HUNTSVILLE DISABILITY GUIDE

My doctor wrote a letter stating that I am totally disabled and unable to work at any job.  Social Security denied my benefits, anyway.  What gives? Your doctor is trying to make a determination on a matter which is "reserved solely to the Commissioner of Social Security" under such regulations as SSR 96-5p, 20 CFR 404.1527, etc.  In short, only the Commissioner of Social Security or her designated representative may find you to be disabled.  The doctor may not. That being said, your doctor's medical opinion may be very helpful in getting your benefits approved, especially at the appeal level.  The doctor's opinion, however, should not merely be a general statement that he/she feels that you are disabled or that you cannot work.  It must be more detailed and address specific job functions, such as lifting, bending, standing, sitting, kneeling, climbing stairs or ramps, concentration, memory, etc. USELESS STATEMENT:  "I have examined this individual and foun

Most unfavorable decisions made by Social Security may be appealed.  A new decision maker will consider the appeal and give a new, hopefully more favorable decision.  You usually may submit new or additional evidence to support your claim during the appeal. However, there are some things that simply cannot be appealed.  I will mention 2 of them here: 1.  The claimant has too much income or resources to qualify for SSI payments.   The regulations set exactly what the household income and resource limits are for SSI.  If you exceed these amounts, you are disqualified to receive SSI payments and there is no appeal.  Exception :  If Social Security has incorrect information, the information may be corrected. 2.  The claimant has not worked enough to earn the minimum number of work credits required to be covered by Social Security disability.   This is also cut and dried and cannot be appealed.  SSDI requires a certain number of quarters of coverage (work credits).  Without these ther

The federal regulations are very clear:  Social Security disability is for individuals who are impaired and unable to work.  It is not for persons who can't find work, got laid off, lack job skills, need more education or may be having other employment problems. Here are examples of scenarios that are not covered by the Social Security disability program and will pay no benefit: Sam's company was suffering a loss of sales and had to cut its workforce.  Sam was one of 200 workers laid off and he could not find another job, even though he tried to do so. Dorothy had worked at a manufacturing plant for 18 years.  Then, the plant closed and employees were left without jobs.  Dorothy would have to go to trade school and learn new skills to find a job elsewhere. David's new supervisor at his office made unreasonable demands, forcing David to work overtime, including weekends and shifts that he had never been required to work.  David complained and was fired. Wilma

Social Security defines "younger individuals" as those who are under 50 years of age.  Persons under 50 generally do not qualify for a Medical-Vocational allowance.  They may qualify for disability benefits but the burden of proof is somewhat higher than for persons who are "closely approaching advanced age" (age 50-54) or persons of "advanced age" (age 55 or older).  Younger individuals need to show a residual functional capac ity (RFC) which prohibits any of the work they have performed during the past 15 years as well as any other work which exists in substantial numbers in the US economy (on a full-time basis). The burden of proof is upon the claimant, not upon Social Security.  Social Security does not have to prove that the claimant can work.  The claimant must prove that he/she cannot work.  Failure to prove this according to the regulations will result in a denial of benefits. However, Social Security must demonstrate that there exists a subs

You have taken your disability case before an administrative law judge and been approved.  How long will it take to get a check? The answer is, no one knows.  Each case is different and there is no set time. The paperwork must now go to a payment processing center.  There is no standard time about how long it will take the processing center to issue a check.  I have seen checks issued with 2 weeks after the case is approved and I have seen it take 6 months (rarely).  I'd say the average is about 6 to 8 weeks.  The longest I have ever seen a claimant wait for payment, after their award, is 7 months, which is very unusual. Cases where both SSDI and SSI were filed seem to take longer for payment.  This is because the payment center must determine how much SSI benefit is payable, if any, before paying the SSDI. The SSI verification process can delay SSDI payments for 2 or 3 months sometimes. As a rule, if you received an award (approval) letter more than 90 days ago and still ha

I spend a great deal of time preparing the claimant before a Social Security disability hearin g.   I want each individual to understand what will happen at their hearing. There are 2 extremes that I have come to fear as I go into a disability hearing.  They are exaggeration and minimization. Exaggeration causes the claimant to lose credibility with the judge.  A claimant may be so eager to win his disability benefits that he will try to make his symptoms sound much more severe than they are.  I think some do this without realizing it.  When a person testifies that they have pain on a 9 or 10 level all the time, can only lift 2 pounds, can only stand 5 minutes and are limited to walking no more than 50 feet, judges become suspicious.  Most people, even severely disabled persons, can do more than that.  So, obvious exaggeration is not only wrong, it hurts the case.  The truly disabled person does not need to exaggerate. Minimization.  This is the opposite scenario.  Without meani

Most of the clients that I represent in Social Security disability matters are reluctant to file a claim.  This is understandable and I think I have gleaned some insight into this reluctance. First, deciding to file a disability claim requires an admission.  The claimant must accept the fact that he or she is not the person they once were.  They must admit to themselves that they are at the end of their working career.  The individual simply cannot do what they once did.  For some, this admission is quite a challenge. Second, there is usually a degree of denial.  Individuals like to believe that they will improve and will be able to work again at some point.  Even once they accept the fact that they cannot work, they refuse to admit their real limitations.  I talk to individuals with herniated discs and bad backs all the time who tell me they can lift 75 pounds.  They may also say that they can stand 4 hours at a time and walk 500 yards.  This is often a matter of self deception, o

Is the Social Security disability system ridden with fraud?  Do most claimants actually return to work after being denied their disability benefits?  Turns out, these are mostly media myths. A new US government study released in 2016 finds that a majority of individuals who get denied for Social Security disability benefits do not return to work.  The study finds that only 27 percent ever return to work.  This indicates that a vast majority of Social Security claimants are really not able to work. If you feel that you have a legitimate disability that prevents you from working, you should file a disability claim now.  About 5 years after you stop working, you may lose the right to file a new claim.  Delay in filing is dangerous and risks losing even the right to apply.    

MOST IMPORTANT THINGS IN A SOCIAL SECURITY DISABILITY CLAIM:   1)  Check to see if you meet minimum basic requirements - have a severe impairment, have medical evidence, are not currently working at substantial gainful activity, your impairment will last/has lasted for 12 consecutive months or more. 2)  Submit detailed medical records from every doctor, counselor, hospital, clinic, etc.   3)  Try to get opinion evidence from your doctors - a Medical Source Statement can be of great help. 4)  Expect to get denied on the application level (Over 70 percent do).  Then, appeal the denial within 60 days by asking for a hearing before an administrative law judge. 5)  Appoint experienced, seasoned counsel to help you prepare for the hearing.  A representative will know what you need for the best chance of winning benefits and back pay.  Things will happen at the hearing that you simply cannot understand.  A representative at your side will be most valuable (essential, really). _____