HUNTSVILLE DISABILITY GUIDE

In 2008, the average wait time for a Social Security disability hearing was 514 days.  In 2011, the wait time fell to 360 days.  By the end of fiscal 2013, the goal is further reduce the wait down to 270 days - or about nine months. My experience here in Alabama is that the Offices of Disability Adjudication and Review are frantically scheduling hearings and using every opportunity available to reduce the wait.  This means holding hearings at district offices, "satellite" locations and using video teleconferences.  I am actually seeing some hearings scheduled within the 9 month period already. Most of the claimants that I represent are in dire need of their disability benefits.  Some are virtually homeless, living with a friend or relative until they can get their disability case resolved.  Some are suffering home foreclosures.  Many cannot afford urgent medical care.   The reduced waiting times are good news for these claimants.

Starting November 19th, 2012 Social Security district offices will begin closing 1 hour earlier. (The Huntsville and Decatur offices have been closing at 3:00 PM for some time).  Beginning January 2, 2013 Social Security district offices will begin closing to the public each Wednesday at noon. Why the change?  There is a hiring freeze and overtime restrictions at Social Security. The district offices cannot afford to pay overtime necessary to maintain the hours or levels of service they provided in the past.   This means several things to the public who may have business with Social Security.  Expect to wait longer to see someone when you visit a district office and expect a longer on hold time when you call a Social Security office.  Employees will still work regular hours but the Social Security district offices will be closed to the public earlier each day.  Another problem may be delays in processing SSI claims and payments, since SSI payment...

I recently received a phone call from a lady who told me she had just walked out of a Social Security disability hearing.  She had gone in unrepresented and the judge suggested that she delay her hearing and find representation.  Good advice and most judges will either postpone the hearing to give the claimant a chance to hire a representative or they will have the claimant sign a waiver of representation. Here is what my client said about her experience with the hearing.  "It took me about five minutes to realize that I was in over my head.  I thought it was just a matter of going in and telling my story to the judge.  I found out it involves much more than that." Some of the things you will probably have to deal with in a Social Security disability hearing include: potentially adverse testimony from the vocational expert challenge to some of your evidence from the hearing judge Has your past work been properly classified? Are the judge's hypothetical ...

Posted by:  The Forsythe Firm, Social Security Disability Advocates (256) 799-0297   No Fee Due Unless We Win & Obtain Back Pay for You A question we often get is, "Will drug abuse (or alcoholism) qualify me for Social Security disability benefits?" Or, "Will drug abuse (or alcoholism) disqualify me for Social Security disability benefits?" The answer to both questions is, No. A person may not qualify for Social Security disability merely on the basis of alcoholism or other substance abuse.  On the other hand, a person should not be disqualified merely on the basis of alcoholism or substance abuse. The definitive legal ruling on that is found in 20 CFR §404.1535:  "The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol." So an individual cannot qualify ...

Grid Rules is a term referring to the Medical-Vocational Rules found in CFR 20 404, Subpart P, Appendix II.  They guide a finding of either "disabled" or "not disabled" based on the claimant's exertional capacity* and vocational factors such as age, education and transferable skills. The "Grids" divide age into categories as follows: Advanced age (55 and over) Closely Approaching Advanced Age (50-54) Younger Individual (45 - 49) Younger Individual (18-44) As a Social Security disability case is being prepared, it is very important to refer to the Grid Rules. The judge who decides your case will likely use them as a guide if your medical condition does not meet a specific listing or your exertional capacity is sedentary or greater. Grid Rules do not apply to impairments caused by strictly  mental  disorders. *Exertional capacities are the classifications of work based on such factors as lifting, carrying, pushing, pulling, etc.  The clas...

Earlier this year, the US Social Security Administration told US administrative law judges (ALJs) that they cannot use the internet to investigate disability claimants.  Senator Thomas Coburn (R-OK) responded by saying this ban removes a valuable tool to investigate fraudulent applications for disability benefits. Sen. Coburn used this example, which I have paraphrased.  Suppose an ALJ looks up an applicant on Facebook.  There he finds pictures and discussion of the applicant playing sports or participating in his bowling league.  If the applicant has claimed severe back problems on his application, his credibility is suddenly called into question. I caution my clients to stay off of Facebook and the social media and I believe that is still very good advice.  It remains probably the first place investigators look when trying to deny benefits (even for disability claims with private insurance companies). Use common sense but don't become paranoid.  For e...

Our firm frequently handles Social Security disability claims for individuals with a mental or emotional impairment.  I think there are 2 challenges to winning these type of claims for our clients. First, we should direct the claimant to good medical treatment.  Too often people will ignore psychological problems - sometimes because they are self-conscious, or perhaps because they think they can't afford treatment.  The lack of medical treatment not only hurts the ability to win a Social Security disability claim, it also results in the patient not getting better.  Our office will gladly provide you with non-profit clinics or mental health providers that may help at a fee you can afford to pay. The second challenge is, we have to show the results of the impairment in vocational terms.  How does this condition prevent the individual from working?  What mental functions are impaired?  Is it concentration, mood, memory, the ability to follow instructi...