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.
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.
Tuesday, February 2, 2016
MANY CASES ARE APPROVED ON MENTAL RESTRICTIONS
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.
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.
Friday, January 1, 2016
VIDEO HEARINGS? OPT OUT OR ACCEPT?
It is no secret that Social Security
is backlogged in trying to hold hearings. And we all know it is taking
up to 24 months for a claimant to get a hearing scheduled. The obvious
answer would be for Social Security to hire more administrative law
judges; however, Congress simply will not appropriate enough money for
that. So, how does the Social Security Administration react? By
offering claimants the option to have a hearing by video-teleconference
(VTC).
At a VTC, the claimant and representative appear in a hearing center near the claimant's home. However, the judge may be in another city, even another state. Witnesses called by Social Security, such as the vocational expert, may be anywhere: in the room with the claimant, in the room with the distant judge, or even at home and testifying via telephone.
Why would a claimant sign up for a cockeyed arrangement like a hearing by Video-Teleconference? The main selling point is that it reduces the waiting time and allows a hearing to be scheduled sooner. I'm not sure this is true in all cases; it might be true in some cases. But there are downsides to the VTC arrangement for the claimant. I will admit that I have been involved in some video-teleconference hearings that went smoothly and without objection. On the other hand, I have been involved in some VTCs that were a nightmare. You don't know which experience you will have until you get there--and then it is too late.
Here are my main objections to the use of video-teleconference hearings:
One, it's just more impersonal and removed. You aren't able to look people in the eye when you speak to them. And it opens up the possibility of communications problems: you can't hear the vocational witness because of a poor telephone connection, or similar problems.
Two, and this is my worse fear, you lose the option to appear before a local judge who is known and have a hearing before a judge at the national hearing center in Chicago or some other distant location. Chances are, I have never met this judge and know next to nothing about him or her. And the judge's award rates are often much lower than the judges in the local hearing office. Again, you don't know whether your case is going to the national hearing center or not until it's too late. Opting out of the VTC hearing at least guarantees that you will get a local judge.
Under current rules, every claimant has a right to opt out of video-teleconference hearings and to appear in person before a judge. There are conditions:
1. You or your representative must opt out of the VTC in writing.
2. You may only opt out after the request for hearing has been filed and ODAR has sent you the written notice of your right to opt out (which will include a form to opt out of the VTC).
3. You must opt out within 30 days of receiving the above notice (and obviously before the hearing has been scheduled).
Will opting out of a VTC cause a delay in getting your hearing scheduled? It may. I honestly don't believe there is any way to know that for sure on a case by case basis. While I am aware that my clients are often suffering financially and need closure as soon as possible, I am also aware that I need to give my client the best chance I can of getting an award rather than a denial. Claimants should know that they have the right to get an in-person hearing, if they follow the rules set forth by Social Security.
At a VTC, the claimant and representative appear in a hearing center near the claimant's home. However, the judge may be in another city, even another state. Witnesses called by Social Security, such as the vocational expert, may be anywhere: in the room with the claimant, in the room with the distant judge, or even at home and testifying via telephone.
Why would a claimant sign up for a cockeyed arrangement like a hearing by Video-Teleconference? The main selling point is that it reduces the waiting time and allows a hearing to be scheduled sooner. I'm not sure this is true in all cases; it might be true in some cases. But there are downsides to the VTC arrangement for the claimant. I will admit that I have been involved in some video-teleconference hearings that went smoothly and without objection. On the other hand, I have been involved in some VTCs that were a nightmare. You don't know which experience you will have until you get there--and then it is too late.
Here are my main objections to the use of video-teleconference hearings:
One, it's just more impersonal and removed. You aren't able to look people in the eye when you speak to them. And it opens up the possibility of communications problems: you can't hear the vocational witness because of a poor telephone connection, or similar problems.
Two, and this is my worse fear, you lose the option to appear before a local judge who is known and have a hearing before a judge at the national hearing center in Chicago or some other distant location. Chances are, I have never met this judge and know next to nothing about him or her. And the judge's award rates are often much lower than the judges in the local hearing office. Again, you don't know whether your case is going to the national hearing center or not until it's too late. Opting out of the VTC hearing at least guarantees that you will get a local judge.
Under current rules, every claimant has a right to opt out of video-teleconference hearings and to appear in person before a judge. There are conditions:
1. You or your representative must opt out of the VTC in writing.
2. You may only opt out after the request for hearing has been filed and ODAR has sent you the written notice of your right to opt out (which will include a form to opt out of the VTC).
3. You must opt out within 30 days of receiving the above notice (and obviously before the hearing has been scheduled).
Will opting out of a VTC cause a delay in getting your hearing scheduled? It may. I honestly don't believe there is any way to know that for sure on a case by case basis. While I am aware that my clients are often suffering financially and need closure as soon as possible, I am also aware that I need to give my client the best chance I can of getting an award rather than a denial. Claimants should know that they have the right to get an in-person hearing, if they follow the rules set forth by Social Security.
Friday, December 18, 2015
DISABILITY APPLICATIONS: DEALING WITH SOCIAL SECURITY & THE DDS
The
Disability Determination Service (DDS) is located in Birmingham, AL.
This is a state run agency contracted by Social Security to examine
disability claims and make the initial decision as to whether a claimant
meets the rules for disability benefits. Here are some of the things
DDS typically does with a new claim:
There is no fee for any service we provide unless you win your claim and collect back payments dating back to the date you first became disabled (your alleged onset date or amended onset date). We are LOCAL Social Security disability advocates, located across from the Bridge Street Town Centre in Huntsville. Call us locally at (256) 799-0297 or visit https://forsythefirm.wixsite.com/website
- Order records from doctors and other medical providers
- Analyze medical records to determine what conditions/impairments you have
- Schedule any medical exams that they feel you need
- Obtain your past work history and classify your past relevant jobs
- Determine what your Residual Functional Capacity (RFC) is
- Decide whether you are eligible for benefits under Social Security rules
- Deny a majority of claims that they review (About two-thirds of all claims)
- DDS will allege that you can perform some other work, even if they admit that you cannot sustain any of your past relevant work.
- DDS will assign more weight to the opinion of their own medical consultant than they will to the opinion of your treating doctors--even though this contradicts both federal regulations and Social Security's rules.
- DDS will assign you an unreasonable residual functional capacity that will still permit certain kinds of work. While they usually admit that you have certain severe impairments, they will not make the leap that these impairments prevent all types of work, which is the requirement for awarding disability.
There is no fee for any service we provide unless you win your claim and collect back payments dating back to the date you first became disabled (your alleged onset date or amended onset date). We are LOCAL Social Security disability advocates, located across from the Bridge Street Town Centre in Huntsville. Call us locally at (256) 799-0297 or visit https://forsythefirm.wixsite.com/website
Friday, November 20, 2015
STILL WORKING BUT CONSIDERING SOCIAL SECURITY DISABILITY?
Quite often we hear from individuals who are still working, but struggling, and considering Social Security disability benefits. Here are some "must knows" if you are still working and thinking about a disability claim:
First, there is no disability benefit available from Social Security if you are working and earning more than $1,260 per month (the 2020 number). You must have stopped working to apply--or at least be earning less than $1,260 per month if working part-time.
Second, Social Security does not pay a benefit for the first full 5 months of disability. At a minimum, you must be prepared for at least 6 months of no income after you stop working. Getting approved within 6 months is, honestly, pretty much of a miracle. It often takes much longer.
Third, not being able to perform your past work is not enough, in most cases, to qualify for Social Security disability benefits. If you are under age 50, Social Security will look at your ability to perform other work, including jobs that are unskilled, sedentary and simple, routine jobs.
Finally, you must be able to prove you have functional limitations that prevent you from working with significant medical evidence, preferably from your treating doctor(s), and preferably one of those doctors will be a specialist.
Social Security disability today is a hard row to hoe. If you are working, I would encourage you to continue working as long as possible. When you come to the point where you can no longer work because of medical reasons, only then is it time to apply for Social Security disability.
If you need our help with getting benefits, please call for a free consultation at no obligation.
First, there is no disability benefit available from Social Security if you are working and earning more than $1,260 per month (the 2020 number). You must have stopped working to apply--or at least be earning less than $1,260 per month if working part-time.
Second, Social Security does not pay a benefit for the first full 5 months of disability. At a minimum, you must be prepared for at least 6 months of no income after you stop working. Getting approved within 6 months is, honestly, pretty much of a miracle. It often takes much longer.
Third, not being able to perform your past work is not enough, in most cases, to qualify for Social Security disability benefits. If you are under age 50, Social Security will look at your ability to perform other work, including jobs that are unskilled, sedentary and simple, routine jobs.
Finally, you must be able to prove you have functional limitations that prevent you from working with significant medical evidence, preferably from your treating doctor(s), and preferably one of those doctors will be a specialist.
Social Security disability today is a hard row to hoe. If you are working, I would encourage you to continue working as long as possible. When you come to the point where you can no longer work because of medical reasons, only then is it time to apply for Social Security disability.
If you need our help with getting benefits, please call for a free consultation at no obligation.
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