DO YOU HAVE A GOOD SSDI CASE?

Do you have have a good case for Social Security disability?  I want to say a few things about how I analyze a new, prospective case to see if I think it can be won.

• When Is the Date Last Insured or DLI?

SSDI stands for Social Security Disability Insurance.  It's an insurance program.  When you worked, premiums were taken out of your pay in the form of FICA withholding and paid to Social Security to fund this insurance.  After you stopped working, and no longer paid FICA, the insurance eventually expired and you became uninsured for the SSDI program.  You reached your "Date Last Insured."  If you try to file a new claim after you reach your DLI, you are filling on an expired policy.  You can find out when your DLI will be (or was) by calling the Social Security office and asking.  (If the DLI has expired before the disability began, a person may still file for Supplemental Security Income or SSI; however, SSI is limited by financial resources and household income).

• What is the Claimant's Age?

18 - 49   are younger individuals, the hardest to get approved.

49 - 54   are approaching advanced age and may use grid rules.

55 +       are persons of advanced age and are more likely to win.

So, if an individual under the age of 50 approaches me about SSDI, I am aware that his or her impairments must be very severe in order to prevail.  The question is:  What kind of impairments does this young person have that will prevent him/her from performing a simple, sedentary, one step, unskilled, entry level,  minimum wage job?  If he or she can perform one of these type of jobs, Social Security is going to deny the claim.  That's the reality.  Older individuals have an easier burden of proof.

• What Are the Claimant's Medical Impairments?

First, there must be at least one severe medical impairment that has lasted for at least 12 straight months, is expected to last for 12 straight months, OR is expected to end in death.  You cannot combine different impairments to get 12 months.  Most importantly, how do the symptoms of this impairment preclude the capacity for full-time work?  We must prove that the medical condition does not permit the claimant to perform full-time work activity or substantial gainful activity.

• What Medical Evidence or Proof Do We Have?

Social Security goes by medical evidence to prove the claimant's allegation of disability.  So, I have to ask, What medical evidence do we have to work with?  If the claimant hasn't been to the doctor, has no tests or studies and has had little or no treatment, it's a hopeless case. We need to get this individual in for medical treatment someplace.  Even if there was treatment but it was 5 or 6 years ago, it's too old for a claim.  No proof = no victory.

Other Considerations

There are certainly other things to find out and consider.

• Has the claimant been denied previously?  How many times?
• Are there drug or alcohol problems? (Not always disqualifying)
• What kind of work has the claimant been doing for 15 years?
• Is there continuing medical treatment?

My office will conduct a free case evaluation for anyone who calls us, with no obligation.  We will explore your case and try to determine if you have a viable case that we can help you with.

Let me admit that I can't always tell who will win disability cases and who will not.  I can make educated guesses but even if I don't think a case will win (and therefore I don't agree to represent), someone else may think differently--and the case can still go on to win.  So, I never tell someone their case won't win, only that I don't want to accept the case.  Sometimes I hear from a colleague that a case I declined to represent has won, and I'm always delighted to hear this.  I'm happy for the claimant.

_________________

The Forsythe Firm

Social Security Disability Counselors

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

PHONE  (256) 799-0297

Email Your Question:  forsythefirm@gmail.com

TIPS FOR HIRING REPRESENTATION IN HUNTSVILLE

There are many good Social Security disability advocates in Huntsville that can help you with a disability claim.

You need help with forms and paperwork, answering questions, getting medical records, deciding how to qualify for benefits and handling filings and appeals.

You can look up an attorney or non-attorney advocate online or out of the phone book.  But what do you look for?

• Look for someone who specializes in Social Security disability. What percentage of his/her caseload is Social Security cases?
• Look first at a local attorney/representative in North Alabama, close to home.
• Hopefully, your attorney will have at least 5 years experience with Social Security.
• Check out online ratings (4 stars is better than 1).
• Read reviews left by other clients.  Remember, anyone can get a bad review, but look at the overall numbers. 
• Ask friends or family.  Chances are someone you know has been through the disability process and may have a recommendation.
• Where is the office?  In a good neighborhood that makes you feel safe?  Easy to find?  Easy parking?
• Is there a local office?  Not just a 1-800 number with an unknown location?
• Do you feel comfortable with the attorney/advocate when you meet him or her?

Keep in mind that Social Security will not authorize a fee for your representative unless you win your case and also collect some back pay.  The amount of the fee is determined by the amount of back pay.

TIPS FOR COMPLETING DISABILITY FORMS

Social Security loves forms like a bee loves honey!

But they can be confusing and exhausting.  Easy to put off or just neglect.

However, if you don't complete your forms (and complete them well), you won't get a benefit check.  Here are a few tips that may help you knock out the forms and do a good job.

• Prioritize and start with your most severe medical condition
• Be specific:  Not "I can't stand very long," but say "I can only stand about 10 minutes due to the pain in my lower back and legs."  (How long and where it hurts).
• Include all medical conditions, most serious first, more minor ones last
• List medication side effects, such as drowsiness, dizziness, nausea, etc.
• Try to relate each functional limitation to a medical cause.  Example:  "I only sleep 3 or 4 hours each night and this causes me to be very tired the next day."
• Try to get a Medical Source Statement from your doctor that details your specific limitations in function (sitting, standing, walking, bending, lifting, memory, etc.)
• Work with a partner to complete the forms; your spouse, adult son or daughter, or even a close friend who will sit down with you and help motivate you and check your answers.

• WEAK ANSWER:  "I can't work because I'm in pain and I have to lie down a lot during the day."  
• 
  
• STRONG ANSWER:  "I have lower back, hip and leg pain that averages 8/10 most days; I also get so tired that I must lie down 2 or 3 times during the day and rest for 45 minutes to an hour each time."

CHANGING DISABILITY LAWYERS

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.  

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.

 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.

_______________

The Forsythe Firm

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

PHONE (256) 799-0297     Free consultations

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"