HUNTSVILLE DISABILITY GUIDE

In about 20 percent of Social Security disability cases, the agency will send claimants to one of their contracted doctors for a consultative examination (CE).  This usually occurs when there is limited evidence from the claimant's own treating doctors. Social Security contracts with doctors in private practice to perform these exams.  Here is generally what to expect at a consultative exam (CE): It will be brief.  The doctor may spend as little as 15 minutes with you.  Usually there are no tests. The doctor has been provided with a checklist of things to look for.  He/She will focus only on what is on the list. CEs are often not helpful for the claimant. Here are a few tips that may help the examination go smoothly: If you cannot attend the examination, call the Disability Determination Service (DDS) which scheduled the exam as early as possible.  This should only be for an unavoidable emergency. Also call the doctor's office.  (...

Most people who apply for Social Security disability these days are represented by attorneys or "advocates" who help them with the pursuit of benefits.  Because the Social Security program is so restrictive, prone to denials, and demanding in terms of proof--claimants usually do not attempt it alone. What are some of the essential functions of the advocate?  I will list a few of the more important jobs: 1.  Deciding whether or not the claimant probably meets the basic rules for Social Security disability benefits.  No one can guarantee that a case will be approved.  But there are some obvious things that make benefits impossible.  For example, if an individual is still working full-time, he or she normally cannot be approved for disability benefits while working.  If there is little or no medical evidence, approval would be very unlikely.  On the other hand, if the claimant meets one of the Listings, there is a high probability of approval. ...

The most common question at the Forsythe Firm is, "What are the basic requirements for Social Security disability?"  Here they are: 1)  You are not currently employed at substantial gainful activity (SGA).  SGA in 2016 is defined as gross earnings of at least $1,130 per month.  Earnings would include salary, wages, tips, commissions, etc. earned from work.  Even though you may have a disabling impairment, you cannot receive SSDI benefits while you are still working at SGA level. 2)  You have a severe impairment which has lasted or can reasonably be expected to last for at least 12 consecutive months--and which prevents full-time work?  If you are under age 50, the impairment must prevent not only your most recent work but all other work which is available in the national economy.  At age 50 and above, the rules are relaxed somewhat by medical-vocational guidelines (grid rules). 3)  Do you have recent objective medical evidence that wil...

I really hate to write about disability denials but they are a fact of life.  Understanding why a claim has been denied is the first step to getting it approved later. The regulations provide for a mandatory 5-step, sequential decision making process.  A claim may be denied at any step; however, most denials occur at either Step 4 or Step 5. A Step 4 denial occurs when the decision maker determines that the claimant is able to perform one of his past relevant jobs.  If a claimant is age 50 or above, denials are usually at Step 4.  Past relevant work can only be considered for the most recent 15 year period.  Jobs that ended more than 15 years ago cannot be considered. A Step 5 denial occurs when the decision maker determines that a claimant cannot perform any past job but can perform some other work which exists in the national economy.   Nathan* is a classic example of a Step 4 denial.  He most recently worked as a janitor-maintenance worker i...