HUNTSVILLE DISABILITY GUIDE

The process to get benefits from Social Security disability is terribly slow--and without expert legal help it can also be dangerous.  Dangerous in the sense of losing your chance to collect benefits. The best odds of being approved for Social Security disability benefits are at the hearing level, which is the second stage in the process for most folks in Alabama.  Here are the normal steps available to a Social Security disability applicant, in the order that they occur: APPLICATION STAGE :  This is often called the "initial stage."  The claimant's application is processed by the state Disability Determination Service (DDS), which denies about two-thirds of all applications. This stage usually takes about 4 months from the date of application. HEARING STAGE:  Once denied by DDS, the claimant appears in person for a hearing before a US Administrative Law Judge.  It is currently taking 18 to 24 months in many cases to get a hearing scheduled (from the ...

The Disability Determination Service (DDS) is located in Birmingham, AL.  This is a state run agency contracted by Social Security to examine disability claims and make the initial decision as to whether a claimant meets the rules for disability benefits.  Here are some of the things DDS typically does with a new claim: Order records from doctors and other medical providers Analyze medical records to determine what conditions/impairments you have Schedule any medical exams that they feel you need Obtain your past work history and classify your past relevant jobs Determine what your Residual Functional Capacity (RFC) is Decide whether you are eligible for benefits under Social Security rules Deny a majority of claims that they review (About two-thirds of all claims) Here is why the DDS will usually deny your disability application (first step): DDS will decide that there is other work you are able to sustain, even if you cannot do any of your past relevant w...

The Social Security Act requires that Cost of Living Adjustments (COLAs) be tied to the Consumer Price Index for Urban Wage Earners and Clerical Workers. This data is compiled monthly by the Bureau of Labor Statistics. Each December, Social Security will compare the index to December of the previous year to determine whether there will be a COLA adjustment. In December, 2015 it was determined that no COLA was called for according to the formula specified in the law.  Therefore, benefits for 2016 will continue at the same level as for 2015. ______ Information herein is intended for information only and is believed to be accurate.  However, information related to Social Security can change frequently; therefore, readers are advised to verify information before making important decisions.  The Forsythe Firm is a private firm, not affiliated with the Social Security Administration or the US Government.  

I opened a letter today to find that it contained a Notice of Decision.  As my eye scanned the page, the first two words I saw were Fully Favorable. A Fully Favorable decision means that the claimant was approved according to the alleged onset date stated in the application and is, therefore, entitled to past due benefits. Getting this notice is like a reprieve for the claimant, who may have been waiting for two years or longer for Social Security to decide whether benefits will be paid or not.  And the claimant often does without medical care, prescriptions--or even the ability to pay rent, utility bills or to buy decent food.  A Fully Favorable decision comes after a hearing by an administrative law judge. It is the culmination of a very long, very difficult process, in which the legal representative has worked countless hours and invested a great deal of money to prepare and present the case.   A Fully Favorable decision is the end of the trying process and ...

Not everyone who is disabled can qualify for a Social Security benefit.  There are a number of possible reasons why a truly disabled individual would not be able to receive a benefit from Social Security. One reason is that the individual may not have accumulated enough recent work credits to have insured status with Social Security.  Generally, most persons need 20 credits to be insured.  Those 20 credits must have been earned during the most recent 10 year period prior to filing a disability claim. That means that you should have worked at least 5 out of the last 10 years. (Younger workers may have different requirements). Each worker has a DLI or date last insured.  Generally, a worker loses insured status with Social Security after about 4 years of no work activity , or after several years of sporadic work. The person might still file a claim for Supplemental Security Income (SSI) - but under SSI he or she must have limited financial resources and very l...

I am sickened when I hear journalists or critics of the Social Security disability program making outrageous claims.  One of the current hot buttons is the claim that Social Security disability has become "a shadow unemployment benefit program."  This is such hogwash! Social Security disability is governed by a complex system of federal regulations, consisting not only of the Social Security Act but Parts 1-99 of the 20 Code of Federal Regulations (20 CFR).  These regulations have set up mandatory processes and rules of evidence which absolutely prohibit disability benefits to anyone who is not (a) insured under the Social Security Act (b) unable to work at any substantial gainful activity (c) disabled for at least 12 consecutive months and (d) able to provide objective medical evidence proving the disabling condition.   From the time of application, the typical process to get approved for Social Security disability can take 24 to 36 months or...

We frequently get calls from individuals who are still working, but struggling, and are considering Social Security disability. Here are things that individuals need to consider as they think about Social Security disability while they are still working: First, there is no disability benefit available from Social Security if you are working and earning more than $1,090 per month. You must have stopped working to apply--or at least be earning less than $1,090 per month if working part-time. Second, Social Security does not pay a benefit for the first full 5 months of disability.  At a minimum, you must be prepared for at least 6 months of no income after you stop working.  Getting approved within 6 months is, honestly, pretty much of a miracle.  It often takes much longer. Third, not being able to perform your past work is not enough, in most cases, to qualify for Social Security disability benefits.  If you are under age 50, Social Security will look at your ...

You attended a hearing on your Social Security disability claim.  A few weeks later, you receive a Notice of Decision in the mail that says you have received a Partially Favorable decision.  Does this mean that you are only partially disabled, not fully disabled? ANSWER:  No.  Social Security does not make awards for partial disability.  You are either disabled or not disabled.  There is no such category as "partially disabled" within Social Security law. A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date--the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did not become disabled unt...

The Forsythe Firm is one of North Alabama's leading Social Security disability advocates.  Our job is simple:  help you get the maximum Social Security disability benefit in the shortest time possible.  For free, no obligation consultations, call us at (256) 799-0297. NO FEES until you win and collect your back pay. In choosing a disability advocate, consider the following:   LOCAL - Use someone here in North Alabama where you live. EXPERIENCED - Use an advocate with Social Security experience. DIRECT PAY ELIGIBLE -  Will Social Security play your advocate directly (only if he/she is eligible for direct payment of fees) ACCESSIBLE - Is your advocate available and close enough to visit--or, do you have to call long-distance and mail forms back and forth to another state?  Why not simplify things and use a local advoc ate right here in Huntsville.   THE FORSYTHE FIRM 7027 Old Madison Pike NW, Suite 108 Huntsville, AL 35806 ...

You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and paying FICA taxes.  Most adults need 20 quarters of work to be covered.  These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim.  Very young individuals might need less than 20 quarters of work. Your Disabling Condition Must Last At Least 12 Months.  Short term disability lasting less than 12 consecutive months is not covered by Social Security.  You must have an impairment that has lasted, or can be reasonably ex...

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award.  Submit these forms with, or shortly after, you apply for benefits. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your fav...

The general answer to this question is, No.  A person may not receive Social Security disability benefits if he/she is currently working full-time. According to 20 Code of Federal Regulations 404.1520(b) , if an individual engages in Substantial Gainful Activity, she is not disabled regardless of how severe her physical or mental impairments are and regardless of her age, education or work experience. Social Security defines "substantial gainful activity" as activity that is substantial and gainful.  Work will generally be deemed SGA if it produces gross wages of at least $1,090 per month.   CAUTION:  It is the work , not the income that disqualifies.  Income from pensions, insurance, investments, etc. will not disqualify a person. Another question arises:  May I work part-time and receive Social Security disability benefits.  The answer here is not so clear cut.  The boundary line is still earning gross wages of at least $1,0...

Some important terms stand out in Social Security disability regulations.   Here is what they mean. Alleged Onset Date (AOD) .   This is the date the claimant alleges to have first become disabled.   If it becomes the Established Onset Date (EOD), meaning that the Social Security Administration agrees that the claimant did indeed become disabled on that date, benefits may be paid back to that date.   So the AOD/EOD affects how many months of back pay or past due benefits the claimant is entitled to receive. Waiting Period .   The waiting period for all Title 2 (regular disability) claims is 5 full calendar months.   This is really an elimination period.   5 months of benefits will be subtracted from the Established Onset Date.   For example, if you are found to have become disabled on March 15 th , your waiting period will include the months of April –August and your first benefit payment eligibility will be for the month of Septemb...

#1 - Obtain Help From a Disability Advocate or Attorney who knows the system and the process.  The majority of claimants whose claims are approved are assisted by a Social Security disability advocate or attorney with experience in filing federal disability claims or handling appeals.  What does this representation cost?  The answer:  Nothing unless you win and receive back payments.  Representation is available on a "pay only if you win" or contingency basis.  There is no risk.  You never pay a fee unless you win your claim and receive a past due award settlement (back pay). #2 - File your own claim and do your own paperwork and prep.  CAUTION:  Up to 75 percent of initial applications are denied and require an appeal.  Most of these claimants will end up getting professional help with the appeal.  You may want to consider getting professional help at the beginning.  In many cases, representation will cost you not...

Please see our listing for the Forsythe Firm by clicking the link below:  http://local.aarp.org/local-services/the-forsythe-firm-7027-old-madison-pike-108-madison.html  AARP Disability Advocates We assist persons of all ages in filing Social Security disability claims or with appeals of unfavorable decisions. Free consultations.  No fee unless you receive back pay. The Forsythe Firm is direct pay eligible with the Social Security Administration.  We are not connected with the Social Security Administration. The Forsythe Firm 7027 Old Madison Pike NW - Suite 108 Huntsville, AL 35806 "Across from Bridge Street"  PHONE (256) 799-0297   

IS OBJECTIVE MEDICAL EVIDENCE ENOUGH? In a criminal trial, the accused person walks into a courtroom under the presumption of innocence:  in short, he is not guilty of any crime until the state can prove guilt.  The defendant does not have to prove that he is innocent.  The state must prove that he is not. In a Social Security disability case, just the opposite is true.  The claimant is assumed not to be disabled until he can prove that he is. Social Security does not have to prove that the claimant is not disabled.  The claimant must prove that he is.  So, the burden of proof rests mostly upon the claimant, not upon Social Security. I have frequently tried to explain the importance of objective medical evidence in a Social Security disability case, especially at the appeal level.  Allow me to elaborate a little more on what I mean by the term objective medical evidence and how critical it is to the success of a disability claim. ...

Most Americans who have worked are covered by disability insurance under the US Social Security Act.  While we don't usually think of Social Security as insurance , that's exactly what it is.  It is called SSDI, or Social Security Disability Insurance.  Individuals who are currently covered are said to have "insured status."  It is paid for by FICA taxes deducted from each worker's pay and matched by the employer.  FICA stands for Federal Insurance Contribution Act, the method used by the US Government to pay for Social Security. Can You Qualify for Benefits? Federal disability benefits may be available if an individual has a severe, medically determinable impairment that prevents all full-time work and has lasted, for is expected to last, at least twelve consecutive months or end in death.   Burden of Proof The burden of proving disability under the rules rests upon the claimant.  Today, approximately 75 percent of individuals approved for...

Most Americans who have worked for any significant time are covered by federal disability insurance.  We don't usually think of Social Security as an insurance benefit but that's exactly what it is.  It is SSDI or Social Security Disability Insurance. Persons who are current insured have "insured status."  It is paid for by FICA taxes deducted from wages and matched by the employer.  FICA stands for Federal Insurance Contribution Act. Are You Eligible for Benefits? You may qualify for benefits if you have a severe medically determinable impairment that has lasted, for is expected to last, at least 12 consecutive months or end in death.  The impairment must be so severe that it prevents the ability to perform full-time work. Burden of Proof The burden of proving disability under the Act rests with the claimant.   Today approximately 75 percent of persons who are approved for federal disability benefits must appeal a denial and appear at a hearing....

The denial rate on initial Social Security disability claims is approaching 75 percent.  Only the most obvious impairments get approved and often they involve claimants over the age of 55. When you file a disability benefits application, the initial decision is made by a state agency called the Disability Determination Service (DDS) or "state agency."  DDS is a state run agency funded by federal dollars.  They gather and review the medical records to make the first decision about whether the claimant is disabled under the Social Security Act.  In most cases, DDS finds that the person is "not disabled under our rules." The most common reason stated for denial is this:  "While the evidence shows that you have some restrictions and may not be able to perform the types of work you did in the past, there are other kinds of work that you are still able to perform."  This is known in the industry as a Step 5 denial.  Can't do past work but can do some oth...

You have filed a Social Security disability claim.  Or, you are waiting for a hearing on a denied disability claim.  Are you aware of how Facebook, Twitter, You Tube and other social media may affect your claim?  You should be? We keep getting conflicting messages from Social Security about the way they use our social media.  On the one hand, an official rule comes down that administrative law judges may not search social media sites to get information about claimants. (If some judges weren't doing this, why would a rule be necessary)?  On the other hand, there is a Congressional recommendation that Social Security should review every claimant's social media before awarding disability benefits. In April, the subcommittee on healthcare of the House Oversight and Government Reform Committee called for Social Security to review the social media of anyone who applies for Social Security disability benefits.  Lawmakers say they found hundreds of photos poste...

When is the last time you read your medical file?  Most people check their credit score once in a while--perhaps because of frequent TV ads that remind us to know our FICO scores.  However, not one person in a thousand ever checks on what's in their medical records. Let me admit that reading medical records is pretty boring business.  Also, your medical record isn't the easiest thing to get your hands on.  Still, you are entitled to see what is in your doctor's records concerning your illness, diagnosis and treatment.  And the contents will likely determine whether or not you can be approved for a Social Security disability claim.  Also, other important decisions, such as getting life insurance, may depend on what is in your medical record.  Is all the information accurate and complete? Here are types of notations in medical records that have been problematic with disability claims.  I offer these as examples of what to look for if you review ...

With local award rates now at 38 percent for hearings, you don't have to work very hard to lose your Social Security disability hearing.  But there are many pitfalls that will almost guarantee that you won't get approved. Base your claim on something other than a severe medical or mental impairment (supported by evidence from a doctor).  For example, you say you got laid off, your job moved to Mexico, you had to care for a sick child or parent--all of which has nothing to do with a medical or mental impairment. Give conflicting testimony or evidence.  For instance, drawing unemployment benefits can send a conflicting message about when and whether you became disabled. Caring for children, pets or aging parents can send a confusing message.  Even vacations can be used to create a lack of credibility about disability.  (You must be truthful but be prepared to explain such things and put them in context). Failure to get medical treatment.  If you can't a...