Thursday, November 27, 2014

DISABILITY 101 - A 'TRUE' OR 'FALSE' QUIZ ABOUT VETERANS DISABILITY

Presented by the Forsythe Firm of Huntsville, this is intended to be informational for military service members or veterans who are disabled and may need Social Security disability benefits.

TRUE OR FALSE?

1.  If you are still receiving active duty military pay you are not eligible for Social Security disability benefits?

Answer:  False.  Active duty pay does not, in itself, make you ineligible for Social Security disability.  The key is that you are unable to perform work activities.  If you are unable to work, you may still qualify.

2.  A veteran who is receiving a disability benefit from the Veterans Administration cannot get Social Security disability benefits at the same time.

Answer:  False.  Social Security disability may be paid in addition to any VA benefits.  One program does not conflict with the other one.

3.  If you have a 100 percent permanent disability rating from the VA, Social Security will automatically approve you for disability benefits.

Answer:  False.  You must still meet Social Security's own rules for disability, which are not identical to the VA rules.  However, a 100 percent permanent VA disability rating will qualify for expedited claim processing with Social Security.

4. You may apply for Social Security disability before you leave active military service.

Answer:  True.  This relates to question 1 above.  If you are unable to perform work, even though you have not yet been medically discharged, you may qualify for Social Security disability benefits now.  Don't delay your application - apply now.

For assistance with benefits through the Wounded Warrior program, contact Charles Forsythe, partner, at the Forsythe Firm in Huntsville.  (256) 799-0297.

Friday, August 29, 2014

DISABILITY 101 FOR VETERANS

How May Disabled Veterans Qualify for Social Security Disability Benefits?

www.VeteransDisabilityHuntsville.com

This little "quiz" may provide some interesting and helpful information for veterans who served their country and have a disability which prevents them from working in the civilian world.  ANSWERS ARE FOUND AT THE BOTTOM OF THE SCREEN BELOW THE SET OF QUESTIONS.

1.  Are veterans covered by the US Social Security Act?  (See answers below)

2.  If a veteran receives a cash disability benefit from Social Security, will it reduce the VA benefit he or she receives?

3.  Must an impairment be related to military service to qualify for Social Security disability benefits?

4.  Will Social Security automatically accept a VA disability rating as a basis for approving additional benefits?

5.   Is it correct that mental impairments such as PTSD or anxiety are not considered by Social Security in a disability claim?

6.  How is a professional disability representative or advocate paid?

7.  What is the maximum monthly benefit for Social Security disability?

8.  Are children or dependents eligible for Social Security based on a parent's disability?

ANSWERS

1.  Yes.  Military service (all branches) is covered by Social Security.

2.  No.  Any Social Security disability benefits will be in addition to VA benefits.

3.  No.  A disabling impairment may or may not be related to military service.

4.  Unfortunately, no.  Social Security has its own application process and its own rules for disability.  While they may consider the findings of the VA, those findings are not binding on Social Security.

5.  No, this is not true.  Social Security must consider all physical and mental impairments when deciding whether you are disabled.  Mental impairments do count.

6.  An advocate or representative is paid an approved fee if the claimant is approved and is paid retroactive benefits or "back pay."  The fee is a percentage of the back pay only.  If the advocate is eligible for Direct Pay with Social Security, the agency will deduct the fee and pay it to the representative when the back pay is settled.

7.  Social Security may pay over $2,600 per month in cash benefits to qualified claimants.  The exact amount of benefits will vary by individual case because of factors like age, past earnings, etc.

8.   Dependents may be eligible for Social Security benefits under a parent's coverage.  There are also provisions for widows and widowers who meet certain provisions.

Monday, July 28, 2014

QUESTIONS ABOUT THE DISABILITY APPEAL PROCES - TAKE THE TEST JUST FOR FUN - OR TO LEARN

Sponsored by the Forsythe Firm, Alabama Social Security disability specialists.  (256) 799-0297

1.  True or False?  Alabama is a prototype state. If your disability application is denied by Social Security, you must first ask for a reconsideration before you can request a hearing?

2.  Besides Alabama, how many other states are "prototype states"?

2.  Which of the following is typically not present in a Social Security hearing?
a)  the claimant's representative
b) a vocational witness
c) a recording clerk
d) a supportive family member of the claimant

3.  In a hearing, the vocational witness testifies that the claimant has a college degree, has worked more than 20 years in light exertional unskilled work; therefore, she has skills that will transfer to sedentary work.  What's wrong with this testimony?

4.  A vocational expert testifies during a hearing that the claimant, in spite of his limiting impairments, can perform the work of an egg washer at a poultry farm.  The expert testifies that there are 23 such jobs in Alabama and more than 1,000 such jobs in the United States.  Is there any basis for the claimant's representative to object to these job numbers?

5.  True or False?  If a claimant is found to have received unemployment benefits after he claims to have become disabled, the judge will either deny his claim altogether or will deduct the amount of unemployment benefits from the claimant's back pay.

6.  The vocational witness in your hearing testifies that the mental demands of work are not as important as the physical demands.  This contradicts Social Security Rule 85-15.  Should your representative point this out to the vocational witness?  Why or why not?

ANSWERS

1.  False.  You may file an immediate request for hearing.

2.  9

3.  No skills were learned or used in past unskilled work, so there are none to transfer.

4.  One obvious objection is that the job numbers do not represent a "significant number of jobs," although that term has never been defined.  Another objection might be the source of the job numbers--where did they come from?

5.  Not a simple True or False question.  Some judges might take either of the actions mentioned; however, I've seen other judges who do not make a big issue of unemployment benefits.  There is presently no law that makes it illegal to receive both unemployment benefits and Social Security disability benefits.  Some judges still object to it.  The real problem is credibility.  To receive unemployment benefits, the individual must be looking for work.  Does that mean he is not disabled?

6.  Objection to vocational testimony must be directed to the judge, not to the vocational witness. 
 

BASIC DISABILITY FACTS: TEST YOUR KNOWLEDGE

Check out your knowledge of basic Social Security disability facts.  It might enlighten you, especially if you are considering filing a disability benefits claim or have recently filed a claim.  Answers are given at the end.

1. What are the financial resource limits for an individual wishing to get Supplemental Security Income or SSI?

2.  What are the financial resource limits for a couple wishing to receive SSI benefits?

3.  If a claimant's established onset date (EOD) is July 17, 2013--when will he be eligible to receive the first month's payment in a Social Security disability or Title II claim?

4.  If the individual in question 3 had filed a Title XVI claim (SSI), when would he first be eligible for payment of benefits?

5.  John, who is not blind, works 30 hours per week and earns $345 per week in gross hourly earnings.  Will this income make him non-eligible for a Title II disability claim?  Why or why not?

6.  Sheila worked as a dental hygienist for 11 years but stopped working 6 and one-half years ago at age 37. She recently found out that she has a life threatening illness and probably will  never be able to work again.  Can she file for a Social Security disability claim under Title II (regular Social Security disability)?  Why or Why not?

7.  Sheila (in No. 6) cannot work but her husband is an engineer who earns $90,000 per year.  Will Sheila be able to collect SSI benefits because of her severe impairment?  Why or why not?

8.  An individual is found disabled under Social Security disability because of a severe mental illness.  This individual has 1 child who just became 19 years of age but has 7 more months before graduating high school.  Is the child eligible for dependent's benefits under the parent's disability claim?  If so, for how long is the child eligible?

9.  About what percentage of Social Security disability and SSI claims are approved at the initial application level without requiring an appeal or hearing?

10.  You hire an attorney to help you with a Social Security disability claim.  The claim is denied and you are required to appeal.  At the hearing, the judge again denies your claim.  The attorney has worked almost 2 years on your case.  Is he entitled to charge you a small fee for his time and effort?

ANSWERS

1.  $2,000 but some exclusions are available.

2.  $3,000 but some exclusions are available.

3.  January 2014

4.  August 2014 (but for SSI benefits only)

5.  He is non-eligible for SSDI benefits because he is earning above substantial gainful activity level.  (Blind individuals are allowed to have higher earnings before reaching SGA level).

6.  Probably not because she hasn't worked in over 6 years.  Her insured status with Social Security has probably expired.  Coverage expires in a few years after a person stops working.

7.  No because her husband's income counts as "household income" and it is too much for SSI.

8.  As long as the student is 19, she may be eligible for dependent's benefits for 7 months until she completes high school.  College students are not eligible as dependents.

9.  slightly under 30 percent

10.  No.  Social Security must approve all fees and they will not approve this fee.  The attorney may charge for actual out-of-pocket expenses if that arrangement was agreed upon. Social Security does not have to approve payment of expenses.
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Need help with a difficult Social Security disability claim?  Contact the Forsythe Firm in Huntsville at (256) 799-0297.

Tuesday, July 22, 2014

SEMESTER TEST - SOCIAL SECURITY DISABILITY

See how you do on the following questions about Social Security disability.  Check your answers found at the end of the test.  Just for fun.

1.  True/False.  An individual files a claim for Social Security disability but is denied.  He appeals and asks for a hearing.  While waiting for the hearing, the claimant dies.  The hearing will automatically be cancelled and the claim dismissed, since the applicant is now deceased.

2.  Which of the following would NOT be considered a financial resource in determining whether a claimant is eligible to receive Supplemental Security Income (SSI) benefits?

a)  money in a checking or savings account
b)  money set aside to purchase a new home
c)  the value of the individual's home in which he is now living
d)  the value of a burial plot

3.   Ellen's date last insured is December 31, 2013.  Under what circumstance might Ellen still file a new Title II (disability) claim in 2014?

4.  Which of the following impairments is considered a "non-exertional" impairment?

a) walking
b)  sitting
c) bending
d) lifting

5.   At what age does an individual enter the category of "advanced age" according to Social Security rules?

6.  A person who is 54 years old would be in what age category under Social Security rules?

7.  True/False.  An individual must meet one of Social Security's "Listed Impairments" in order to be found disabled?

8.  Which of the following would qualify for an expedited decision on a Social Security disability application?

a)  a claimant who is over age 60
b)  a claimant who has to live with a family member because he can't pay rent
c)  a veteran with a 100 percent disability rating from the Veterans Administration
d)  an infant who requires neonatal intensive care in a hospital

9.  What is the difference between a prototype state and a non-prototype state?

10.  How many days does Social Security allow for an appeal to be filed after a disability application has been denied?

Answers

1.  false
2.  c and d
3.  If she can show that she has a disabling impairment which began prior to December 31, 2012.
4.  b
5.  55
6.  closely approaching advanced age
7.  false
8.  c
9.  in non-prototype states a denied claimant must file for reconsideration before filing for a hearing; in prototype states, reconsideration is skipped and a request for hearing is filed.
10.  60

HERE'S ANOTHER TEST FOR YOU

Answer each question.  Correct answers are given after the test.

1.  If a claimant has never worked, what type of claim must he file if he becomes disabled prior to age 62?

2.  True/False.  If an individual becomes disabled at age 63, he may file for early retirement from Social Security and also file a claim for Social Security disability at the same time.

3.  If a worker who is insured under Social Security dies, how old must the surviving spouse be in order to file a widow or widower's claim under that worker's  Social Security record?

4.   Name the 5 exertional levels of work that Social Security may consider.

5. If a claimant is determined unable to perform any of his past relevant work, what other vocational consideration will be used to determine whether he/she is disabled under Social Security's rules?

6.   True/False.  A vocational expert testifies in a disability hearing that a claimant, age 41, has past work skills that permit her direct entry into skilled work; however, she has a residual functional capacity that only allows for light exertion.  She will probably be found disabled.

7.  A vocational expert testifies during a hearing that the claimant does not seem to meet or equal one of Social Security's listed impairments.  On what basis may the claimant or his representative object to that testimony?

8. What is the federal maximum monthly benefit for an SSI claim in Alabama?

9. Which type of health insurance comes with an SSDI or Title II disability award?

10.  When does this insurance become effective?

11.   The claimant's surgeon and family doctor both provided written statements that the claimant had been disabled for 2 years and was totally unable to perform any work.  The judge denied his disability benefits anyway.  How is this possible?

Answers to Questions


1.  Supplemental Security Income (SSI), also called Title XVI.
2.  Yes.
3.  50 or above
4.  sedentary, light, medium, heavy, very heavy
5.  Can he/she perform any other work that exists in significant numbers in the national, local or regional economy?
6.  False
7.  Vocational experts may not give medical testimony.
8.  $721 (in 2014()
9.  Medicare
10. 24 months from the date of payment eligibility
11.  Whether or not an individual is disabled is a decision reserved for the Commissioner of Social Security.  Medical doctors' opinion may be given little or no weight at the judge's discretion.

EXAM FOR SOCIAL SECURITY 101: TEST YOUR KNOWLEDGE OF SOCIAL SECURITY LAW

Answer the following questions about Social Security disability.  Answers are given at the end of the test.

1.  If a condition is not expected to end in death, how long must the condition last before it qualifies for Social Security disability or SSI benefits?

2.  True/False.  A Social Security disability hearing is usually open to spectators and anyone that the claimant wishes to bring with him or her. 

3.  Which of the following is NOT a requirement for work to be considered as "past relevant work" by Social Security?

a)  the work was performed at substantial gainful activity level
b)   the work was performed long enough for the claimant to learn to perform the job
c)  the work was not in a sheltered or subsidized workplace
d)  the work was performed at an exertion level greater than sedentary.

4.  At a hearing, the judge must determine if a claimant can perform any past relevant work.  At which step in the sequential process is this done?

5.  At which step in the sequential determination process must the administrative law judge determine the claimant's residual functional capacity?

6.  How many hypothetical questions may the administrative law judge pose to the vocational witness during a disability hearing?

7.  Assuming an award is made, what single factor has the most influence on the amount of back pay a disability claimant will receive?

8.  If a claimant filed only an application for Supplemental Security income benefits (SSI), when will he be eligible for payment if he is found disabled on the alleged onset date?

9.  If a claimant has filed both SSDI and SSI applications, and is found disabled on the alleged onset date, when will he first become eligible for a payment of benefits?

10.  What is the mandatory waiting period before benefits can be paid under a Title XIV (Supplemental Security Income) claim?

Answers

1.  at least 12 continuous months
2.  False
3.  d
4. 4th
5.  3rd
6.  an unlimited number
7.  the established onset date of disability
8.  on the first day of the month following the date of application
9.  He is entitled to SSI benefits on the first day of the month following the month of his application, assuming he meets the financial qualifications for SSI; he is entitled to SSDI benefits after a waiting period of 5 full calendar months.
10.  None.