HUNTSVILLE DISABILITY GUIDE

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. First, there is non-objective e

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 SSDI benefi

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.   What i

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 posted on the internet tha

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 the contents of your record