Security disability, please contact the Forsythe Firm in Huntsville at (256) 799-0927.  No fee for our...

I have represented claimants at Social Security disability hearings hundreds of times in Alabama, Tennessee, Mississippi and Georgia.  In nearly every one of those hearings, there are simple facts that must be demonstrated to win an award for disability. In a physical case, such as back trouble, arthritis, diabetes other physical issues, we have to demonstrate the claimant's physical limitations:  How long can he sit, stand, walk?  How much can he lift?  Are there limitations on the ability to bend, stoop, crouch, crawl, kneel, climb stairs--or ladders, ramps or scaffolds?   In a mental or psychological case, we need to show the claimant's limitations with such work related activities as:  remembering, understanding and carrying out simple instructions; responding appropriately to supervision and interaction with co-workers; or adjusting to changes in work routines and environment.   Also, does the claimant have the ability to concentrate and make ...

In my Social Security disability practice, one of the disturbing trends I am seeing is refusal of doctors to "get involved" to furnish opinion medical evidence for claims. Most doctors will provide routine medical records but many won't do anything further, such as completing a form.  Unfortunately, medical records alone often do not support a disability award--even when the claimant is really disabled. Many Social Security disability claimants have very limited access to medical treatment.  Some have to go to community free clinics.  These individuals often have more limited medical resources than most. The reason that routine doctor's records are insufficient in disability claims lies in the nature of the claim itself.  Social Security requires that you prove an inability to perform work activities--such as lifting, bending, stooping, crouching, or even sitting, standing or walking.  Doctor's records do not usually delve into those areas of function at a...

A Social Security disability hearing is a lot like a big test you took in school. The test may only last 1 hour.  However, you put many hours into preparing for it.  You don't just walk into the classroom and take the test, not if you want to pass. Social Security disability hearings, in my view, are won in preparation as much as in the hearing itself. Preparation includes finding and obtaining all the medical records from doctors, clinics, hospitals, emergency rooms, psychologists, school counselors, insurance companies, or employers--anyone that may have records about the claimant's condition.  There may be hundreds of pages of these records that the representative must read tediously, extracting important facts from each one.  That can take weeks or months to do it right. Employment or work history needs to be evaluated carefully to determine whether the claimant has performed skilled, semi-skilled or unskilled work--or a combination of those.  Are ther...

There are 5 "steps" used in determining a Social Security disability case.  Here are the 5 steps, then we want to discuss Step 5: Is the claimant now working at SGA level? Does the claimant have a medically determinable severe impairment? Does the claimant meet a specified Listing?  If not, what is his residual functional capacity or RFC?  (What is the most he can do, even with his impairments)? Can the claimant perform any of his past relevant work? Is there any other work that exists in substantial numbers in the local, regional or national economy that the claimant can perform? Most cases that are lost are lost at Step 5, especially at the hearing level.  Social Security will call a "vocational expert," usually a Vocational Rehabilitation Counselor, to give testimony concerning "other work" that the claimant may still be able to perform.  If it is Social Security's determination that the claimant can still perform "other work," th...