The following chart shows Social Security disability award (approval) rates at various stages of review:
Award
rates are down at all levels. Here is how awards by administrative law
judges (hearings) have taken a free fall since 2010. Award rates by
year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out.over. The usual suspects are Congressional pressure and hostile media coverage. No one knows if the free fall is over.
----------------
2015 rates are estimated.
The following chart shows Social Security disability award (approval) rates at various stages of review:
Award
rates are down at all levels. Here is how awards by administrative law
judges (hearings) have taken a free fall since 2010. Award rates by
year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out or if the free fall is over. The usual suspects are Congressional pressure and corrupt media coverage.
----------------
2015 rates are estimated.
The media lies
constantly about the Social Security disability program. I expect the
media to lie; however, it is making it difficult for disabled Americans
go get benefits. Here are some of the worst lies the media is telling
us.
Social Security benefits are responsible for the growing national deficit. The truth: Social Security benefits are not included in the national budget. Social Security is a self-financing program. Benefits are not allocated by Congress and not included in the national budget. Social Security benefits are
funded by FICA taxes paid by workers, deducted from their pay checks
and matched by their employers. These premiums go into a special fund
and benefits are paid out of the fund. There is one fund for disability
benefits and a separate fund for retirement benefits. There is no provision for the government to pay benefits if these funds become unable to do so.
People are using Social Security disability benefits to replace unemployment benefits. You
cannot receive disability benefits until you provide objective medical
proof of a disability. It takes the average person over 24 months to
get a hearing and then there is only a 42 percent chance he will be
approved. The claimant will be examined, prodded, poked, examined some
more and his entire medical record examined with a fine toothed comb.
He will be placed under oath, questioned, cross examined and treated
like a criminal in many cases. In over 90 per cent of cases, he or she will have to hire a lawyer to get any benefits. Does this sound like a good replacement for unemployment insurance?
Because the number of disability claims have risen in recent years, that's an indication of massive fraud. Not
true at all. The population is increasing. People are living longer.
Baby boomers are aging and getting sick by the millions. The number of
women in the workforce has quadrupled since World War 2. Social
Security's own numbers predicted a peak in claims based on population
and demographics.
Crooked doctors sign patients up for Social Security all the time. The
truth is, doctors cannot approve anyone for Social Security benefits.
That decision is reserved by law to the Commissioner of Social
Security. Doctors may provide medical evidence, as they should, but
they cannot sign anyone up or approve anyone. And if the objective
medical evidence does not support a doctor's professional opinion, the
opinion will be ignored--I promise. I've seen it happen too many
times. On final thought on this subject, my experience is that doctors
usually won't help their patients who are very legitimately disabled
because they don't want to get involved.
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 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.
In
Social Security disability cases, decision makers will often deny a
claim on the supposition that the claimant can still perform unskilled,
sedentary work--the easiest type of work from both a physical and mental perspective. While unskilled, sedentary jobs are rare in the US economy, some vocational experts will argue that they exist. Examples of such jobs might be a
surveillance system monitor, or a document preparer.
All
work has mental as well as physical demands. The mental demands of
unskilled sedentary work are defined by SSR 96-9p and SSR 85-15. Those
demands include the abilities (on a sustained basis) to understand,
carry out, and remember simple instructions; to respond appropriately to
supervision, coworkers, and usual work situations; and to deal with
changes in a routine work setting.
The
loss of any of the above abilities will substantially erode the
occupational base for sedentary, unskilled work and will, therefore,
justify a finding of disability.
Note
that in order to work, a person must be able to meet the mental demands
of full time, remunerative work "on a sustained basis." A sustained
basis means 8 hours a day, 5 days a week, or an equivalent schedule.
The
customary breaks that would be afforded during full-time unskilled work
would be two 15 minute breaks and a 30 minute lunch (meal) break during
an 8 hour work day. If additional breaks are required due to a
physical or mental impairment, that may very well erode the occupational
base and justify a finding of disability. Other factors that could
erode the occupational base would be excessive absences (more than 1 or 2
days per month), being off task for an excessive amount of time during
the day, or being unable to deal with changes in a routine work setting.
These
allegations must be supported by objective medical evidence. It is
helpful if a treating doctor or medical professional acceptable to
Social Security provides additional opinion evidence as to the existence
of and severity of any limitations.
