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Showing posts from December, 2015

NAVIGATION IS SLOW AND DANGEROUS WITHOUT HELP

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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 ...

DEALING WITH THE DISABILITY DETERMINATION SERVICE (DDS)

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...

WHY NO COST OF LIVING ADJUSTMENT FOR 2016?

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.  

2 ENCOURAGING WORDS FOR THE DISABLED

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 ...

WHEN NO BENEFIT IS AVAILABLE FOR DISABLED PERSONS

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...