HUNTSVILLE DISABILITY GUIDE

Unfortunately, disabled veterans sometimes get wrong information, even from Social Security. Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for disability benefits because they are still receiving military pay, or "still working."  However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility. Social Security's website states the following: Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits.  Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your...

Social Security disability was set up under the Social Security Act to provide income for workers who became disabled before reaching retirement age.  The program, for many claimants , simply doesn't work.  There are too many obstacles placed in the way.  Here are a few of them.   Obstacle:  The Application for Benefits.  A typical Social Security benefit application package contains at least 38 pages of forms, questionnaires and documents.  Many people simply cannot complete all these forms in a way that allows benefits to be paid.  Social Security will use some of these forms, such as the Function Report, to deny claims. Obstacle:  The Consultative Examination.  In some cases, Social Security will order you to attend a "consultative examination" with the doctor of their choice.  This doctor typically spends about 15 minutes with you and performs no lab tests, X-rays or other diagnostic procedures.  In 90 perc...

If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration. You need to have recent work to be eligible for disability benefits.  You must have worked at least 20 out of the last 40 quarters, or more simply put, you must have worked 5 out of the last 10 years. If you stopped working at a job that pays FICA tax more than 5 years ago, you will not be able to get disability benefits, no matter how much you paid into the system.  That money remains in the trust fund (pool) until you reach retirement age. Your Date Last Insured (DLI) is the date you stopped being insured for disability claims with Social Security.  If a disability begins after the DLI, it is not covered.  This is one more good reason not to delay in filing a claim as soon as you feel you have become disabled.

If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration. You need to have recent work to be eligible for disability benefits.  You must have worked at least 20 out of the last 40 quarters, or more simply put, you must have worked 5 out of the last 10 years. If you stopped working at a job that pays FICA tax more than 5 years ago, you will not be able to get disability benefits, no matter how much you paid into the system.  That money remains in the trust fund (pool) until you reach retirement age. Your Date Last Insured (DLI) is the date you stopped being insured for disability claims with Social Security.  If a disability begins after the DLI, it is not covered.  This is one more good reason not to delay in filing a claim as soon as you feel you have become disabled.

I've stated here many times that when Social Security denies a disability claim, you must ask for a hearing (appeal).  What happens when you go to the hearing and get denied again? The next step is to ask for a review by the Appeals Council (AC).  You will use form HA-520 for this.   The AC will review the judge's decision and the rationale he/she used in reaching the decision.  If it appears that the judge did not give adequate weight to the medical record, or made some other error in reaching the decision, the AC may remand the case back to the administrative law judge for further action, usually a new hearing. The Appeals Council could, in very rare cases, overturn the judge's decision and award benefits.  However, this happens in less than 2 percent of all cases.  The most common remedy, if the AC does anything at all, is to remand the case back to the judge for another hearing.  This gives the claimant a second chance with the j...

If you are still working and plan to file a Social Security disability claim, there can be problems. Generally speaking, it is Social Security's position that if a person is working he cannot be disabled.  Working is proof that you are NOT disabled. Exception to that Rule :   You are working below substantial gainful activity, i.e., part-time, earning less than $1,130 per month (2016).  You are still eligible to apply for SSDI. Many individuals call me to say they are still working full-time; however, they believe they are disabled because working causes them severe pain or other problems.  They need to get on disability so they can stop working. That's really putting the cart before the horse and Social Security doesn't allow it.  The individual either has to cut back to working at below substantial gainful activity ($1,130 per month, gross) or stop working altogether before filing a disability claim with Social Security.  Otherwise, it will be a...

From time to time I like to get back to basics.  Here I want to explain briefly the requirements for getting Social Security disability.  I will give a very brief statement about requirements, then provide a little detail following: You must have a severe, medically determinable impairment which has lasted for at least 12 consecutive months (or can reasonably be expected to last for 12 consecutive months), which prevents your ability to perform full-time work. You are probably disabled under Social Security's rules if you can prove that you cannot sustain work for 8 hours a day, 5 days a week, or an equivalent schedule, week in and week out. For individuals under the age of 50, this probably means any type of work, not just the work you once did. There is no particular impairment required.  It can be physical, mental or a combination of both.  Medically determinable means that the impairment must be determined using accepted medical or psychologic...

From time to time I like to get back to basics.  Here I want to explain briefly the requirements for Social Security disability.  I will give a very brief statement about requirements, then provide a little detail following: You must have a severe, medically determinable impairment which has lasted for at least 12 consecutive months (or can reasonably be expected to last for 12 consecutive months), which prevents your ability to perform full-time work. You are probably disabled under Social Security's rules if you can prove that you cannot sustain work for 8 hours a day, 5 days a week, or an equivalent schedule, week in and week out. For individuals under the age of 50, this probably means any type of work, not just the work you once did. There is no particular impairment required.  It can be physical, mental or a combination of both.  Medically determinable means that the impairment must be determined using accepted medical or psychological techniques, suc...

Let's say you work for 18 years and pay into the Social Security fund.  You are covered if a qualifying disability befalls you.  But let's say you stop working after 18 years, even though you are only 40 years old.   Did you know that 5 years after you stop working, your disability coverage evaporates?  True.  After about 5 years you are no longer eligible to receive disability benefits for a new claim , no matter how long you have paid into the system.  Your FICA tax contributions are lost forever, returned to the trust fund for others to use. (If you begin receiving disability benefits prior to the end of the 5 year period, you may continue to receive them for as long as you are disabled). Social Security disability coverage is earned by work credits.  In 2016, a "quarter of coverage" is any calendar quarter in which you earn at least $1,260.  You may accumulate 4 quarters each year.  Most persons need to have worked about 5 out of...

The Social Security Administration just published SSR 16-03p, Evaluation of Symptom s, replacing an older ruling about how administrative law judges must evaluation a claimant's symptoms. The new ruling states that a claimant's credibility is not considered when evaluating symptoms. This is a remarkable change in policy for Social Security judges. In my view, this new ruling can hurt claimants with sparse or inadequate medical treatment.   Many of my clients cannot afford regular medical treatment because they have no insurance and can't afford frequent visits to the doctor. However, this ruling emphasizes what we have been saying:  It is very important to find a way to get to the doctor and build a solid medical record.  My office can sometimes help patients find a community clinic or doctor who will treat them at a reduced cost. WWW.ForsytheFirm.com

Getting approved for Social Security disability is harder now than it ever was.  There are some common mistakes you must avoid in order to get benefits:   Applying for benefits while working full-time will get you automatically denied.  If you are working and your wages total at least $1,130 per month, the regulations do not permit you to receive Social Security disability benefits.  That number increases to $1,820 if you are legally blind. Failure to document your claim with medical evidence from what Social Security considers to be "an acceptable medical source," in most cases a licensed medical doctor or clinical psychologist (for mental disorders). Failing to get additional statements from your treating physician about your work restrictions--such as, how much standing, sitting, bending, lifting, walking, etc. you can do within an 8 hour work day.  These combined abilities are called your "Residual Functional Capacity." This is not typically in your medi...

When you apply for Social Security disability benefits in Huntsville..... Your application will be sent to a state agency in Birmingham known as the Disability Determination Service, or DDS.  A "disability specialist" will order and review copies of your medical records.  She will also evaluate your past work record. Depending on how complete your medical record is, you may or may not be sent for a consultative examination by a medical doctor or clinical psychologist.  Within about 4 months after filing your application, a decision will be made as to whether you meet the rules for Social Security disability. In Alabama, about 76 percent of claimants are denied by the DDS.  They must appeal directly to an Administrative Law Judge (ALJ) for a hearing and request a new decision. Should everyone whose application is denied appeal the decision?  YES.  In my experience, the DDS denies both good claims and bad ones in many cases.  Just because DDS says ...

Sure, you could call one of those out-of-state 800 numbers for help with your Social Security disability.  But here is what a local disability counselor or advocate should be able to offer you that these 800 numbers may not: a convenient, private, local office in which to counsel you personally and map out a plan to represent you individually. face-to-face meetings anytime you need advice, have questions or need to drop off or pick up documents.  a staff trained and dedicated to providing you with individualized, personal service. prompt return of your phone calls. in person preparation for hearings, meetings or conferences with Social Security - held with the representative who will actually represent you at the hearing. Frankly, the boys at the 1-800 numbers generally don't have any local offices.  They don't specialize in personal service.  They usually focus on volume--handling as many cases as possible, a kind of wholesale approach to the...