Is it possible to change SSDI disability lawyers? Is it a good idea?
While it may be possible to change lawyers or representatives in a Social Security case, it is not usually a good idea. I say this for a couple of reasons.
First, most lawyers are very reluctant to accept a case where another lawyer has already been involved. This is mostly a matter of ethics or professional courtesy. So, finding new representation after dropping your lawyer may prove difficult or impossible.
Second, you may be thinking of firing your lawyer for the wrong reason. Most claimants become frustrated with the SSDI process because it takes so long to get anything done. However, this is not your lawyer's fault.
The long delay in getting your case resolved is Social Security's fault. They are inordinately slow because of a lack of personnel and inefficient processes. They have fewer employees today than they had ten years ago but are trying to do about twice the work. They have not been adequately funded for twenty years. Until just recently, Social Security didn't even have the budget to keep their offices open all day on Wednesday. (That changed January 6, 2020).
So, your new lawyer will have no more luck than your old one when it comes to hurrying your case to a conclusion. Nobody can push the Social Security Administration or the US government into faster action. If that's your goal by hiring a new representative, it's a wast of time.
There might be exceptions, but in most cases it is wise to stay the course and work with your existing representative.
Friday, January 17, 2020
MEETING A DISABILITY LISTING IN HUNTSVILLE
You may have heard a lot about "Listings" in terms of Social Security disability. What is a Listing?
A Listing is a medical condition which is so severe that Social Security "lists" it as automatically qualifying for a benefit. Listings are arranged in the Blue Book according to body systems. For example, Section 1.0 deals with impairments of the musculoskeletal system.
A Listing is a medical condition which is so severe that Social Security "lists" it as automatically qualifying for a benefit. Listings are arranged in the Blue Book according to body systems. For example, Section 1.0 deals with impairments of the musculoskeletal system.
Most claimants do not meet the Blue Book listing, but this does not mean they do not medically qualify for benefits. Qualifying may be more complicated, but it is still possible. To get disability without meeting a listing Social Security needs a “residual functional capacity” or “RFC” analysis. This looks at how your impairment affects your ability to work by analyzing its affects on your everyday life. To do this, the SSA reviews:
- your symptoms,
- medical treatments,
- and everyday limitations and challenges.
Do not allow Social Security to devise their own residual functional capacity (RFC). They often won't do so in a way that helps you win your benefits. Ask your own doctor to provide one. Your doctor knows your condition better than anyone and can usually be of more assistance.
Often, it is necessary to appeal after a denial. Social Security denies up to 80 percent of initial disability applications. In the appeal, it's usually necessary to challenge the residual functional capacity that Social Security has assigned to the claimant.
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297 Free consultations
Thursday, January 16, 2020
AFTER YOUR HEARING....WHAT'S THE DELAY?
Many people call me after they've attended their hearing and want to know "What's next?" If they were my clients they would know because I would've told them. But I get calls from folks who are not even my clients.
So, here's the scoop on what to expect after your hearing is over. The short answer is, more waiting.
DECISION WRITING is the first thing you wait for. When the judge makes a decision, it is sent to a decision writer to be typed up. This takes a long time because the decision is very technical and may run up to 20 or 25 pages. Of course, the decision writers aren't just working on your decision, they have dozens or hundreds of them, so get in line. It typically takes 6 to 8 weeks to get a decision written and sent out but I've seen it take even longer.
PAYMENT PROCESSING is the next big wait. If you received a favorable decision, the case goes to a payment processing center, such as the one in Baltimore, for benefit amounts to be calculated and checks processed. How long does this take? It varies with each case. Sometimes I see checks issued within 30 days of the decision; however, a wait of 60 to 90 days is more common.
If part or all of your benefit is from SSI, or Supplemental Security Income, the wait will be longer. This is because Social Security must conduct an interview with you to decide whether you meet the "financial requirements" for SSI, which is based on financial resources, income and living arrangements. The local Social Security office must become involved in the SSI investigation before the payment processing center can write a check, so the process takes even longer than it does for a straight SSDI case.
Waiting is a very important part of Social Security disability, as frustrating as it can be.
HUNTSVILLE AREA DOCTORS FOR THE UNINSURED
I talk with individuals almost every day who need disability benefits but don't have a doctor. Many people can't afford a doctor because they can't work and have no medical insurance.
You might think that Obama Care has made it possible for everyone to be insured, but that just is not the case. The government health insurance is often too expensive to afford. And persons who are not working and have no income don't qualify for Obama Care. Even if you're one of the few people fortunate enough to get insurance, you may have to pay the first several thousand dollars out of your own pocket, making it impossible to see a doctor.
One thing I can tell you for sure, you can't get approved for disability benefits unless you have a doctor. So, where do you turn?
Fortunately, there are a number of very good community clinics in Limestone, Madison, Morgan, Lawrence and Cullman counties that treat individuals who have low income and no insurance. There are some over in the Jackson and Marshal County areas, too.
I had a client call me today to tell me that she had found a "wonderful doctor" at one of these clinics. She said she had just returned from her first appointment and the doctor had spent over an hour checking her out and writing some much needed prescriptions. She wanted to thank me for referring her to the doctor.
It's discouraging to see people with diabetes, high blood pressure, seizures, and all manner of other problems who could be helped with regular medical care and low cost drugs. There is a doctor for you. All you have to do is find him or her. Call my office and we will send you a free list of clinics in northern Alabama (or southern Tennessee) that you can call.
Whether you get SSDI benefits or not, finding a doctor to provide good healthcare will be a tremendous help to you.
________________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE: (256) 799-0297
Email: forsythefirm@gmail.com
WEBSITE "SOCIAL SECURITY JUSTICE"
You might think that Obama Care has made it possible for everyone to be insured, but that just is not the case. The government health insurance is often too expensive to afford. And persons who are not working and have no income don't qualify for Obama Care. Even if you're one of the few people fortunate enough to get insurance, you may have to pay the first several thousand dollars out of your own pocket, making it impossible to see a doctor.
One thing I can tell you for sure, you can't get approved for disability benefits unless you have a doctor. So, where do you turn?
Fortunately, there are a number of very good community clinics in Limestone, Madison, Morgan, Lawrence and Cullman counties that treat individuals who have low income and no insurance. There are some over in the Jackson and Marshal County areas, too.
I had a client call me today to tell me that she had found a "wonderful doctor" at one of these clinics. She said she had just returned from her first appointment and the doctor had spent over an hour checking her out and writing some much needed prescriptions. She wanted to thank me for referring her to the doctor.
It's discouraging to see people with diabetes, high blood pressure, seizures, and all manner of other problems who could be helped with regular medical care and low cost drugs. There is a doctor for you. All you have to do is find him or her. Call my office and we will send you a free list of clinics in northern Alabama (or southern Tennessee) that you can call.
Whether you get SSDI benefits or not, finding a doctor to provide good healthcare will be a tremendous help to you.
________________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE: (256) 799-0297
Email: forsythefirm@gmail.com
WEBSITE "SOCIAL SECURITY JUSTICE"
THE BIG QUESTION IN HUNTSVILLE DISABILITY
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.
____________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
Email Your Question: forsythefirm@gmail.com
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.
____________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
Email Your Question: forsythefirm@gmail.com
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
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