HUNTSVILLE DISABILITY GUIDE

Is there work that you are able to do?  If so, you are probably not disabled under Social Security rules.  So, let's consider what Social Security means by the term 'work.' Work refers to the ability to sustain work activity for 8 hours a day, 5 days per week, or an equivalent schedule.  Anything less than that is not work under Social Security rules. You are unable to work, for example, if you can...... work 5 or 6 hours a day but not 8 hours work 3 or 4 days a week but not 5 days work part-time but not full-time work for a few weeks but then have to miss several days due to a flareup work for several months but then have to miss a month or two due to illness on a persistent, regular basis report to work 5 days a week but have to leave early several times a month because of illness, pain, depression, etc. work most days but often have to come in late due to sickness work most days but will be absent 3 or more days per month due to illness. So, the real issu

To win a Social Security disability claim, it is necessary to translate medical evidence into vocational evidence . In most cases, the presence of a disease or injury, even a serious one, does not automatically qualify for disability benefits.  You have to show two things in addition to the fact that you have the medical condition(s). 1.  You have to show that the medical condition is severe. 2.  You have to show that the medical condition imposes significant limitations on the ability to perform work activities. Let's take the example of Degenerative Disc Disease.  You have X-rays or MRI images showing a bulging disc with narrowing of the neural foraminal canal in the lower back.  Does that mean you are disabled under Social Security rules?  It may or it may not.  You have to go a step further. (Neural foraminal stenosis refers to compression of a spinal nerve as it leaves the spinal canal through the foramen (the opening between the vertebrae through which spinal nerve

When it comes to choose Social Security disability representation, you basically have two choices:  a local representative or an out-of-state mega firm that advertises an 800 number on late night TV.  Here is why we feel choosing a local representative is better. You have local access to your representative .  You will speak to him each time you call the office.  With a huge mega firm, the emphasis is often on quantity, not quality.  These firms have to process thousands of cases per year.  You may not even meet your representative until a few minutes before your hearing with a Social Security judge.  When you call that 800 telephone number, you will probably not get your advocate but an assistant who promises to get back to you (but may not). Your case gets personal attention from your advocate/representative.  We won't pass you out to a paralegal or assistant and we don't try to use a cookie cutter approach to your case.  Each case is unique and deserves an individual app

"Social Security denies most claims for disability benefits.  There are common, recurring reasons for these denials." Here are the most common reasons why Social Security disability claims are not approved. The claimant has not worked enough, or has not worked recently enough, to be covered by Title 2 of the Social Security Act.  No coverage, no benefits.  There has been inadequate medical treatment, therefore, inadequate medical evidence to prove a disability.   The claimant fails to show how their medical impairment (condition) restricts their ability to perform specific work activities--standing, walking, sitting, bending, lifting, concentrating, etc. Medical records are often not enough to do this.   Social Security assigns an erroneous or overly optimistic residual functional capacity.  In simple terms, Social Security takes the position that even if the claimant cannot perform medium or light exertion level work, he or she can still perform sedentary work.

It's called Burden of Proof.  In any legal proceeding there are things that you have to prove.  A Social Security disability claim (or hearing) is no different.  Here are the essentials that you must prove to prevail: You are covered for Title 2 claims under the Social Security Act (unless you are filing for SSI only under Title 1 6). You are not currently working at substantial gainful activity. You have at least one severe impairment that can be medically determined by objective medical evidence. Your impairment(s) pose a significant limitation on your ability to perform work activities. You are not able to perform any of your past relevant work.  This is especially imperative if you are under age 50. There is no other work that exists in the national or state economy that you are able to perform. Some of these things are easier to prove than others.  I will make a few brief observations about medical evidence. First, medical evidence must be objective--that is, s

Hundreds of disabled veterans call Huntsville or Redstone Arsenal home.  These veterans are often eligible for Social Security disability benefits in addition to VA benefits or retirement.  In many cases, a disabled veteran can start receiving Social Security payments even before being discharged from active duty. Military pay, in and of itself, does not exclude a veteran from receiving Social Security disability benefits.  The key consideration is whether the veteran is able to perform his or her job duties. Veterans who became disabled while on active duty after October 1, 2001 are entitled to special expedited processing of claims, regardless of where or how their disability occurred.  The disability does not have to be related to military duty--just that it occurred while on active duty. Social Security decision makers will mark the veteran's file as "Military Casualty/Wounded Warrior" (MC/WW) and the case will be expedited through the entire disability process

Retroactive pay is payment of benefits for a period of disability which occurred prior to filing the application.  Yes, it is possible to get Social Security benefits for a period of time before an application for benefits was filed. For example, John became severely impaired in an accident on October 1, 2014 but didn't get around to filing an application for benefits until December, 2015.  He may be able to recover benefits back to October 1, 2014 (minus a five month waiting period if he is filing under Title 2). The law provides that a claimant may receive a maximum of 12 months of retroactive benefits, plus recovery of the five month waiting period, totaling 17 months of maximum retroactive benefits. "Past due benefits" are not the same as retroactive benefits but I won't try to explain how they are different in this post.  The important point here is:  Apply as soon as you believe you are disabled.  However, if you believe you actually became disabled prior

FIRST, FIND OUT IF YOU ARE COVERED BY THE SOCIAL SECURITY DISABILITY PROGRAM.  NOT EVERYONE IS. Are you considering filing for Social Security disability?  The important first step is to find out whether you are covered by the Social Security Act?  Not all workers are covered.  You have to have worked for a sufficient number of calendar quarters to be covered or to have "insured status."  Generally, if you have worked 5 out of the previous 10 years, you should have insured status.  (Very young workers won't need as much work to be covered). When you work, the federal government deducts 7.65% of your gross pay which goes into a special trust fund to pay for Social Security and Medicare.  Your employer matches this, so 15.3% of your earnings are actually paid into the trust fund under your name and Social Security number.  This is how you accumulate the required quarters of coverage needed to be insured under the Social Security disability program. If a person stops

Social Security disability cases that have been denied are appealed at a hearing before an administrative law judge.  What if you get turned down again at the hearing? Following an unsuccessful hearing, the next appeal is with the Appeals Council--a group of administrative law judges in Falls Church, Virginia.  No, you don't go to Virginia.  It's a paper review and no personal appearance is required or permitted. The Appeals Council (AC) will review the hearing judge's decision to see whether substantial error occurred. If the Council finds that the case needs further review, they may remand it (return it) to the original administrative law judge for further investigation or a new hearing.  In a very small percentage of cases, the AC may issue a different decision on its own, but this is rare.  So, a remand is a second chance before the judge who held your original hearing. The AC will usually tell the hearing judge what issues he/she could reconsider and what action

It is no secret that Social Security is backlogged in trying to hold hearings.  And we all know it is taking up to 24 months for a claimant to get a hearing scheduled.  The obvious answer would be for Social Security to hire more administrative law judges; however, Congress simply will not appropriate enough money for that.  So, how does the Social Security Administration react?  By offering claimants the option to have a hearing by video-teleconference (VTC).  At a VTC, the claimant and representative appear in a hearing center near the claimant's home.  However, the judge may be in another city, even another state.  Witnesses called by Social Security, such as the vocational expert, may be anywhere:  in the room with the claimant, in the room with the distant judge, or even at home and testifying via telephone. Why would a claimant sign up for a cockeyed arrangement like a hearing by Video-Teleconference?  The main selling point is that it reduces the waiting time and allows