I represent Social Security disability claimants in Huntsville - also in Athens and all over Alabama. I always try to get claimants paid all the way to the date they first became disabled. This payment is their "back pay" or "past due benefits."
For example, if Joe became unable to work on January 15, 2012, he may not get approved until many months later. However, if he applied for disability in a timely manner, he should be able to collect benefits back to January 15, 2012 (minus the mandatory 5-month waiting period). This may give him thousands of dollars in back pay.
The date an individual first became disabled is called the "onset date." In order to get benefits back to the onset date, the claimant must prove that he became disabled on that date. Social Security often tries to move the onset date forward, thus reducing the amount of the back pay to the claimant.
A good representative will seek medical evidence to show that the claimant became disabled on the onset date alleged in the application, thus preserving the back pay. Social Security has become a tough negotiator regarding back pay. If you get it, you must have your ducks in a row. That means good medical evidence pointing all the way back to the alleged onset date.
Mistakes in the application, or mistakes made at the hearing can cost a claimant thousands of dollars in reduced back pay.
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The Forsythe Firm
(256) 799-0297
Monday, October 14, 2013
Monday, July 8, 2013
FIBROMYALGIA - IS IT A DISABIILTY?
Fibromyalgia is a
real disease that poses real limits on the ability to work. Still,
Social Security continues to have some problems in awarding benefits
based on fibromyalgia.
Social Security now recognizes that Fibromyalgia can be a disabling impairment. Federal court cases continue to support that finding. In Sublett v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012), the District Court awarded benefits in a case where the hearing judge had rejected the opinion of the treating doctors in a case involving Fibromyalgia.
The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits."
As with most Social Security disability cases, the key is persistence. The correct decision will not be made at all levels. So appeal unfavorable decisions to the next level when you believe your case has merit.
Get a Viritual Consult Free - Click Here
Social Security now recognizes that Fibromyalgia can be a disabling impairment. Federal court cases continue to support that finding. In Sublett v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012), the District Court awarded benefits in a case where the hearing judge had rejected the opinion of the treating doctors in a case involving Fibromyalgia.
The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits."
As with most Social Security disability cases, the key is persistence. The correct decision will not be made at all levels. So appeal unfavorable decisions to the next level when you believe your case has merit.
Get a Viritual Consult Free - Click Here
Tuesday, February 19, 2013
DISABLED WORKERS OVER AGE 50
Social Security places workers who are age 50 and over in a
special category that may help them collect Social Security disability
benefits. Social Security "lowers the bar" when it comes to proving
disability after age 50. And at age 55, it gets even easier.
Individuals who are 55 or older are considered "approaching advanced
age."
The "Grid Rules" work in favor of older workers. Here's an illustration.
John is a 39 year-old worker with a condition which limits him to sedentary work. He has a high school education, unskilled past work and no special vocational skills. He is literate, able to read and write in English. The Grid Rules will direct a finding of "not disabled."
Denny is a 56 year-old worker with a condition which limits him to sedentary work. He has a high school education, unskilled past work and no special vocational skills. He is also literate, able to read and write in English. The Grid Rules will direct a finding of "disabled."
What's the difference? Age is the only difference. As a worker ages, he or she is less able to adapt to new, unskilled work. If there is no past skilled work that can transfer, and no skills that enable direct entry into skilled work, the individual will be found to be disabled.
The inner workings of how adjudicators arrive at disability decisions can be quite complicated. It may be to your advantage to appoint a representative to help you with your disability claim--especially if your initial application is denied and you need to kick your case up to a hearing review. Your representative cannot charge you a fee unless you win your case AND also collect back pay benefits (lump sum settlement).
For a free, no obligation evaluation of your disability case, please contact us at the Forsythe Firm. We do not handle anything but disability cases and we know Social Security and how it works. Call us at (256) 799-0297 in Huntsville, AL. We work all over Alabama and Middle Tennessee.
The "Grid Rules" work in favor of older workers. Here's an illustration.
John is a 39 year-old worker with a condition which limits him to sedentary work. He has a high school education, unskilled past work and no special vocational skills. He is literate, able to read and write in English. The Grid Rules will direct a finding of "not disabled."
Denny is a 56 year-old worker with a condition which limits him to sedentary work. He has a high school education, unskilled past work and no special vocational skills. He is also literate, able to read and write in English. The Grid Rules will direct a finding of "disabled."
What's the difference? Age is the only difference. As a worker ages, he or she is less able to adapt to new, unskilled work. If there is no past skilled work that can transfer, and no skills that enable direct entry into skilled work, the individual will be found to be disabled.
The inner workings of how adjudicators arrive at disability decisions can be quite complicated. It may be to your advantage to appoint a representative to help you with your disability claim--especially if your initial application is denied and you need to kick your case up to a hearing review. Your representative cannot charge you a fee unless you win your case AND also collect back pay benefits (lump sum settlement).
For a free, no obligation evaluation of your disability case, please contact us at the Forsythe Firm. We do not handle anything but disability cases and we know Social Security and how it works. Call us at (256) 799-0297 in Huntsville, AL. We work all over Alabama and Middle Tennessee.
Friday, February 1, 2013
CAN YOU APPLY FOR DISABILITY WHILE STILL WORKING?
Can you apply for Social Security disability benefits while you are still working?
Yes, if you are earning less than "substantial gainful activity" or SGA, which is $1,070 per month (gross before tax) in 2014. Basically, you could work part-time and still apply for disability.
However, if you are working and earning at least $1,070 per month you are working at SGA level and cannot apply for disability under Social Security regulations.
Remember, that the SGA limit of $1,070 per month applies only to earned income, such as wages, salary, tips or bonuses, etc. It does NOT include investment or retirement income for which you do not perform any work or other valuable services. For example, if you have a rental property that pays you monthly rent, but you do nothing but get a check each month, that money may not count toward SGA income. The same would be true if you receive a monthly retirement check from a former employer, or an annuity from an insurance company, savings account or retirement fund.
Also, keep in mind that the dollar amount for "substantial gainful activity," which is $1,070 per month in 2014, increases each year. So the amount for 2015 will probably be slightly higher. Remember, you do not have to be poor to collect Social Security disability benefits. There is no "means" or "wealth" test. It's just that you cannot be working and disabled at the same time--and the definition of "working" is earning SGA level wages. That's Social Security's definition of "work."
Yes, if you are earning less than "substantial gainful activity" or SGA, which is $1,070 per month (gross before tax) in 2014. Basically, you could work part-time and still apply for disability.
However, if you are working and earning at least $1,070 per month you are working at SGA level and cannot apply for disability under Social Security regulations.
Remember, that the SGA limit of $1,070 per month applies only to earned income, such as wages, salary, tips or bonuses, etc. It does NOT include investment or retirement income for which you do not perform any work or other valuable services. For example, if you have a rental property that pays you monthly rent, but you do nothing but get a check each month, that money may not count toward SGA income. The same would be true if you receive a monthly retirement check from a former employer, or an annuity from an insurance company, savings account or retirement fund.
Also, keep in mind that the dollar amount for "substantial gainful activity," which is $1,070 per month in 2014, increases each year. So the amount for 2015 will probably be slightly higher. Remember, you do not have to be poor to collect Social Security disability benefits. There is no "means" or "wealth" test. It's just that you cannot be working and disabled at the same time--and the definition of "working" is earning SGA level wages. That's Social Security's definition of "work."
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108 - Huntsville, AL 35806
PHONE (256) 799-0297 www.forsythefirm.com
No fee for our service unless you win
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