The basic mental demands of competitive, remunerative, unskilled work
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.
To prove that you cannot perform even unskilled work based on a mental impairment, you must show that you can't perform one or more of these basic demands.
Notice that these demands are to be performed "on a sustained basis," which means 8 hours a day, 5 days a week or on an equivalent schedule.
Proving that a claimant is unable to meet these demands on a sustained basis can be challenging. Since a mental disability is being alleged, it's best to have a specialist's support, in this case, a psychiatrist or licensed psychologist.
It will be necessary for the specialist to examine the claimant, preferably to treat him/her, over a period of time. In doing so, the doctor will conclude what psychological conditions the person has, their severity and how they respond to treatment.
Claimants who have no treatment by a specialist will have a difficult time proving disability.
Individuals who get approved for disability payments based on a mental condition are more often those who....
1. have a treating psychiatrist or psychologist,
2. are taking medications and/or counseling therapy,
3. are refractory towards treatment, i.e., are not improving even with treatment, and
4. have required periods of hospitalization or inpatient treatment.
In attempting to prove disability due to psychological impairment, I always try to get the treating doctor to provide a medical source statement. This is a detailed checklist of what the patient can and cannot do in terms of work-related functions.
_________________
The Forsythe Firm
PHONE (256) 799-0297
Tuesday, January 14, 2020
SIGNS YOU WON YOUR DISABILITY HEARING
Most judges do not announce their decisions at the end of a hearing for disability benefits. However, there are telltale signs that you may have won.
1) The vocational expert was present but was not asked to testify. This doesn't always mean that you won, but it may indicate that the judge didn't need the vocational witnesses' input to pay your claim.
2) The vocational witness testified and every time the judge asked if there would be any work available, the witness replied, "No work would be available," or "That would preclude all work."
3) The judge tells you or your attorney that a grid rule applies. The judge says something like, "Counselor, it appears that grid rule 201.01 applies." This means that based on a claimant's age, education, past work experience and residual functional capacity, a finding of disabled is directed by the rules.
4) The judge or a medical expert present at the hearing states that the claimant "meets or equals a Listing." Meeting a Listing means approval at Step 3 of the sequential process. When this occurs, the hearing may be very short and end abruptly; in this case, a good thing.
5) The judge says something like, "I don't think this will take very long, I just need to ask a few questions and we'll be finished." This indicates that the judge has his/her mind made up, pretty much. A good thing unless the judge has made up his/her mind to deny the claim. However, they are not likely to say this, even if that's the case.
6) The judge says, "I am going to review you in about 2 or 3 years to see how you're doing." There would be no need for a review if you were not receiving benefits.
Of course, nothing is final until you get a written decision in the mail. No one has a working crystal ball and any guess we make about the outcome of a hearing could be wrong. Written decisions are mailed about 90 days following the hearing.
1) The vocational expert was present but was not asked to testify. This doesn't always mean that you won, but it may indicate that the judge didn't need the vocational witnesses' input to pay your claim.
2) The vocational witness testified and every time the judge asked if there would be any work available, the witness replied, "No work would be available," or "That would preclude all work."
3) The judge tells you or your attorney that a grid rule applies. The judge says something like, "Counselor, it appears that grid rule 201.01 applies." This means that based on a claimant's age, education, past work experience and residual functional capacity, a finding of disabled is directed by the rules.
4) The judge or a medical expert present at the hearing states that the claimant "meets or equals a Listing." Meeting a Listing means approval at Step 3 of the sequential process. When this occurs, the hearing may be very short and end abruptly; in this case, a good thing.
5) The judge says something like, "I don't think this will take very long, I just need to ask a few questions and we'll be finished." This indicates that the judge has his/her mind made up, pretty much. A good thing unless the judge has made up his/her mind to deny the claim. However, they are not likely to say this, even if that's the case.
6) The judge says, "I am going to review you in about 2 or 3 years to see how you're doing." There would be no need for a review if you were not receiving benefits.
Of course, nothing is final until you get a written decision in the mail. No one has a working crystal ball and any guess we make about the outcome of a hearing could be wrong. Written decisions are mailed about 90 days following the hearing.
Saturday, January 11, 2020
NEWSPAPER SAYS SSA WILL GUT ITS DISABILITY PROGRAM SOON
1/11/2020 The Wal Street Journal says today that Social Security is about to gut its disability program. (They use the nicer word, "eviscerate").
It will do so by cutting the guts out of the Grid Rules, the charts that helped over 500,000 Americans qualify for benefits in 2019.
Social Security has shown its desire to clamp down on disability benefits for nearly a decade, starting in 2010.
In 2010, most claimants got denied, just as they do today. But by appealing and attending a hearing before a judge, 62 percent eventually won their benefits. By 2018, that was down to 42 percent.
There has reportedly been a lot of pressure from SSA for their judges to trim benefits on their own, and most of them have done so.
And every time Social Security comes up with a new rule to "improve the integrity of our program," watch out: they have just made getting benefits harder and slower (again).
Now, the new commissioner, Andrew Saul, wants to disembowel Social Security. No more cutting with a sharp knife; he intends to take a wrecking ball to it.
Saul's thinking, according to the Wal Street Journal, is based on changing demographics. People today are better educated and live longer. They don't work blue collar jobs in mines or factories--but they work in banks, stores, hospitals and offices. In short, they just don't need disability benefits the way they once did. Besides that, we can't afford it.
That's not the truth, of course. But it's the myth based on partial truth and changing social crusades, which don't include the disabled so much.
The new, eviscerated program will probably roll out within two years (maybe sooner). Individuals with the most catastrophic impairments will still be covered; however, the type of things they pay benefits for today won't be approved.
Sure, if an individual has both arms and both legs amputated, that will still be covered. But the more common impairments that are being paid for today--they will be long gone. So, forget about a claim based on herniated discs, radiculopathy, neuropathy or the inability to stand or walk. The good old days of easy money are gone, according to Mr. Saul.
Medicare will be gone, too, for most people. When SSDI goes away, so does Medicare coverage. Without one, you can't get the other.
If the Wall Street Journal has it right (and they say they've seen the goods),hard times are ahead for America's disabled--especially those above 50. Without the grid rules, the denial rates will triple.
I expect you won't hear much of this one the news, now or then. It will be done very quietly, without announcement or fanfare. Suffering is nearly always done quietly.
It will do so by cutting the guts out of the Grid Rules, the charts that helped over 500,000 Americans qualify for benefits in 2019.
Social Security has shown its desire to clamp down on disability benefits for nearly a decade, starting in 2010.
In 2010, most claimants got denied, just as they do today. But by appealing and attending a hearing before a judge, 62 percent eventually won their benefits. By 2018, that was down to 42 percent.
There has reportedly been a lot of pressure from SSA for their judges to trim benefits on their own, and most of them have done so.
And every time Social Security comes up with a new rule to "improve the integrity of our program," watch out: they have just made getting benefits harder and slower (again).
Now, the new commissioner, Andrew Saul, wants to disembowel Social Security. No more cutting with a sharp knife; he intends to take a wrecking ball to it.
Saul's thinking, according to the Wal Street Journal, is based on changing demographics. People today are better educated and live longer. They don't work blue collar jobs in mines or factories--but they work in banks, stores, hospitals and offices. In short, they just don't need disability benefits the way they once did. Besides that, we can't afford it.
That's not the truth, of course. But it's the myth based on partial truth and changing social crusades, which don't include the disabled so much.
The new, eviscerated program will probably roll out within two years (maybe sooner). Individuals with the most catastrophic impairments will still be covered; however, the type of things they pay benefits for today won't be approved.
Sure, if an individual has both arms and both legs amputated, that will still be covered. But the more common impairments that are being paid for today--they will be long gone. So, forget about a claim based on herniated discs, radiculopathy, neuropathy or the inability to stand or walk. The good old days of easy money are gone, according to Mr. Saul.
Medicare will be gone, too, for most people. When SSDI goes away, so does Medicare coverage. Without one, you can't get the other.
If the Wall Street Journal has it right (and they say they've seen the goods),hard times are ahead for America's disabled--especially those above 50. Without the grid rules, the denial rates will triple.
I expect you won't hear much of this one the news, now or then. It will be done very quietly, without announcement or fanfare. Suffering is nearly always done quietly.
Friday, December 7, 2018
GETTING DISABILITY BENEFITS IN ALABAMA REQUIRES A PLAN
Having a plan or strategy is very important to winning your Social Security disability appeal.
Lawyers call this plan a "legal theory."
Hopefully, it's a plan that will stand up in court.
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.(The judge, of course, will confirm all this for himself/herself).
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time by making things easy to find.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
I can also explain things to the claimant. For instance, the judge may recommend an amended onset date. This will have important financial consequences for the claimant. I am there to be certain the claimant understands these consequences before agreeing to them.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. Most claimants believe that's worth paying the attorney/representative a fee when their case is successful and they walk away with a lot of money.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team and get a successful outcome.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Lawyers call this plan a "legal theory."
Hopefully, it's a plan that will stand up in court.
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.(The judge, of course, will confirm all this for himself/herself).
- Is this claimant insured for benefits?
- What kind of past work did the claimant do?
- Does he or she meet a Listing or grid rule?
- Are there any transferable skills?
- Does the medical record support the alleged onset date? If so, where?
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time by making things easy to find.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
I can also explain things to the claimant. For instance, the judge may recommend an amended onset date. This will have important financial consequences for the claimant. I am there to be certain the claimant understands these consequences before agreeing to them.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. Most claimants believe that's worth paying the attorney/representative a fee when their case is successful and they walk away with a lot of money.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team and get a successful outcome.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Monday, November 19, 2018
GETTING SOCIAL SECURITY DISABILITY IN HUNTSVILLE
Most
Alabama workers are covered by Social Security disability because they
pay FICA withholding tax out of every paycheck. This provides coverage
against long term disability and loss of income.
However, Social Security can be difficult to deal with and there are complex rules that must be met before they will part with any money. It can take anywhere from 4 months to 4 years to get approved.
Here is the sticky part. Social Security will often agree that you cannot perform the work you once did. However, they will say that you can still perform some jobs which exist in the national economy. These jobs are often unskilled minimum wage jobs, such as hand packager, inspector or copy colater. It doesn't matter that you can't actually find one of these jobs.
If you file an application and are denied (as up to 75% are), you have 60 days to file an appeal. The appeal puts you in line for a hearing before a US administrative law judge (ALJ), who can review your case and give you a new decision. Your odds before the judge are much better, especially if you are represented by counsel who understands the system and how to navigate it.
HOW CAN YOU PAY FOR EXPENSIVE LEGAL COUNSEL?
You don't have to, at least not upfront. Social Security forbids an attorney or representative to charge you any fee unless your case is decided in your favor and results in back payments. In that case, Social Security will withhold a small portion of your back pay and pay the legal fee directly. You keep most of your back pay and 100 percent of your monthly benefits.
If you need help with a Social Security disability application or appeal, please invest 15 minutes in a phone call to our firm for a free initial consultation. We never ask you for money and our experienced disability advocates have been handling cases like yours for two decades.
_________
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
However, Social Security can be difficult to deal with and there are complex rules that must be met before they will part with any money. It can take anywhere from 4 months to 4 years to get approved.
Here is the sticky part. Social Security will often agree that you cannot perform the work you once did. However, they will say that you can still perform some jobs which exist in the national economy. These jobs are often unskilled minimum wage jobs, such as hand packager, inspector or copy colater. It doesn't matter that you can't actually find one of these jobs.
If you file an application and are denied (as up to 75% are), you have 60 days to file an appeal. The appeal puts you in line for a hearing before a US administrative law judge (ALJ), who can review your case and give you a new decision. Your odds before the judge are much better, especially if you are represented by counsel who understands the system and how to navigate it.
HOW CAN YOU PAY FOR EXPENSIVE LEGAL COUNSEL?
You don't have to, at least not upfront. Social Security forbids an attorney or representative to charge you any fee unless your case is decided in your favor and results in back payments. In that case, Social Security will withhold a small portion of your back pay and pay the legal fee directly. You keep most of your back pay and 100 percent of your monthly benefits.
If you need help with a Social Security disability application or appeal, please invest 15 minutes in a phone call to our firm for a free initial consultation. We never ask you for money and our experienced disability advocates have been handling cases like yours for two decades.
_________
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
Monday, March 19, 2018
WHY SOCIAL SECURITY MAY IGNORE YOUR DOCTOR'S OPINION ON DISABILITY
You
have a Social Security hearing coming up on your disability claim. You
approach your doctor about filling out a form to support your claim.
The doctor is busy but offers to give you a letter, instead. Here's an
example of a doctor's letter:
"Mr. Joe Claimant has been a patient of mine for over 20 years. He suffers from back pain, migraine headaches, high cholesterol, high blood pressure and depression. In my opinion, Mr. Claimant is not able to work and is fully disabled." Signed [John M. Doctor, MD].
Why Social Security judges will probably ignore this letter?
The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law. (20 CFR 404.1527).
Doctors are not permitted to decide who is disabled under the federal regulations. The fact that your doctor believes you are disabled is not dispositive.
It would be far better if your doctor specified why you cannot work. For example, if he provided your restrictions on such activities as sitting, standing, walking, bending, lifting, crawling, kneeling, crouching, paying attention, remembering, etc. Doctors are permitted to assess your individual functional limitations, but not to draw conclusions about whether you are disabled.
There is a form that I like to use for doctors. It's called a Medical Source Statement. Some people call it a Residual Functional Capacity form. It nearly always carries more weight with Social Security decision makers, especially judges, than letters do. The reason is obvious: the form keeps doctors away from drawing conclusions and allows them to estimate functional restrictions, according to Social Security regulations.
I will provide this form free to anyone requesting it.
___________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
"Mr. Joe Claimant has been a patient of mine for over 20 years. He suffers from back pain, migraine headaches, high cholesterol, high blood pressure and depression. In my opinion, Mr. Claimant is not able to work and is fully disabled." Signed [John M. Doctor, MD].
Why Social Security judges will probably ignore this letter?
The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law. (20 CFR 404.1527).
Doctors are not permitted to decide who is disabled under the federal regulations. The fact that your doctor believes you are disabled is not dispositive.
It would be far better if your doctor specified why you cannot work. For example, if he provided your restrictions on such activities as sitting, standing, walking, bending, lifting, crawling, kneeling, crouching, paying attention, remembering, etc. Doctors are permitted to assess your individual functional limitations, but not to draw conclusions about whether you are disabled.
There is a form that I like to use for doctors. It's called a Medical Source Statement. Some people call it a Residual Functional Capacity form. It nearly always carries more weight with Social Security decision makers, especially judges, than letters do. The reason is obvious: the form keeps doctors away from drawing conclusions and allows them to estimate functional restrictions, according to Social Security regulations.
I will provide this form free to anyone requesting it.
___________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
Saturday, March 3, 2018
SHOULD YOU HAVE A DISABILITY HEARING BY VIDEO?
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. Obviously, use of VTC gives judges much more flexibility in scheduling, thus may shorten the time you have to wait for a hearing.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. Obviously, use of VTC gives judges much more flexibility in scheduling, thus may shorten the time you have to wait for a hearing.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
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