Social Security hearings are rather informal. There is no set dress code. I tell my clients to be comfortable and respectful to the court. You shouldn't dress up too much but, at the same time, you shouldn't wear something that might be considered disrespectful.
Two words I often use are neat and casual.
I advise my male clients to consider khaki pants and a nice button down shirt, as opposed to a T-shirt. Women are advised to wear a blouse and skirt or dress style pants. It's best to avoid blue jeans, and definitely don't come to court wearing shorts or a tank top.
You will see attorneys wearing suits; however, I don't advise clients to dress in suits or ties. Attorneys are expected to dress more formally.
This is off subject (forgive me), but it's important to arrive early. If your hearing has been scheduled for 11 o'clock, arrive at 10. Nothing sets a hearing on its ear worse than arriving at the last minute or, heaven forbid, arriving a few minutes late.
Tuesday, January 14, 2020
WHY WILL SOCIAL SECURITY STOP YOUR DISABILITY CHECK?
Social Security reviews disability cases every few years to see if benefits should continue or be discontinued. These are called Continuing Disability Reviews (CDR).
Most cases are reviewed every 3 years. If a recipient is over age 50, or if the medical condition is unlikely to improve, the CDR may happen only every 7 years.
Sometimes, the administrative law judge who approves a claim after a hearing may believe that the claimant's condition will improve soon. The ALJ may require the case be reviewed in less than 3 years and will make this requirement as part of the written decision.
With reference to adults, there are 2 things that will cause a recipient to lose benefits:
1. There has been medical improvement to the point that the individual is no longer disabled according to agency rules, or
2. The person receiving benefits has returned to work at what Social Security considers substantial gainful activity. In 2020, that means work which produces gross wages or earnings of at least $1,260 per month.
Social Security monitors wages, since all wages have FICA tax deducted and reported to Social Security automatically. When a person reaches the $1,260 level, a computer spits out a notice to discontinue benefits pending a review.
This may not happen immediately. It's possible for an individual to begin working and continue to receive and cash Social Security checks improperly for a long time. This can happen for a year or two. However, when Social Security finally catches on (and they always do), they will demand their money back in one lump sum.
The rules for continuing disability reviews in children's cases are a bit different. Rules for Supplemental Security Income (SSI) cases are different, too. With SSI, benefits may be discontinued because the recipient's income or living arrangements have changed, making them ineligible for continued benefits.
Most cases are reviewed every 3 years. If a recipient is over age 50, or if the medical condition is unlikely to improve, the CDR may happen only every 7 years.
Sometimes, the administrative law judge who approves a claim after a hearing may believe that the claimant's condition will improve soon. The ALJ may require the case be reviewed in less than 3 years and will make this requirement as part of the written decision.
With reference to adults, there are 2 things that will cause a recipient to lose benefits:
1. There has been medical improvement to the point that the individual is no longer disabled according to agency rules, or
2. The person receiving benefits has returned to work at what Social Security considers substantial gainful activity. In 2020, that means work which produces gross wages or earnings of at least $1,260 per month.
Social Security monitors wages, since all wages have FICA tax deducted and reported to Social Security automatically. When a person reaches the $1,260 level, a computer spits out a notice to discontinue benefits pending a review.
This may not happen immediately. It's possible for an individual to begin working and continue to receive and cash Social Security checks improperly for a long time. This can happen for a year or two. However, when Social Security finally catches on (and they always do), they will demand their money back in one lump sum.
The rules for continuing disability reviews in children's cases are a bit different. Rules for Supplemental Security Income (SSI) cases are different, too. With SSI, benefits may be discontinued because the recipient's income or living arrangements have changed, making them ineligible for continued benefits.
HOW TO PROVE A PSYCHOLOGICAL DISABILITY CASE
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
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
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
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