HUNTSVILLE DISABILITY GUIDE

WHAT IS "INSURED STATUS" WITH SOCIAL SECURITY? March 25, 2017 You hear people talking about "insured status" with Social Security.  What does it mean to have "insured status"? Answer:  Insured status means that you have worked long enough and recently enough to be covered by Social Security disability insurance. Not everyone is covered by the Social Security disability program.  You must have worked to be covered. Social Security Disability Insurance (SSDI) is an insurance program underwritten by the US Government.  It is designed to cover workers.  But to be covered, a worker must accumulate a minimum number of "quarters of coverage" (QCs).  These credits are earned by working one calendar quarter and paying FICA taxes on the earnings.  In 2017, earning at least $1,300 in a calendar quarter will earn one quarter of coverage with Social Security. In the years before 1978, one QC was earned for each q...

Here is the condensed version of the talk I gave at the convention last summer.  Several people suggested that I post it as an encouragement to persons trying to get Social Security disability benefits.  I hope it helps someone. THINK OF SOCIAL SECURITY AS AN ONION Layer 1 of the onion is the application process.  You file an application for disability and wait for a decision.  As you peel this layer of the onion, there is likely to be tears.  That's because up to 75 percent of claims get denied at layer 1.  In fact, layer 1 is almost a waste of time, except you have to get past it to get to layer 2.  Warning:  If you give up after peeling layer 1, you have no hope.  Appeal a denial and move on to layer 2.  (There's a 60 day deadline to file this). Layer 2 is the hearing before an administrative law judge.  This layer doesn't stink and burn quite as bad as the first one. You're less likely to come away in tears. In fact, this ...

Here's a condensed version of the presentation I made last summer at the convention.  Several people suggested that I post this for the benefit of persons trying to get Social Security disability.  I hope it helps. IF SOCIAL SECURITY DISABILITY WAS AN ONION.... The first layer would be rotten.  This is the application process, where up to 75 percent of claims are denied.  For most people, this first layer of the onion is pretty much a waste of time, except you have to peel off this layer to get to the next one.  So, expect tears in your eyes after you peel this first layer.  But the important thing is, don't stop at layer 1. The second layer is a hearing before an administrative law judge.  This layer of the onion doesn't burn or stink as bad as the first layer.  Your chance of coming away from the hearing with benefits is better. In fact, this layer represents your best chance to win your benefits. Just be sure to follow the onion peeling ...

I've taken time to answer many of the most basic questions about Social Security disability, so you can save time, have answers and plan your financial survival.  If your question isn't answered here, please contact me at (256) 799-0297 or (256) 431-1599 and I will speak to you at no cost or obligation.  Please note that my practice is limited solely to Social Security disability, so I can address only this issue. Who can apply for Social Security disability (SSDI) benefits?  Anyone who has worked enough to be covered under the Social Security program.  Coverage is obtained by earning wages and paying FICA tax to Social Security.  Also, you need to be under full retirement age to get disability benefits.  For most folks, that's around age 66 or 67. What are the basic medical requirements to get benefits?   You must have at least one severe impairment which has lasted, or is expected to last for at least 12 consecutive months (or to end...

During the past decade I have helped dozens of veterans get Social Security disability benefits (SSDI).  Having a high VA disability rating improves the chances of getting SSDI. However, it seems to me that disabled veterans are getting a closer look, with more questions, by Social Security.   A VA disability decision is not binding on Social Security.  I tell veterans that they still have a very good chance of getting SSDI benefits but we may have to fight a little harder than we once did. Veterans need the same thing all other claimants need:  a well prepared case with air tight medical evidence showing that they are unable to work. The one rule that veterans need to recognize is:  You will have to prove your disability according to Social Security's rules .  Those rules are not the same as the VA rules. The Forsythe Firm takes good cases for both veterans and non-veterans.  And we win a very high percentage of them.  What's important ...

Irritable Bowel Syndrome or IBS often qualifies for Social Security disability benefits.  Here are the factors that Social Security must consider, based on the medical evidence. frequent unscheduled restroom breaks need for a restroom near the work station and always available number of missed work days because of symptoms pain that interferes with attention, concentration and pace medication side effects  Of course, your doctor's medical records must show a history of your diagnosis, treatment and symptoms. In addition, it is helpful if your doctor will provide a Medical Source Statement (MSS) that specifies some of your restrictions in work-related activities. What you need to show Social Security decision makers is that you would have great difficulty persistently performing any simple, entry level job because of your chronic symptoms.  Your age will also play an important part in the decision about whether you are disabled, as it always does.

You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?    No.  You should assume they made a bad decision because they probably did. In almost one-half of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong.  It hap pens in nearly half of all decisions! Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned.  File an appeal. What is the biggest mistake you can make after being denied by Social Security?   Failing to appeal the denial within 60 days is the single biggest mistake you can make. What are the risks if I appeal and lose?  ⇰There is no risk.⇦   In an appeal, you have everything to win and...

Social Security disability benefits are paid as long as the beneficiary is disabled.  If there is 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 will not 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 50 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 an...

Social Security Disability (SSDI) is complex and confusing.  I have provided the research, so you don't have to.  Think of this post as a disability survival kit.  Then, if you have questions, just call us.  The call is free.   DISABILITY BENEFITS: THE BASIC QUESTIONS FOR BEGINNERS 1) At what age may I apply for Social Security disability (SSDI)?  Answer:  Adults may apply any time before your full retirement age.  (If you were born in 1948, for example, your full retirement age is 66).  Children may apply any t ime prior to age 18 .  There are special rules for adults who became disabled prior to age 22. 2)  What monthly benefit may I expect from SSDI?  Answer: The benefit amount will vary based on your average wages and work history over the years.  The maximum monthly benefit in 2017 is $2,63877.  The average monthly benefit is about $1,166. 3) Can my spouse or dependent children also receive ...

Social Security uses an obsolete publication to identify jobs. These jobs can be u sed to deny disability claims.  The publication that Social Security decision makers must use 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 from a bygone era -but they are still in the DOT.    Here are a few of the more ridiculous jobs still listed as of 2017.   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 favorite.... Coach Driver, DO...

I think one of the most confusing Social Security topics is the "waiting period." Many people think they have to wait a certain period of time before applying for disability benefits.  This is a mistake that can cost you thousands of dollars, maybe even all of your disability benefits for the rest of your life. Here is the rule, without exception:  Apply for benefits as soon as you believe you h ave a medical condition that will last 12 months or more and will keep you from working.  Period. It will take about 4 months to get a decision on your application.  So, get it filed without waiting.  By the time you get approved, the waiting period will be over! If you are disabled, file right now.  There are several dangers in waiting. Your date last insured (DLI) may slip up on you and you lose the right to file for disability (forever). You lose benefits based on a late filing date. It simply takes several months longer to get your money than it...

During the last decade, I have had the privilege of representing dozens of disabled veterans in getting their Social Security benefits.  My success rate has been near 100 percent in these cases.   However, VA disability ratings are not binding on the Social Security Administration.  The VA may issue a 90 or 100 percent disability rating and Social Security can deny benefits. The regulations governing VA benefits are different from those controlling Social Security disability benefits.  For one thing, Social Security does not recognize a partial disability.  It's either all or none, so, no 60 percent or 80 percent disability with Social Security.   The evidence required by Social Security is also different, as are the procedures.  The key to winning Social Security disability is to prove the case according to their rules . Finally, I notice that Social Security initially denies most claims filed by disabled veterans.  I think that's b...

Many of my clients who file for Social Security disability have severe sleep disorders.  The question is, do these sleep problems equate to disability? The answer is, how do the sleep problems restrict the ability to perform full-time work?  What are the symptoms?  How frequent and how severe are the symptoms. Symptoms of insomnia, obstructive sleep apnea, narcolepsy or other sleep disorders often include: excessive daytime sleepiness fatigue loss of memory lack of concentration, persistence and pace irritability - unable to get along with supervisors, co-workers or customers at work If the medical record indicates treatment for these symptoms which has failed, then a finding of disability may be appropriate.  For example, if a person has obstructive sleep apnea which can be corrected by using a CPAP machine, then it is not disabling.  If a CPAP has been tried and failed to fix the problem, then we have valid medical problems that may hel...

This decision can be made only by the Commissioner of Social Security or her designated representative.  When you file a completed application for disability benefits, here is what happens: The Social Security office checks to see if you have worked long enough, and recently enough, to be covered. They will determine if you are applying as a covered worker, spouse, widow or dependent.  If you are applying as a worker, you must have sufficient work history to be a "covered worke r" (under Title II). Your application will be sent to the Disability Determination Service (DDS) in Birmingham where an examiner will look at your medical records to see if you have an impairment severe enough to prevent you fromp performing any full-time work. If you are under age 50, your medical condition must be so severe that you not able to perform ANY type of work, or you must meet one of the published Listings. If you are age 50 or above, you must be unable to perform any of t...

There's little doubt in my mind that the Social Security Administration (SSA) is the slowest agency within the United States Government!  It's possible, even likely, that you will wait 2 years or longer to get your appeal processed and paid. How do you keep your claim moving in this slow, bogged down system? First, you have to be familiar with Social Security rules, process and procedures.  They will always work within their own schedule, not yours.  The following tips may help you: Know what they need and give it to them.  There are certain things that SSA must have before they will make a decision on your claim--no matter what.  These things must be presented correctly, in the proper form. Submit everything in writing.  In short, telephone calls count for absolutely zero.  Put it in writing, keep a copy and verify that it was received by Social Security. Avoid generalities and be specific.  You know that 3 is more than 2.  You a...

When you apply for disability benefits, Social Security will ask about your normal daily activities.  This information is gathered in two ways: First, information about daily activities is gathered in the Function Report, a form sent to you right after you submit your disability application. You furnish details about daily habits, such as cooking, shopping, housework, yard work, caring for your children...etc. Second, if you are denied and go for a hearing, the administrative law judge will usually ask, "Tell me how you spend a day at your house, what happens during the day?" Judge's don't expect you to testify that you lie in bed all day with agonizing pain, never get out of the house, and that you keep the emergency room on speed dial.  On the other hand, if your daily activities seem fairly unrestricted, the judge may conclude that your activities amount to a "work equivalency" and find that you are not disabled. A disabled person may be able t...

While some doctors seem reluctant to get involved with the disability determination process, others are concerned about their patient's overall well being and will provide truthful, fair evaluations of medical conditions. The truth is that Social Security places a lot of value on the opinion of the doctors who treat you.  Your treating doctor is recognized as the person most familiar with your medical conditions, symptoms and restrictions. Your doctor's opinions will be given more weight than the opinion of other doctors, such as a doctor who works for Social Security. Social Security states their position on this in the fe deral regulations at  20 CFR 494.1527. As an advocate who has appeared a hundreds of disability hearings, here are some things I have learned about obtaining doctor's written evidence: It takes more than routine medical records. The doctor's opinion must be very specific as to the restrictions imposed by your symptoms or conditions. It...

Disabled veterans should be receiving both VA benefits and Social Security disability benefits.  One benefit does not reduce or interfere with the other. Be aware that Social Security doesn't make it easy to get benefits and this is true even for veterans.  A large percentage of fully qualified veterans are denied--even though they meet all the criteria for benefits.  If this happens to you, appeal the denial immediately and go "up the chain of command " at Social Security. Also, there is a lot of bad information floating around these days about veterans and Social Security.  Be sure you know the facts before you decide to give up on Social Security benefits.  (Most of the cases that we win were denied earlier in the process). For example, you do not have to wait until you are out of military service to apply for benefits.  You may qualify for disability benefits while receiving active duty pay if you are unable to perform your military...

" Sometimes, judges deny benefits even when they believe the claimant is truly disabled...  Because the case is not technically proven according to Social Security's rules." Medical evidence is the key to being approved for Social Security disability benefits. There are 2 types of medical evidence, both important. The first type is OBJECTIVE EVIDENCE.  This includes such things as lab tests, X-rays, MRI or other imaging.  The goal is to document with medical fact that you have certain conditions which could reasonably cause a decrease in your ability to function. The second type of OPINION EVIDENCE.  This includes the professional opinion of your treating doctor, stating specifically and in exact detail how your objective medical conditions cause impaired functioning.   A special form is the best way for your doctor to provide this opinion.  Key areas that must be addressed are your abilities to sit, stand, walk, lift, reach, bend, use your hands...

Advocate wanted for a Social Security disability hearing. Since I have no other source of income, my entire financial future depends on getting Social Security disability.  I understand that, according to the national average, only 42 percent of claimants win their hearings.  The odds are automatically against me. I want an advocate who can really help me.  Here are some questions I would ask of this person before I hire him: 1.  Do you have a win ratio above the national average (above 42 percent)? 2.  Do you have several years of experience representing claimants in Social Security hearings? 3.  Do you have a good understanding of the Social Security laws and regulations? 4.  Do you know what is likely to happen at my hearing and can you help me prepare for it? 5.  Can you tell me if I meet a Listing or if one of the Medical-Vocational Guidelines directs a finding of "disabled"? 6.  Have you examined my case to see if there ...

5 persons are usually present in a Social Security disability hearing.  Only 1 of them is allowed to be on your side. The 1 person who is on your side is your attorney/advocate.  He or she is the only person in that hearing with an open agenda--to help you win and receive benefits. There is one person, and one person only, looking ou t for you.  That person is your advocate/attorney. "Your advocate should be straining every nerve, muscle, bone and fiber to help you win your case and get benefits paid."   The administrative law judge (ALJ) is NOT on your side.  He is a neutral fact finder who DENIES more claims than he pays. On average, the judge will only approve 42 percent of cases at the hearing level. He or she is NOT there to help you win (and does not pretend to be). The vocational expert is NOT on your side.  This person, too, is supposed to be a neutral person, paid by Social Security, who cannot and must not be committed to helpi...