If you live near Huntsville and are trying to get Social Security disability benefits, here is the big question......
Are your symptoms so severe that they interfere with your capacity to perform simple, entry level work?
Your diagnosis alone is not going to get you approved for benefits, unless you have one of the fatal, catastrophic illnesses that are very rare.
The bigger question is, What restrictions does your condition place on your ability to perform basic work-like activities? How are you impaired in your ability to stand, walk, lift, bend, kneel, crouch, crawl, reach, handle, grasp or sit?
You also need to know that medical records alone may not be enough to show severe restrictions in function. Doctor's records normally do not describe restrictions in standing, walking, sitting, bending, lifting or etc. So, it would be very helpful to get your doctor to complete a form called a Medical Source Statement or Residual Functional Capacity.
A diagnosis is the starting place in building a case. But it that's all you have, you aren't likely to win. You must also address functional limitations that explain why you can't perform some work activities.
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
Email Your Question: forsythefirm@gmail.com
Thursday, January 16, 2020
WILL A LAWYER GET PART OF MY MONTHLY SSDI CHECK?
It's true that most people trying for Social Security disability benefits get help from a lawyer. Does the lawyer get part of your monthly disability benefit?
No, you always keep 100 percent of your monthly disability benefit. Why? Because it is illegal for a lawyer or representative to get any part of the ongoing monthly benefit.
Your lawyer will only be paid a small portion of your past due benefit, which is paid to you in a lump sum settlement. The usual fee is the smaller of 25 percent of the past due amount or $6,000.
For example, let's say your past due settlement is $14,000. Social Security will withhold $3,500 to pay your lawyer and send you $10,500. You will receive every cent of your monthly benefit for as long as you are disabled.
So, using a lawyer to help you win your case will never reduce your monthly check by even one cent.
No, you always keep 100 percent of your monthly disability benefit. Why? Because it is illegal for a lawyer or representative to get any part of the ongoing monthly benefit.
Your lawyer will only be paid a small portion of your past due benefit, which is paid to you in a lump sum settlement. The usual fee is the smaller of 25 percent of the past due amount or $6,000.
For example, let's say your past due settlement is $14,000. Social Security will withhold $3,500 to pay your lawyer and send you $10,500. You will receive every cent of your monthly benefit for as long as you are disabled.
So, using a lawyer to help you win your case will never reduce your monthly check by even one cent.
PREPARING FOR YOUR HUNTSVILLE SSDI HEARING
There are some things you can do to prepare for your Social Security disability hearing. Here is a partial checklist of things to do.
__________________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
- Look up the date you last worked. It's a certain question.
- Be able to explain why you stopped working in terms of your medical disability.
- Think about why you can't work in terms of ability to function--to sit, stand, bend, walk, lift or reach. If your impairment is psychological, address things like memory, concentration or being around others.
- Know the time and location of your hearing and plan to be there one hour early.
- Dress neat and casual. Avoid blue jeans, shorts, hats, tank tops. Don't wear your Sunday finest but dress neat and show respect to the court.
- Ask your doctor to provide a Medical Source Statement: a written opinion of what you can and can't do. This should be submitted at least a week prior to the hearing (earlier if possible).
__________________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
Tuesday, January 14, 2020
WHY SOCIAL SECURITY DENIED YOUR HUNTSVILLE CLAIM
Social Security decision makers will deny most of the claims they look at in 2020, as they have in all past years. Only the claims that stand out as well developed, clear and complete will be marked "Approved."
If your medical record is even slightly unclear, if it isn't certain that your condition will last for at least 12 months, or even if your records are not received--the decision maker is instructed to deny your claim and let someone further along in the process make a decision.
In other words, when there is any doubt, deny first and reconsider later.
The claims that get paid early on are the ones that "check all the boxes" and leave no doubts unsettled.
Many claims that get denied will later be approved in the appeals process but that may be 24 months later. Meanwhile, the claimant is not being paid and may be in financial trouble.
Your best bet for an early Social Security approval?
1. Be sure to file a complete, accurate and thorough application, including all the later forms you will receive in the mail. This includes the Work History Report and Function Report.
2. List all of your doctors and other medical providers, giving complete addresses and telephone numbers.
3. Call your disability specialist at the Disability Determination Service after about 30 days to see if he/she is receiving all of your medical records from providers. If not, call the problematic providers and ask if they will send in your records.
4. Return all calls from Social Security and keep all appointments, such as consultative examinations with their doctor.
5. If you get a denial, remember that it's not unusual. This will require an appeal or "Reconsideration." Note that about 98 percent of Reconsideration requests are also denied, requiring a further appeal. Prior to your visit with an administrative law judge for a hearing, consider getting representation. It's probably time.
__________
The Forsythe Firm
Phone (256) 799-0297
If your medical record is even slightly unclear, if it isn't certain that your condition will last for at least 12 months, or even if your records are not received--the decision maker is instructed to deny your claim and let someone further along in the process make a decision.
In other words, when there is any doubt, deny first and reconsider later.
The claims that get paid early on are the ones that "check all the boxes" and leave no doubts unsettled.
Many claims that get denied will later be approved in the appeals process but that may be 24 months later. Meanwhile, the claimant is not being paid and may be in financial trouble.
Your best bet for an early Social Security approval?
1. Be sure to file a complete, accurate and thorough application, including all the later forms you will receive in the mail. This includes the Work History Report and Function Report.
2. List all of your doctors and other medical providers, giving complete addresses and telephone numbers.
3. Call your disability specialist at the Disability Determination Service after about 30 days to see if he/she is receiving all of your medical records from providers. If not, call the problematic providers and ask if they will send in your records.
4. Return all calls from Social Security and keep all appointments, such as consultative examinations with their doctor.
5. If you get a denial, remember that it's not unusual. This will require an appeal or "Reconsideration." Note that about 98 percent of Reconsideration requests are also denied, requiring a further appeal. Prior to your visit with an administrative law judge for a hearing, consider getting representation. It's probably time.
__________
The Forsythe Firm
Phone (256) 799-0297
WHAT TO EXPECT AT YOUR HUNTSVILLE DISABILITY HEARING
Most people will attend a Social Security disability hearing only once in their lifetime, if at all. Here's a brief idea of what to expect.
First, it is not a court appearance in the usual sense of the word. The Social Security Administration is an agency of the federal government, a part of the executive branch. So, the hearing isn't entirely like a proceeding at the courthouse. It's a bit less formal. The rules of evidence are a bit more relaxed but there are rules.
A hearing is a fact-finding process presided over by an administrative law judge (ALJ) who works for the federal government.
The claimant and representative will enter a small conference room (hearing room) and be seated around a table. After everyone is introduced, the judge will explain the process. Then the claimant and any witnesses will be placed under oath.
Next, the judge will usually ask the claimant a series of questions. Some judges ask nearly all the questions, while other judges want the claimant's representative to ask most of the questions.
Questions usually center around the claimant's past work, current medical conditions, activities of daily living and restrictions in function.
It's impossible to list all or even most of the questions to expect. Here are three questions you must always expect and be prepared to answer:
1. When was the date on which you last worked, even for one day? Be sure you know this.
2. In your own words, tell me why you stopped working on (date).
3. In your own words, tell me why you believe you are now unable to work.
After the ALJ and your attorney have asked all their questions, the judge will pose some hypothetical questions to the vocational expert. You probably won't understand all of this because it's an unfamiliar "language." Your attorney will deal with this final portion of the hearing.
The typical hearing will last 45 to 60 minutes. At it's conclusion, you may or may not know whether you were approved. It's common for judges not to announce their decisions but to send their written decisions in the mail, which may take 60 to 90 days from the hearing.
______________
The Forsythe Firm
Phone (256) 799-0297
First, it is not a court appearance in the usual sense of the word. The Social Security Administration is an agency of the federal government, a part of the executive branch. So, the hearing isn't entirely like a proceeding at the courthouse. It's a bit less formal. The rules of evidence are a bit more relaxed but there are rules.
A hearing is a fact-finding process presided over by an administrative law judge (ALJ) who works for the federal government.
The claimant and representative will enter a small conference room (hearing room) and be seated around a table. After everyone is introduced, the judge will explain the process. Then the claimant and any witnesses will be placed under oath.
Next, the judge will usually ask the claimant a series of questions. Some judges ask nearly all the questions, while other judges want the claimant's representative to ask most of the questions.
Questions usually center around the claimant's past work, current medical conditions, activities of daily living and restrictions in function.
It's impossible to list all or even most of the questions to expect. Here are three questions you must always expect and be prepared to answer:
1. When was the date on which you last worked, even for one day? Be sure you know this.
2. In your own words, tell me why you stopped working on (date).
3. In your own words, tell me why you believe you are now unable to work.
After the ALJ and your attorney have asked all their questions, the judge will pose some hypothetical questions to the vocational expert. You probably won't understand all of this because it's an unfamiliar "language." Your attorney will deal with this final portion of the hearing.
The typical hearing will last 45 to 60 minutes. At it's conclusion, you may or may not know whether you were approved. It's common for judges not to announce their decisions but to send their written decisions in the mail, which may take 60 to 90 days from the hearing.
______________
The Forsythe Firm
Phone (256) 799-0297
WHAT TO WEAR TO YOUR HUNTSVILLE SOCIAL SECURITY HEARING
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.
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.
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.
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