HUNTSVILLE DISABILITY GUIDE

Social Security disability benefits are paid as long as the beneficiary is disabled.  If he or she has medical improvement to the point of no longer being disabled and this happens prior to retirement age, then benefits may be terminated.  (At full retirement age, disability benefits convert to retirement benefits and cannot be terminated ). Social Security often does Continuing Disability Reviews (CDRs) to determine whether a beneficiary is still disabled.  They will look at the medical records to see if substantial medical improvement has taken place since the person was awarded benefits.  Individuals under the age of 60 are more likely to have a review. The nature of their medical impairment also has a lot to do with it.  Some conditions are more likely to improve than others. Fortunately, people who get SSDI or SSI benefits usually get Medicare or Medicaid to make medical treatment affordable.  Therefore, regular visits to the doctor and treatment m...

Individuals considering a Social Security disability claim should be aware of the following regulation: "If you are working and the work you are doing is substantial gainful activity, we will find that you are not disabled regardless of your medical condition, age, education or past work experience."  (20 CFR 4 04.1520(b )) . This is called a Step 1 denial because the denial happens at the first step of the consideration process, before even the medical conditions are evaluated.  In short, a person who is working at 'substantial gainful activity' cannot be disabled according to Social Security's rules. What is 'substantial gainful activity'?  Usually it refers to wages, salary, commissions or tips (earnings) totaling at least $1,130 per month (gross).  The dollar amount changes year to year to reflect inflation.  $1,130 is the amount used in 2016. I must point out that this is NOT a means test or financial test.  It is a work test.  The limit ...

I'm a Social Security disability advocate.  I have attended hundreds of hearings and observed things that help a disability case and things that hurt a disability case. There are some things the claimant can do to help the case--to increase the odds of being approved and paid.  Here are a few of those helpful things. 1)  Obtain a Medical Source Statement from one or more of your treating doctors.  Use the correct form. 2)  Make certain that the Social Security decision maker has all of your medical records before a decision is made.  Incomplete files are your enemy. (3) Submit very complete, very accurate forms that supplement your application for benefits.  These forms include the Function Report and Work History Report. 3)  Before you appear at a hearing, make sure you know what will happen at the hearing and what your part in the hearing will be.  Have someone prep you; don't just show up and hope for the best. 4)  Emphasi...

If you apply for Social Security disability benefits, you will initially deal with the Social Security field office that serves the county in which you reside.  For Madison County, that is the Huntsville office.  For Limestone, Morgan or Lawrence counties, that will be the Decatur Social Security Office. However, decisions on disability applications are not made by the local office.  Once the local Social Security office accumulates the proper forms, the application will be sent to a state agency known as the Disability Determination Service (DDS) in Birmingham. The DDS will order your medical records and evaluate your claim to see whether you meet the requirements to receive SSDI or SSI benefits.  In addition to medical records, the DDS will examine the work you have performed during the most recent 15 year period.  They must determine whether you can (a) continue to perform any of your past relevant work, or (b) perform any other work which exists in the n...

Social Security uses an obsolete publication to identify jobs that a disability claimant may be able to do.  These jobs, in turn, are often used to deny disability claims.  The publication required by Social Security decision makers is The Dictionary of Occupational Titles (DOT) , first published in the 1930s and last updated in 1993.  The DOT describes 12,569 jobs.  Many of them are obsolete, from a bygone era.  Here are a few of the more ridiculous jobs found in the DOT.  The DOT code number is given, to prove this is no joke. Horse Identifier   DOT Code 153.387-010 Horse and Wagon Driver  919.664-010 Butter Melter   523-585-010 Animal Impersonator   159.047-018 Bucket Chucker   664.685-014 Belly Roller   583.685-094 Side Splitter   525-684-018 Worm Picker   413-687-010 Egg Smeller   521.687-042 Bowling Ball Weigher   732.487-010 And my personal favorit...

The Forsythe Firm in Huntsville has assisted hundreds of individuals to obtain Social Security disability payments and to recover back pay.  Our success is largely due to a set of core values that we live and work by.  I want to share some of these values with you, because I think they are what you may be looking for in a disability advocate: SOME OF OUR CORE VALUES a firm commitment to the client's best interest personal dedication to every aspect of the case your ability to meet with your representative any time access to your representative, even his cell phone number and personal email address focus only on Social Security disability matters  no fees or costs unless we produce an award that pays you--no exceptions the fastest possible turn-around in our service* a proven track record in results If you go to an out of state 800 number for your representation, here are some problems you may experience: You may speak only to a secretary or call center e...

In our experience with Social Security disability claims, there are some factors that seem to increase a claimant's odds of being approved for benefits.  Here are some of them: a long, steady employment history; being age 50 or above (though not required to get benefits) ; failed work attempt(s) after the disability onset, demonstrating the desire to continue working;  proper written statements from one or more treating doctors (not just any statement, the proper statement)  Doctors may provide 2 types of evidence.  One is objective evidence, the other is opinion evidence.  Most Social Security cases go to trial with only the routine medical records from the doctors.  This can't be relied on to produce an award.  Opinion evidence, on the other hand, provides the doctor's opinion about how the claimant is limited in the ability to perform work activities (sitting, standing, walking, lifting, bending, concentrating, remembering, regular attendan...

The US Social Security Administration (SSA) administers two very different programs for the disabled and aging: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI, also called Title II, is based on the claimant's work record where FICA taxes were withheld from paychecks, matched by employers, and placed into the SSDI trust fund.  When the worker proves disability, benefits may be paid out of this trust fund.  There is no means testing for SSDI benefits.  A person need not be poor or have limited financial resources to get SSDI, since he or she paid for the insurance during his her working career.  The two essential requirements to get SSDI benefits are: The claimant has sufficient work history to be insured under the Title II of the Social Security Act, and A severe and medically determinable impairment can be proven which significantly limits the ability to work   SSDI beneficiaries will usually qualify for Medicar...

Are you applying for Social Security disability?  Expect a long wait.  It is taking 4 go 6 months to get the initial decision.  If that decision is unfavorable, an appeal will take much longer.  In Alabama, it is taking an average of 15.6 months to get a hearing.  In the Florence ODAR office, which handles most of the appeals in north Alabama, the average wait is 15 months for a hearing. The Social Security disability appeal process first got seriously "behind" during Gerald Ford's administration.  It made progress, then got bogged down during the 2007-2008 recession.  Today, there are over 1 million disability cases in the appeal process nationwide.  With only about 1,400 administrative law judges working to clear this enormous backlog, hearings are still at least 15 months away for the average claimant. Administrative law judges are quick to point out that it is not the attorneys' or representatives' fault.  It's the system.  Congr...

Failure to completely fill out all the Social Security forms will practically guarantee a den ial of benefits.  The most neglected form is the Work History Report. The Work History Report is used by Social Security to determine the exerti on category of past work:  Was it light, medium, heavy or very heavy work ? A claimant needs for the past work to be properly classified and this means the Work History Report must be complete and accurate .  I estimate that it takes about 1 hour to correctly fill out the Report. I am now writing a brief on an appeal case. I just looked at the claimant's Work History Report.  This report was filed by the claimant with the original application almost 2 years ago.  What I want to know is, how much standing, walking , reaching, bending and lifting the claimant was required to do in her previous jobs. What I find on the Work History Report is a lot of blank spaces. N o information was filled in by the claimant...