When an individual works enough and pays enough FICA tax to Social Security, he or she becomes "insured" for SSDI, thus is eligible to file a new claim for benefits when becoming disabled.
However, when a person stops working, he no longer pays FICA tax because it is withheld from payroll. No payroll, no tax paid. Therefore, SSDI insured status (eligibility) ceases or "evaporates" after a period of time. This time is usually about 5 years.
Many people believe that because they once worked, they are insured against disability for the rest of their lives. This is not true. SSDI coverage expires after a few years of no work.
The date on which SSDI coverage expires is called "the Date Last Insured" or DLI for short.
The only way to know your DLI for certain is to contact the Social Security office and ask. Every individual who has ever worked as a DLI in their Social Security file. After the DLI expires, it's very difficult to file a new disability claim.
An Illustration
Debbie worked from 1979 until 2012. She quit working in 2012. Her coverage under Social Security Disability Insurance (SSDI) continued until her Date Last Insured, which was 12/31/17. She would be covered for a disability which began before 12/31/17 but not one which began after that date, regardless of how much she paid in in earlier years.
So, it isn't just a question of how much you worked, it's also a question of how recently you worked.
If you have stopped working within the last few years, the clock is ticking toward the expiration of your SSDI (disability) insurance with Social Security. It's like any other insurance; it has a definite beginning date and a definite ending date.
The Forsythe Firm, Huntsville, AL - Social Security Disability Specialists - (256) 799-0297
Sunday, January 12, 2020
HOW TO PREPARE TO FILE AN SSDI APPLICATION
There are certain things you need in order to file a complete, proper application for Social Security disability. It's best to gather these items before you begin the long application process, whether you plan to file online or at the Social Security office.
Here are the essentials that you will need:
PERSONAL INFORMATION
EMPLOYMENT HISTORY FOR 15 YEARS
MEDICAL INFORMATION
Social Security orders only the records you tell them about, and always by mail. If they have a bad or incomplete address, your records will not arrive and your decision will be based on incomplete information. This may delay benefits by 2 years while you appeal. I've found that there is a limited amount of time Social Security will spend trying to locate doctor's for whom they have no address. By helping them find your doctor, you help yourself and your claim.
Another important note: Once you have filed your application, you still aren't finished. In about 10 days you will receive a large packet of forms in a manila envelope in the US Mail. At a minimum, this envelope will include:
1) A Function Report, and
2) Work History Report
Both of these must be completed and returned within 10 days. These forms are often ignored or completed partially, which always hurts your odds of approval.
If you experience difficulty with these forms, ask a relative, friend or someone else you trust to sit down with you and help you complete them.
A well completed application package follows you into any future appeals that you file. It can serve you well, or not so well, for months or years to come--as you struggle through the disability application process. It's a lot of work, and a big investment of your time.
Here are the essentials that you will need:
PERSONAL INFORMATION
- Name, address, phone no., date and place of birth, SSN
- Name, address, phone of another contact who knows you
- Spouse's name, DOB, SSN, date/place of marriage
- Same information for any previous marriage lasting 10 years or longer
- Date and place of divorce, if any, for any marriage lasting 10 years or longer.
EMPLOYMENT HISTORY FOR 15 YEARS
- Name, address, phone for each former employer
- Dates you worked for each employer
- Your job title (type of work) for each employer
MEDICAL INFORMATION
- Name, full address, phone for each doctor, clinic, emergency room, hospital, counselor, etc. going back at least 2 years
- First date, last date you saw each provider (approximate)
- Name of each medical impairment
- List of medications you now take--dosage, name of doctor, what each medication is for
- Side effects of your medications, if any
Social Security orders only the records you tell them about, and always by mail. If they have a bad or incomplete address, your records will not arrive and your decision will be based on incomplete information. This may delay benefits by 2 years while you appeal. I've found that there is a limited amount of time Social Security will spend trying to locate doctor's for whom they have no address. By helping them find your doctor, you help yourself and your claim.
Another important note: Once you have filed your application, you still aren't finished. In about 10 days you will receive a large packet of forms in a manila envelope in the US Mail. At a minimum, this envelope will include:
1) A Function Report, and
2) Work History Report
Both of these must be completed and returned within 10 days. These forms are often ignored or completed partially, which always hurts your odds of approval.
If you experience difficulty with these forms, ask a relative, friend or someone else you trust to sit down with you and help you complete them.
A well completed application package follows you into any future appeals that you file. It can serve you well, or not so well, for months or years to come--as you struggle through the disability application process. It's a lot of work, and a big investment of your time.
Friday, December 29, 2017
SSDI FOR VETERANS: GET THE EXTRA MONEY YOU HAVE EARNED
(HUNTSVILLE, AL) - ATTENTION VETERANS:
Social Security disability benefits are not "welfare." They are insurance benefits paid for by your years of military service and mandatory taxes deducted from your pay during your entire military career.
Now that you are disabled, you are entitled to a monthly benefit from Social Security. This benefit is in addition to any VA retirement or VA disability benefit that you already receive, or will receive in the future.
How do you claim your SSDI benefits? You must file an application with the Social Security Administration (SSA). This is completely separate from the VA disability or retirement application.
Be aware that Social Security is different from VA benefits in several ways:
1. There is no partial disability with SSDI: it is all or none.
2. Social Security rules state that you must be unable to perform any type of full-time work (under age 50) or unable to perform the kind of work you did during the previous 15 years (age 50 and over).
3. Up to two-thirds of Social Security claims will be denied at the initial (application) level. These claims must be appealed within 60 days of denial. The odds of winning on appeal are much better.
4. You may need the assistance of a trained advocate or attorney for the best chance of getting your benefits, including the back pay to which you are entitled. You may save a small fee by representing yourself, only to lose big money by failing to get all the benefits to which you are entitled. What you don't know can, and probably will, hurt you.
5. An attorney or advocate cannot charge you a fee until 2 requirements are met:
(a) You win your claim and get paid, and
(b) You receive lump sum back pay
An attorney or advocate qualified for Direct Payment of Fees by the Social Security Administration will never ask you for money. They will be paid directly by Social Security after your case has settled and you receive your money.
If you need a free consultation with no obligation, please call our Huntsville office:
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
(256) 799-0297
SOCIAL SECURITY JUSTICE (WEBSITE)
Social Security disability benefits are not "welfare." They are insurance benefits paid for by your years of military service and mandatory taxes deducted from your pay during your entire military career.
Now that you are disabled, you are entitled to a monthly benefit from Social Security. This benefit is in addition to any VA retirement or VA disability benefit that you already receive, or will receive in the future.
How do you claim your SSDI benefits? You must file an application with the Social Security Administration (SSA). This is completely separate from the VA disability or retirement application.
Be aware that Social Security is different from VA benefits in several ways:
1. There is no partial disability with SSDI: it is all or none.
2. Social Security rules state that you must be unable to perform any type of full-time work (under age 50) or unable to perform the kind of work you did during the previous 15 years (age 50 and over).
3. Up to two-thirds of Social Security claims will be denied at the initial (application) level. These claims must be appealed within 60 days of denial. The odds of winning on appeal are much better.
4. You may need the assistance of a trained advocate or attorney for the best chance of getting your benefits, including the back pay to which you are entitled. You may save a small fee by representing yourself, only to lose big money by failing to get all the benefits to which you are entitled. What you don't know can, and probably will, hurt you.
5. An attorney or advocate cannot charge you a fee until 2 requirements are met:
(a) You win your claim and get paid, and
(b) You receive lump sum back pay
An attorney or advocate qualified for Direct Payment of Fees by the Social Security Administration will never ask you for money. They will be paid directly by Social Security after your case has settled and you receive your money.
If you need a free consultation with no obligation, please call our Huntsville office:
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
(256) 799-0297
SOCIAL SECURITY JUSTICE (WEBSITE)
WHAT IS A REPRESENTATIVE PAYEE?
In some cases, Social Security will appoint another person to be responsible for how your disability benefit check is spent. This person is called a representative payee.
The representative payee (RP) may be a spouse, family member, friend, or even a corporation that specializes in supervision of benefits. The RP must be approved by the Social Security Administration.
When will a representative payee be needed? Any time there is a question about the claimant's ability to use benefits in his/her best interest. This could be because of a drug or alcohol problem, a mental illness, serious physical illness that affects judgment and decision making-- or other reasons.
SOCIAL SECURITY ADVOCATES 2018
(256) 799-0297
THE FORSYTHE FIRM
The representative payee (RP) may be a spouse, family member, friend, or even a corporation that specializes in supervision of benefits. The RP must be approved by the Social Security Administration.
When will a representative payee be needed? Any time there is a question about the claimant's ability to use benefits in his/her best interest. This could be because of a drug or alcohol problem, a mental illness, serious physical illness that affects judgment and decision making-- or other reasons.
SOCIAL SECURITY ADVOCATES 2018
(256) 799-0297
2018 DISABILITY BENEFITS - ADVOCATES WHO WIN
What can you do to increase your odds of being approved for Social Security disability benefits in 2018? Here are the top things on my list:
1. Get your doctor involved. Have him or her complete an RFC form. Your attorney/representative will know about this form and why it is important.
2. Stay compliant with medical treatment. We see many claims denied simply because of little or no medical treatment. Social Security takes the attitude: "If the doctor didn't say it, it isn't true."
3. Keep your attorney/representative informed of all medical treatment--new doctors, new diagnoses, hospitalizations, tests, etc. Many people don't know it, but Social Security orders no medical records after an appeal is filed. If you have a representative, it is up to the representative to update the medical records. You must tell your representative when you see a doctor, enter the hospital, go to the ER, etc. There is no automatic way to "just know."
4. If your disability relates to episodic flareups like migraine headaches, seizures, high blood pressure or out of control diabetes, keep a record. Write down the date of seizures. Record dates when you have migraines, along with how long they last. Same thing for seizures: record date of each seizure and what happened. If you can't remember, get a family member to write down what happened in your journal. Keep a record of blood pressure and blood sugar readings.
https://forsythefirm.wixsite.com/website
Call us: (256) 799-0297
Absolutely free consultations. We never ask you for money. Social Security will pay our fee directly after you are approved.
1. Get your doctor involved. Have him or her complete an RFC form. Your attorney/representative will know about this form and why it is important.
2. Stay compliant with medical treatment. We see many claims denied simply because of little or no medical treatment. Social Security takes the attitude: "If the doctor didn't say it, it isn't true."
3. Keep your attorney/representative informed of all medical treatment--new doctors, new diagnoses, hospitalizations, tests, etc. Many people don't know it, but Social Security orders no medical records after an appeal is filed. If you have a representative, it is up to the representative to update the medical records. You must tell your representative when you see a doctor, enter the hospital, go to the ER, etc. There is no automatic way to "just know."
4. If your disability relates to episodic flareups like migraine headaches, seizures, high blood pressure or out of control diabetes, keep a record. Write down the date of seizures. Record dates when you have migraines, along with how long they last. Same thing for seizures: record date of each seizure and what happened. If you can't remember, get a family member to write down what happened in your journal. Keep a record of blood pressure and blood sugar readings.
https://forsythefirm.wixsite.com/website
Call us: (256) 799-0297
Absolutely free consultations. We never ask you for money. Social Security will pay our fee directly after you are approved.
Tuesday, December 26, 2017
DISABLED BUT CAN'T GET BENEFITS? YOU NEED HELP.
Being disabled is one thing. Getting benefits for a disability is another.
Two-thirds of all disability claims will be denied in 2018, as they were in 2017.
And most of the denials happened to people who were truly disabled--even according to Social Security's strict definition.
So, is there hope of getting approved and getting paid? Yes, there is. It is the process that is long, difficult and confusing. Most people find that they need professional help to successfully defend a Social Security disability claim.
Denial letters usually read: "You are not disabled according to OUR rules." It is their rules that cause the problem.
Social Security's definition of disability is horribly narrow. They generally interpret "disability" as being unable to perform any kind of full-time work. Therefore, if they believe a claimant can work as a garment folder, a silverware wrapper or a ticket taker--they will deny the claim.
Wait a minute, you say. Nobody can get one of those jobs. You're right but it doesn't matter. Social Security is not required to show that you can get a job, only that you would be able to perform the job--and the regulations permit them to deny your claim.
They key to being approved is air tight medical records that document the nature, longevity and severity of your impairment(s). You must also address why you cannot perform any of your past relevant work OR any other kind of work. You must relate specific, objective medical evidence to your restriction in activities like sitting, standing, walking, lifting, bending, reaching, staying focused, etc. This is difficult.
If you want the best chance of being approved at the application level, please contact us. If you have applied and recently been denied, please contact us. If we accept your case for representation, we will never ask you for money. If you are approved and back pay is issued, Social Security will pay our fee directly. If you are not approved, no fee will be due.
Initial consultations are free and without obligation.
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
Sunday, December 17, 2017
DISABILITY BENEFITS FOR BACK PROBLEMS
Back impairments create the largest area of Social Security disability awards. Undefined "back pain" isn't enough to get a disability check, however.
Social Security will want a medical doctor to find the root cause of back pain. Generally, this will fall under degenerative disc disease of the spine or joints. You will need imaging studies, such as X-rays or better yet, an MRI, to show the cause of the pain.
If the imaging study shows a degenerative disease of the spine or joints, then we must consider the severity of the disease and how it limits your ability to perform work-related activities, such as walking,standing, sitting, lifting, bending, kneeling, crouching, crawling, etc. To get a disability benefit, you must usually show that (a) you are not able to perform any of your past relevant jobs and (b) there is no other work available in the national economy that you are able to perform.
It is always helpful to have your doctor provide a residual function capacity (RFC) report or a treating source statement. These statements will specify how severe your limitations are in terms of performing the exertional and postural activities required of work.
Social Security will consider your medical evidence along with your education, age and past relevant work experience to determine whether you meet their rules for disability.
Here is the bottom line: If you are found able to perform some type of work that is commonly performed in the US economy, you will probably be found able to work and denied benefits. On the other hand, if your impairment is judged to be so severe that you cannot perform any full-time work on a "regular and continual basis," you will be approved. The claimant's age plays a definite part in this determination.
My firm will provide a free case evaluation and determine whether you are likely to meet Social Security's requirements for a disability benefit. Keep in mind, however, that no one can guarantee how Social Security will rule on a particular claim.
FORSYTHE FIRM - MORE INFORMATION
IF WE REPRESENT YOU, WE WILL NEVER ASK YOU FOR MONEY. IF YOUR CLAIM IS APPROVED AND BACK PAY IS ISSUED, SOCIAL SECURITY WILL PAY US DIRECTLY.
Social Security will want a medical doctor to find the root cause of back pain. Generally, this will fall under degenerative disc disease of the spine or joints. You will need imaging studies, such as X-rays or better yet, an MRI, to show the cause of the pain.
If the imaging study shows a degenerative disease of the spine or joints, then we must consider the severity of the disease and how it limits your ability to perform work-related activities, such as walking,standing, sitting, lifting, bending, kneeling, crouching, crawling, etc. To get a disability benefit, you must usually show that (a) you are not able to perform any of your past relevant jobs and (b) there is no other work available in the national economy that you are able to perform.
It is always helpful to have your doctor provide a residual function capacity (RFC) report or a treating source statement. These statements will specify how severe your limitations are in terms of performing the exertional and postural activities required of work.
Social Security will consider your medical evidence along with your education, age and past relevant work experience to determine whether you meet their rules for disability.
Here is the bottom line: If you are found able to perform some type of work that is commonly performed in the US economy, you will probably be found able to work and denied benefits. On the other hand, if your impairment is judged to be so severe that you cannot perform any full-time work on a "regular and continual basis," you will be approved. The claimant's age plays a definite part in this determination.
My firm will provide a free case evaluation and determine whether you are likely to meet Social Security's requirements for a disability benefit. Keep in mind, however, that no one can guarantee how Social Security will rule on a particular claim.
FORSYTHE FIRM - MORE INFORMATION
IF WE REPRESENT YOU, WE WILL NEVER ASK YOU FOR MONEY. IF YOUR CLAIM IS APPROVED AND BACK PAY IS ISSUED, SOCIAL SECURITY WILL PAY US DIRECTLY.
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