THE FORSYTHE FIRM
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 time 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. The
maximum monthly benefit in 2016 is $2,639. The average monthly benefit
is $1,166.
3)
Can my spouse or dependent children also receive benefits? Answer:
Yes, dependents may qualify for benefits based on the wage earner's
disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.
4)
Will I get Medicare insurance with my disability benefits? Answer:
Yes but there is a waiting period. Medicare starts 29 months after the
official onset date of disability for SSDI claims. Note that this is 29 months from the disability onset, not from the date of your decision. SSI beneficiaries get Medicaid and there is no waiting period for Medicaid.
5)
If my doctor tells me I am disabled and cannot continue working, are
disability benefits automatic? Answer: No. You must still apply and
prove to Social Security that you are disabled according to their rules. Many times, such individuals are denied and must appeal in order to get benefits. Appeals must be filed within 60 days of denial.
6)
I saw my doctor today and he does not think I will be able to continue
working much longer. May I apply for Social Security disability now and
keep working until I am approved? I want to have my claim approved
before I stop working. Answer: No, the system does not permit this.
You must not be working at substantial gainful activity when you
apply for disability benefits. If you are, you will be denied at Step
1, regardless of the medical evidence.
7)
I am 64 years old and retired. I worked for more than 40 years. I've
been receiving Social Security early retirement benefits for about 2
years. I've been healthy until now. Recently, however, I was diagnosed
with a severe illness for which there is no cure. Since I am already
receiving Social Security retirement, may I file a disability claim?
Answer:
Yes, you may. You are under full retirement age and it appears you
have adequate work credits to support a claim. Also, I assume your
recent impairment will last for 12 months or more (the duration
requriement), so you may file a disability claim and try to prove
disability. As long as you are not working, your present income does not
matter for a Title 2 (SSDI) claim. If your claim is successful, your monthly benefit will be increased to the amount you would have received at full retirement age (payable from the onset date of your disability).
Also, you may qualify for earlier Medicare coverage, in the event you
are not yet 65 when your case is decided. You may continue to receive
your retirement benefits while your disability claim is being decided.
Even if you eventually do not get a favorable decision on the disability
claim, it will have no impact on your retirement benefits, which you
will continue to receive. So, you risk nothing by filing for
disability. A final thought: At age 62, it may be easier to win a
disability claim, compared to a younger individual, thanks to the
medical-vocational guidelines.
________
If
you have a Social Security disability question that was not answered
here, or on one of our many blog posts, please call the Forsythe Firm in
Huntsville, AL at (256) 799-0297.
There is no charge or obligation for a consultation.
Social
Security disability is awarded base on a claimant's limited ability to
function. It is not awarded based on diseases, but on functional
limitations.
The
primary way Social Security evaluates your functional ability is by a
detailed questionnaire that they refer to as "the ADL (Activities of
Daily Living) questionnaire. The official name of the document is the
"Function Report."
The Function Report is a 14 page document with Sections A-D and it contains approximately 60 questions.
I
understand the temptation to ignore this form (just not bother with it)
or to fly through it quickly because you feel it is a waste of time.
This is a crucial mistake. You should spend a lot of time with this
form. In fact, this form should be your constant companion for a couple
of days until it is completed lovingly, comprehensively, thoughtfully
and very, very completely.
The Function Report will ask you things like:
- Do you cook your own food? How long does it take you? What do you cook?
- Do you spend time with others?
- What are your hobbies? How often do you do them?
- Do you go places on a regular basis?
- When you go out, how do you travel?
- Do you get along well with others?
- Do you need help caring for others or pets?
- Do you need help with bathing, getting dressed, or feeding yourself?
- How do your illnesses, injuries conditions affect your sleep?
- Are there things you used to do that your disability now stops you from doing?
Social
Security will use your answers to these questions to determine (a) how
your illness or injury affects your activities of daily living, and (b)
are your allegations of symptoms consistent and credible.
If
your application is denied (about 70% will be), the judge who hearings
your appeal with use this same Function Report to evaluate consistencies
in your symptoms and the credibility of your complaints. This Function
Report literally stays with you from the day your file your claim until
the appeal is decided, perhaps 24 months later in some cases.
If
you are unable to understand or complete the Function Report in loving,
comprehensive detail--get someone who can help you: a relative, your
pastor, a friend, etc. If you are represented by an attorney or
advocate, he/she will understand this form and help you complete it
correctly. But for heavens sake, do not ignore the form or (just as
bad) fly through it checking boxes just to say you finished it. (That's
how I used to do my homework, with equally dismal results, I might
add).
If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration.
You
need to have recent work to be eligible for disability benefits. You must
have worked at least 20 out of the last 40 quarters, or more simply put,
you must have worked 5 out of the last 10 years.
If
you stopped working at a job that pays FICA tax more than 5 years ago,
you will not be able to get disability benefits, no matter how much you
paid into the system. That money remains in the trust fund (pool) until
you reach retirement age.
Your
Date Last Insured (DLI) is the date you stopped being insured for
disability claims with Social Security. If a disability begins after
the DLI, it is not covered. This is one more good reason not to delay
in filing a claim as soon as you feel you have become disabled.
The
Forsythe Firm in Huntsville, AL is offering free, no obligation
evaluations of Social Security disability claims. We will evaluate your
claim before you file, recommend the best approach and tell you the
strengths and weaknesses of your claim. Every claim is different.
Factors that must be considered in any claims analysis include:
- Your age
- Your education
- Your past work history and experience
- Your medical conditions - both physical and mental
- How much medical treatment you have received and are now receiving?
- Do you meet a Listed Impairment (not required)?
- Can you qualify for a Compassionate Allowance and faster approval?
- Are you a disabled veteran?
How
does a free case evaluation work? First, we will speak with you on the
telephone and take some basic information. Next, we will probably set
up a free office consultation at our Huntsville Office (near Bridge
Street). We will review your medical and job information and help you
make a decision whether you have a viable claim for Social Security
benefits. We will not pressure you in any way. We will explain your
options, how we work, how long it will take, etc. If you decide for us
to represent you, and if we decide to take your case, you will only pay
us a fee if you win your claim and collect past due benefits. If you
lose or if you collect no past due or retroactive benefits, you never
pay us a dime, no matter how much we worked on your case.
You
may start by telling us about your condition by answering a few simple
questions on our website. This information is confidential, to be
reviewed only by one of our trained advocates or partners. Just click
the link below and answer a few basic questions. We will contact you
for more information.
Click HERE to go to our website. Then, click on the "Tell Us About Your Claim" tab in the center of our home page.
You may also call us at (256) 799-0297.
The
federal regulations reserve Social Security disability benefits to
individuals who an prove disability with objective medical evidence.
Generally, you must be able to provide medical records from doctors,
psychologists, clinics, hospitals or other acceptable medical
professionals that show.......
- the existence of impairments
- the severity of impairments
- the duration of impairments (how long symptoms have lasted)
There are two types of medical evidence. Objective medical evidence may include imaging studies, laboratory reports, EKG, and comprehensive examinations by a qualified doctor. Subjective
medical evidence refers to opinions of professionals who have viewed
the objective evidence and given a professional opinion concerning the
your symptoms, diseases or injuries.
It
isn't enough for a claimant to allege back pain, for instance. It
isn't enough for a doctor to make a note in her chart that the patient
has complained of back pain. Most helpful would be an X-ray or MRI
study showing the probable source and cause of back pain, such as a
bulging or herniated disc, foraminal canal stenosis, degenerative disc
disease, etc. Then, your doctor might offer an opinion as to how the
disease (or injury) would limit your ability to sit, stand, walk, bend,
crouch, crawl, lift, etc.
"It
is really by demonstrating significant limitations on the ability to
perform common work related activities that you qualify for disability
benefits."
How
severe must the limitations be? The answer lies in the combination of
several key facts: the claimant's age, level of education and past work
experience. For
most claimants under the age of 50, the impairment must prevent the
ability to perform any full-time work. The rules are somewhat less
stringent for persons over age 50. For example, a claimant who is over
age 55, has a limited education and past relevant work that is unskilled
may only have to demonstrate that he cannot perform any of his past
work. A younger individual will likely have to prove the inability to
perform any and all work which exists in the US economy.
If
you are suffering from a medical condition that you feel may lead to
disability, it is extremely important to get prompt medical attention,
continue to see your doctor(s) regularly and try to follow the
recommended treatment plan. It is also important to tell the doctor(s)
about all your symptoms and explain any problems you are having with
such things as prolonged sitting, standing, walking, bending, lifting,
concentration, fatigue....etc.
Is
there work that you are able to do? If so, you are probably not
disabled under Social Security rules. So, let's consider what Social
Security means by the term 'work.'
Work
refers to the ability to sustain work activity for 8 hours a day, 5
days per week, or an equivalent schedule. Anything less than that is
not work under Social Security rules.
You are unable to work, for example, if you can......
- work 5 or 6 hours a day but not 8 hours
- work 3 or 4 days a week but not 5 days
- work part-time but not full-time
- work for a few weeks but then have to miss several days due to a flareup
- work for several months but then have to miss a month or two due to illness on a persistent, regular basis
- report to work 5 days a week but have to leave early several times a month because of illness, pain, depression, etc.
- work most days but often have to come in late due to sickness
- work most days but will be absent 3 or more days per month due to illness.
So,
the real issue with Social Security is this: Are you able to work
full-time, 8 hours a day, 5 days a week, 52 weeks a year--without
missing more than 1 or 2 days per month on a persistent basis? In other words, can you sustain full time work? If the answer is no, you are disabled.
Keep
in mind that there are many different kinds of work, ranging from very
easy work to very difficult work. Social Security classifies work by
its exertion requirement--from sedentary (sitting) to very heavy
(lifting 100 pounds or more). Work is also classified by the skill
level required to perform the work: unskilled, semi-skilled or skilled.
Therefore, it's very difficult to speak of "work" without asking, "What kind of work?"
You may be unable to do some kinds of work but able to do other kinds
of work. Individuals under the age of 50 generally must prove that they
cannot perform ANY work available in the national economy. Persons
over the age of 50 may be only be required to show that they are unable
to perform their past relevant work (work they performed during the past
15 years).
Other
factors that will enter into a decision about your ability to work will
include: education, past work experience, your residual function
capacity, and as we just mentioned, your age.
