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...