HUNTSVILLE DISABILITY GUIDE

In describing the "normal path" of a Social Security disability claim, perhaps a disclaimer would be in order.  Every case is unique; therefore, no two cases are exactly alike.  So--caution with reliance u pon "averages" apply. Yet, in my practice as a Social Security disability advocate, here are some generalities I see with disability claims. STEP 1:  File the application.  It will go to the Disability Determination Service (DDS) in Birmingham, a state agency under contract with Social Security to gather the medical records and make the initial determination.  Unfortunately, about 7 1 percent of applications are denied.  So, this is certainly not the end of the process, just the beginning. STEP 2:  File an appeal, also known as a "Request for a Hearing by an Administrative Law Judge."  This must be filed within 60 days of denial.  It will take approximately 14 additional months to get a hearing.  You will appear at this hearing...

You can often get an attorney or qualified non-attorney advocate to help you file our initial application for SSDI benefits, and this is often free.  Here is why.  The representative or attorney cannot charge you a fee until the claim is won and back pay has been paid to you.  However, there is a 5 month waiting period on the front end of an SSDI claim.  For example, if you apply August 1 with an alleged onset date of August 1, you will not be eligible for any benefit until January 1.  So there would be no back pay for the period August - December.  Your first benefit payable period would be January 1, but because of the 5-month waiting period, no back pay benefits have accrued; therefore, no representative fee is due.  Yet, there can be a definite advantage in letting a lawyer or non-attorney disability specialist help you with your initial SSDI application.  Not all representatives are willing to help you file the initial application (some only ...

I tell my clients, "There are 2 kinds of truth:  the kind you can prove and the kind you can't." Many individuals are disabled, they just can't prove it.  Therefore, they can't get benefits.  The regulations require objective medical evidence to prove a severe impairment before Social Security disability benefits will be paid.  Without medical evidence, an individual may be disabled, but he cannot prove it. Of course, objective medical evidence usually comes from doctors, hospitals, clinics, psychologists, counselors or other providers.  If an individual has not seen a professional medical provider, then he will not have objective medical evidence. If you cannot afford to see a doctor, please contact our office.  We may be able to refer you to a clinic or doctor who will see you for a reduced cost in order for you to get treatment and also obtain medical evidence to prove disability.  This may not be easy but it can be done. My firm is focused ...

Two things can stop your Social Security disability (SSDI) payments: 1)  If you work at "substantial gainful activity" it will stop your benefit payments.  In 2016, earning at least $1,130 per month is generally considered substantial.  The amount is $1,820 for blind individuals. 2)  If your medical condition improves to the point that you are no longer disabled, your benefits may be stopped.  Continuing disability reviews (CDR) are mandated by law.  These generally occur about every 3 years for most claimants, especially those under age 50.  Getting your doctor to write a statement that your medical condition has not improved will often be enough to stop the review and protect your benefits. However, if you get a notice that your SSDI benefit is being terminated, you should file an appeal immediately.  There are 2 different approaches to a CDR cessation appeal: 1)  You may appeal within 60 days of the cessation notice.  However,...

There are many pertinent questions to be answered in a Social Security disability claim .   I will list 5 of them, then I want to explain questions 4 and 5 in detail.  Here are the 5 questions: Question 1:  Is the claimant now working at substantial gainful activity?  (defined in 2016 as gross earnings of $1,130 per month).  If yes, disability does not apply. Question 2:   Does the claimant have a severe medically determinable impairment?  If not, no disability applies. Question 3:  Does the claimant meet or equal a Listing?  If not, what is the most the claimant can do in spite of the combined effects of his impairments). Question 4:   Can the claimant perform any of his past relevant work?  Explained below. Question 5:  Can the claimant perform any other work which exists in substantial numbers in the national economy?  Explained below. Question 4 Explained:  If the claimant is able to perform even...

When you apply for Social Security disability benefits you will be sent a form titled Work History Report .   This form details your past work during the 15 year period prior to your application.  Let me explain why this form must be completed carefully and why it will impact a decision on your application. Before Social Security can award any disability benefit, it must determine that you are no longer able to perform any past relevant work.  To make that decision, Social Security must have an accurate description of your past work and they must classify the work properly. Here are the important things to describe accurately in the Work History Report: The title of each job (and be sure the title accurately reflects what you did.  If you were a janitor, don't list the job as "chief engineer of sanitation"). A brief description of your main duties.  Example, "I cleaned offices, emptied trash, cleaned windows and performed general janitorial duties." How ...

Before awarding an SSDI benefit, Social Security must convince itself that you are not able to sustain full-time work 8 hours a day, 5 days a week, 50 weeks per year. Of course, the physical demands of work vary a great deal from job to job.  Social Security recognizes 5 exertion levels in today's workforce: SEDENTARY WORK requires mostly sitting with lifting no more than 10 pounds at a time, the ability to occasionally lift and carry files or small tools; occasional standing and walking (less than 2 hours per day). LIGHT WORK requires lifting no more than 20 pounds at a time (occasionally), frequent lifting and carrying objects weighing up to 10 pounds; frequent walking or standing or sitting while pushing arm or leg controls. MEDIUM WORK involves lifting up to 50 pounds occasionally and frequently lifting or carrying objects weighing up to 25 pounds.  It also requires frequent standing/walking.  If you can do medium work, you can also do light work. HEAVY WORK...

In my opinion, 99 percent of Social Security disability claims are lost by failing to prove a restricted Residual Functional Capacity (RFC) , either in the application, or at the hearing.  There are a few clai ms lost to procedural problems that have nothing to do with RFC, but very few. The Residual Functional Capacity (RFC), simply put, is the most you are able to do, in spite of your impairments. Social Security will usually take the position that, yes, you do have some impairments.  However, the impairments are not so severe that you can't perform certain types of jobs.  Therefore, you are not disabled. The solution to this (and saving your case) is to prove to Social Security that you have a very restricted RFC.  In fact, you want to prove -- using medical evidence -- that you cannot perform the exertional, postural and/or mental requirements of even unskilled sedentary work. Many individuals try to prove their inability to work by simply explaining thei...

The simplest definition of "Residual Functional Capacity" (RFC) is:  "The most you are able to do in spite of your impairments." If Social Security finds that you are indeed impaired, but that you still retain an RFC which allows for some types of full-time work, they will generally deny benefits.  Age can play an important factor as well. When Social Security considers whether you are able to work or not, they will consider the following: EXERTIONAL FUNCTIONS:  Standing, walking, lifting, carrying, pushing and pulling. POSTURAL FUNCTIONS:  including, reaching, bending, stooping, crouching, kneeling, grasping, handling, feeling, etc. MENTAL FUNCTIONS:  including concentration, persistence, pace, remembering, understanding and carrying out instructions; the ability to respond appropriately to supervision, co-workers or the general public; the ability to make simple and complex work-related decisions, and the ability to adjust to normal workplace routin...