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.
SSDI BENEFITS FOR MIGRAINES
Migraine headaches may qualify for Social Security disability benefits, depending on their frequency, severity and response to medication.
Three million Americans will be diagnosed with Migraine headaches this year. The severity ranges from mild to debilitating. Three questions will determine whether or not these migraines can qualify for SSDI benefits:
1) Are often do they occur? A migraine that occurs once a month or less often is probably not disabling.
2) How severe are the migraines? How do they limit your activities? A migraine that allows you to continue normal daily activities, including work, is not disabling. However, a migraine that lasts several hours, requires you to lie down in a dark room and stop most activity, certainly may be disabling.
3) How well have you responded to appropriate medical treatment? If your headaches are relatively controlled by one of the serotonin receptor agonists (triptans), such as Imitrex, you may still be able to work with migraines. However, if medical intervention has failed and your migraines are still chronic, frequent and severe, you may not be able to work.
I often get claimants approved for severe migraines when they can demonstrate with medical evidence that they would miss more than 1 or 2 days per month due to migraines and have tried medical intervention over a long period of time without relief. Even if a person can go to work with a migraine, how much time would he or she be off task due to pain? Generally, if a person is going to be off task more than about 10 percent of the time, this is excessive and disabling.
I can't emphasize how important it is to have medical evidence from your doctor. In addition to routine doctor's records, we will try to get a Medical Source Statement from your doctor which explains how migraines limit your ability to do work-related activities, especially in the area of concentration, remembering and following directions, staying on task, etc. The more complete the medical record, the greater the chance of being approved for disability benefits.
THE FORSYTHE FIRM
PH (256) 799-0297
Sunday, December 10, 2017
FIND A SOCIAL SECURITY DISABILITY ADVOCATE IN ALABAMA
Specialists are available to help you apply for, appeal, and get approved for Social Security disability (SSDI) benefits. These advocates work for you, the claimant, not for the Social Security Administration.
Disabled veterans often need help with Social Security for the following reasons:
1) Social Security is not bound by the rules of the Veterans Administration. Just because the VA has found you disabled, Social Security may deny you. You will need to fight this with an appeal. These appeals are successful more often than not.
2) Even if Social Security approves your claim, they may deny past due or retroactive benefits, costing you tens of thousands of dollars that are rightfully yours.
3) You may be entitled to special expedited processing under Social Security rules. However, Social Security may sit on your claim, ignore their own rules, and delay your case for 2 years or longer. An advocate will push for a faster settlement.
Choose an advocate who is knowledgeable about Social Security's rules and regulations (the law). Choose one who is familiar with the unique circumstances of disabled veterans. Choose an advocate who is local and offers a personalized approach to helping you get approved.
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
See Our Website - Click Here
*Contingency Fees: We work on a contingency fee. You pay us no money upfront. We develop your case and bear all associated costs. If your case is resolved in your favor, and if you recover past due benefits, Social Security will approve a small percentage of your back pay settlement to cover our fee. If you do not win, or if you do not recover any back pay, we will not charge you a fee.
Disabled veterans often need help with Social Security for the following reasons:
1) Social Security is not bound by the rules of the Veterans Administration. Just because the VA has found you disabled, Social Security may deny you. You will need to fight this with an appeal. These appeals are successful more often than not.
2) Even if Social Security approves your claim, they may deny past due or retroactive benefits, costing you tens of thousands of dollars that are rightfully yours.
3) You may be entitled to special expedited processing under Social Security rules. However, Social Security may sit on your claim, ignore their own rules, and delay your case for 2 years or longer. An advocate will push for a faster settlement.
Choose an advocate who is knowledgeable about Social Security's rules and regulations (the law). Choose one who is familiar with the unique circumstances of disabled veterans. Choose an advocate who is local and offers a personalized approach to helping you get approved.
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
See Our Website - Click Here
*Contingency Fees: We work on a contingency fee. You pay us no money upfront. We develop your case and bear all associated costs. If your case is resolved in your favor, and if you recover past due benefits, Social Security will approve a small percentage of your back pay settlement to cover our fee. If you do not win, or if you do not recover any back pay, we will not charge you a fee.
Thursday, November 30, 2017
WHY VETERANS CAN ALSO GET SSDI BENEFITS
During their years of military service, veterans paid into Social Security and earned credits for working, just like civilians do.
So, when a veteran becomes disabled, he or she is able to file a Social Security disability claim.
Veterans may collect full SSDI benefits in addition to any VA benefits they receive.
A veteran who becomes disabled while on active duty and eventually receives a 100 percent permanent and total (P&T) rating from the Veterans Administration is entitled to expedited processing by Social Security. That means a faster decision.
The Forsythe Firm has been handling veterans claims for decades with excellent results. We offer....
- Free consultations with no oblilgation
- No fee payment until your case is won and paid
- Local, experienced advocates
- Veteran experienced, veteran friendly staff
If you're a recently disabled veteran and need SSDI benefits, we would be honored to speak to you.
Call us at (256) 799-0297.
THE FORSYTHE FIRM
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35801
CLICK FOR MORE INFORMATION
VETERANS - GET SOCIAL SECURITY BENEFITS, TOO
Veterans are often eligible to get Social Security disability benefits--in addition to full VA benefits.
That's because you earned Social Security credits during your years of military service. If you became disabled you can apply for SSDI and receive full benefits--in addition to your full VA disability benefit.
The Forsythe Firm is experienced in helping veterans obtain SSDI benefits. We offer the following:
SOCIAL SECURITY JUSTICE
That's because you earned Social Security credits during your years of military service. If you became disabled you can apply for SSDI and receive full benefits--in addition to your full VA disability benefit.
The Forsythe Firm is experienced in helping veterans obtain SSDI benefits. We offer the following:
- Free initial consultations
- No fee payment until you win and are paid
- Personal service right here in Huntsville
- Convenient location at Bridge Street
- Veteran friendly advocates
SOCIAL SECURITY JUSTICE
Sunday, September 11, 2016
DISABILITY: THE ESSENTIAL QUESTIONS
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.
Friday, April 15, 2016
IS THE 'FUNCTION REPORT' REALLY IMPORTANT?
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:
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).
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?
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).
Saturday, March 26, 2016
"RECENT WORK TEST" FOR SOCIAL SECURITY DISABILITY
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.
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.
Sunday, February 21, 2016
HOW TO GET A FREE SOCIAL SECURITY DISABILITY CLAIM EVALUATION
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:
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.
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?
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.
Wednesday, February 10, 2016
GETTING DISABILITY - THE MEDICAL EVIDENCE
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.......
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.
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.
- the existence of impairments
- the severity of impairments
- the duration of impairments (how long symptoms have lasted)
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.
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."It is really by demonstrating significant limitations on the ability to perform common work related activities that you qualify for disability benefits."
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.
Monday, January 25, 2016
UNDERSTANDING SOCIAL SECURITY'S DEFINITION OF 'WORK' - ARE YOU ABLE TO WORK?
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......
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.
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.
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.
Saturday, December 26, 2015
TRUE OR FALSE? SOCIAL SECURITY APPROVES TWO-THIRDS OF DISABILITY APPLICATIONS.
Answer: False as George Washington's teeth.
The Disability Determination Service (DDS) will deny over two-thirds of all Social Security disability applications.Here is why the DDS will usually deny your disability application at the first step in the process:
- DDS will decide that there is other work you are able to sustain, even if you cannot do any of your past relevant work. (Step 5 Denial).
- DDS will nearly always assign a residual functional capacity that is unreasonable based on your medical records but which allows for some work, thus justifying a denial.
- DDS will nearly always allow more weight for the opinion of their own medical consultant than for the opinion of your treating doctor(s)--even though this directly contradicts federal regulations and Social Security's rules.
- DDS decisions are generally made by individuals who have never seen or examined the claimant, thus cannot possibly have a good picture of his or her impairments and how they affect the ability to do work like activities.
In Alabama (a prototype state), you go from a DDS denial to a hearing by a US Administrative Law Judge. It can take 18 months from the date of denial to get a hearing, so the process is lengthy and frustrating. You must file the request for a hearing within 60 days of the denial of your claim.
Thursday, December 17, 2015
HOW FAR BACK SHOULD MEDICAL EVIDENCE GO?
The question of how far back to look for medical evidence in a Social Security disability claim can vary case by case. Typically, we consider the alleged onset date (AOD) and look for evidence beginning about one year prior to that date. That would certainly not always be the case. Sometimes the medical evidence needs to go back further. (The AOD is the date on which the claimant alleges that he/she first became disabled).
One common mistake that claimants make is obtaining recent medical evidence, which may prove that they are disabled now, but failing to obtain older evidence that proves that they became disabled a year ago, two years ago, or longer. The result can be a partially favorable ruling in which benefits are paid but some or all of the back pay is lost.
If a person alleges that he became disabled on June 1, 2012, for example--it is vital that he provide medical evidence showing a disability back to June 1, 2012. If he only submits evidence showing a severe disabling impairment beginning in December of 2015, no benefit can be paid under Title 2 until June of 2016 because of the mandatory five-month waiting period. Thus, there would be no back pay.
Social Security disability is a rather complex field that is governed by complicated laws, federal regulations and even federal court decisions. Navigating through this complexity is generally best done with professional help, especially at the appeal level.
One common mistake that claimants make is obtaining recent medical evidence, which may prove that they are disabled now, but failing to obtain older evidence that proves that they became disabled a year ago, two years ago, or longer. The result can be a partially favorable ruling in which benefits are paid but some or all of the back pay is lost.
If a person alleges that he became disabled on June 1, 2012, for example--it is vital that he provide medical evidence showing a disability back to June 1, 2012. If he only submits evidence showing a severe disabling impairment beginning in December of 2015, no benefit can be paid under Title 2 until June of 2016 because of the mandatory five-month waiting period. Thus, there would be no back pay.
Social Security disability is a rather complex field that is governed by complicated laws, federal regulations and even federal court decisions. Navigating through this complexity is generally best done with professional help, especially at the appeal level.
Friday, November 27, 2015
THERE WILL BE A VOCATIONAL EXPERT AT YOUR HEARING
In all the years I've been doing Social Security disability hearings, I have never attended a hearing for an adult claimant in which there was not a vocational witness present to give testimony. The vocational expert is called by Social Security and paid for by Social Security. It is vital that the claimant and his/her representative understand the role of the vocational witness and how that role is likely to play out at the hearing.
Who Is the Vocational Witness (Expert)? The vocational witness is a vocational rehabilitation counselor. This counselor does not work for Social Security; however, he or she may derive most of his/her income from testifying at Social Security hearings. Technically the witness is neutral and impartial, bound to give objective testimony under oath, regardless of the fact the Social Security is paying his or her fee.
What is the Purpose of the Vocational Witness (Expert)? The vocational witness has two broad roles, as follows:
1) To classify and describe the claimant's past relevant work--that is, work performed during the past fifteen years prior to the claim. The past work will be classified according to skill level as unskilled, semi-skilled or skilled. The past work will be classified according to exertion level, as either sedentary, light, medium, heavy or very heavy work.
2) To answer a series of hypothetical questions from the hearing judge about work which may exist in the national economy and whether an individual could perform such work. To help you understand a typical hypothetical question, I will provide an example:
Administrative Law Judge: Mr. Vocational Expert, assume that we have an individual who is the same age as the claimant with the same education and work history as the claimant. I'd like you to further assume that the individual retains the capacity to perform work at the light exertion level, can sit for 8 hours out of an 8 hour day, can stand and/or walk up to 8 hours in an 8 hour day with customary breaks; can lift up to 25 pounds occasionally and 15 pounds frequently. This individual can frequently climb ramps and stairs but can only occasionally climb ladders, ropes or scaffolds. The individual should never be exposed to odors, fumes or pulmonary irritants and should avoid exposure to dangerous moving machinery. The individual can maintain concentration, persistence and pace sufficient to complete tasks in 2-hour intervals and to complete an 8-hour workday. Would such an individual be able to perform any of the claimant's past relevant work?
Vocational Witness: No, Your Honor, all past relevant would be precluded.
Administrative Law Judge: Would there be any skills transferable to sedentary work?
Vocational Witness: No.
Administrative Law Judge: Would there by any other jobs in the national economy that such a person would be able to perform?
Vocational Witness: Yes, this individual would be able to perform the work of a Cashier-Stocker.... [The expert will proceed to list 3 jobs representative of light work].
Keep in mind that, depending on the claimant's age, if Social Security finds that the claimant can still perform some other work, then a finding of disability cannot be made and the claim will be denied. The judge will often use the testimony of the vocational witness at the final step in the decision making process, Step 5, to find that the claimant can perform some types of work, thus to deny the claim. It is then up to the claimant or the claimant's representative, to question the vocational witness effectively with a goal of showing why the claimant would not be able to perform any of the jobs suggested byh the vocational witness. Note that it is not effective to argue that the claimant does not want to perform any of these other jobs or that he cannot find any of these jobs. Just the ability to perform the jobs is sufficient to deny the claim.
Who Is the Vocational Witness (Expert)? The vocational witness is a vocational rehabilitation counselor. This counselor does not work for Social Security; however, he or she may derive most of his/her income from testifying at Social Security hearings. Technically the witness is neutral and impartial, bound to give objective testimony under oath, regardless of the fact the Social Security is paying his or her fee.
What is the Purpose of the Vocational Witness (Expert)? The vocational witness has two broad roles, as follows:
1) To classify and describe the claimant's past relevant work--that is, work performed during the past fifteen years prior to the claim. The past work will be classified according to skill level as unskilled, semi-skilled or skilled. The past work will be classified according to exertion level, as either sedentary, light, medium, heavy or very heavy work.
2) To answer a series of hypothetical questions from the hearing judge about work which may exist in the national economy and whether an individual could perform such work. To help you understand a typical hypothetical question, I will provide an example:
Administrative Law Judge: Mr. Vocational Expert, assume that we have an individual who is the same age as the claimant with the same education and work history as the claimant. I'd like you to further assume that the individual retains the capacity to perform work at the light exertion level, can sit for 8 hours out of an 8 hour day, can stand and/or walk up to 8 hours in an 8 hour day with customary breaks; can lift up to 25 pounds occasionally and 15 pounds frequently. This individual can frequently climb ramps and stairs but can only occasionally climb ladders, ropes or scaffolds. The individual should never be exposed to odors, fumes or pulmonary irritants and should avoid exposure to dangerous moving machinery. The individual can maintain concentration, persistence and pace sufficient to complete tasks in 2-hour intervals and to complete an 8-hour workday. Would such an individual be able to perform any of the claimant's past relevant work?
Vocational Witness: No, Your Honor, all past relevant would be precluded.
Administrative Law Judge: Would there be any skills transferable to sedentary work?
Vocational Witness: No.
Administrative Law Judge: Would there by any other jobs in the national economy that such a person would be able to perform?
Vocational Witness: Yes, this individual would be able to perform the work of a Cashier-Stocker.... [The expert will proceed to list 3 jobs representative of light work].
Keep in mind that, depending on the claimant's age, if Social Security finds that the claimant can still perform some other work, then a finding of disability cannot be made and the claim will be denied. The judge will often use the testimony of the vocational witness at the final step in the decision making process, Step 5, to find that the claimant can perform some types of work, thus to deny the claim. It is then up to the claimant or the claimant's representative, to question the vocational witness effectively with a goal of showing why the claimant would not be able to perform any of the jobs suggested byh the vocational witness. Note that it is not effective to argue that the claimant does not want to perform any of these other jobs or that he cannot find any of these jobs. Just the ability to perform the jobs is sufficient to deny the claim.
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