SCAM: THEY WANT YOUR MONEY OR IDENTITY

Everyday calls are made to thousands of people, telling them that there is fraudulent activity on their Social Security card, their card has been suspended and they must take action. In 2019, Americans received 450,000 of these fake calls.

Sometimes, the scam caller has good news.  You can get a cost of living raise, more benefits or an extra check.  The caller just needs to verify your Social Security number, name, or address.  This is always a scam call.

Often, they will leave a toll free number for you to call to clear up the problem.  This is not the Social Security Administration on the end of the call; it is a criminal.

These calls are always, always, always scams.  Criminals are calling to try to get your name, address, Social Security number, bank information, etc.  Or, they will ask you to send them money, use a debit or credit card to transfer money to them--or even to send them pre-paid gift cards of some type.

Some things to realize when you get one of these scam calls:

1.  Social Security never (never) calls anyone on the phone to report or talk about fraudulent activity or problems. It's always a scam!

2.  Social Security never (never) suspends a Social Security number.  Even if you wanted this to happen, it would take an "act of Congress" to get it done.

3.  Social Security will never (never) call you to say they are suspending your check unless you act.  Doesn't happen.

4.  Social Security will never (never) ask you to send them money, gift cards or checks, and they will never (never) ask you to make any kind of payment over the phone.

5.  Social Security will never call you to ask for such information as your Social Security number, address, bank account number, name of your bank, date of birth, or any other personal information.  If you provide someone you don't know with this information over the phone, you are allowing them to

• steal your identity
• rob your bank or savings account
• open credit cards in your name
• use your credit cards to make purchases or cash advances
• take trips or vacations at your expense
• make expensive purchases and charge them to you
• get medical care at your expense
• buy airline tickets and charge them to you
• etc., etc., etc., the problems go on and on......

What to do if you get one of these calls from someone claiming to be from Social Security, Medicare, the IRS, the US Treasury Department, etc. (all scams).....

1.  Tell them nothing, not even your name.

2.  Give them no information of any kind.

3.  Never give your Social Security number, even if they say they just want to "verify" it.  They really want to steal it.

3.  Hang up immediately.  Don't argue with them.

4. Never give them your phone number (they probably don't know it, even though they have just called you).

5.  Don't do anything they tell you to do, such as logging in to your computer, buying a money order or gift card, etc.

These scam artists are very good.  They will try to keep you talking to convince you they are for real and win you over.  The longer you talk, the more danger you are in.  Hang up.

Where Do These Scammers Get Your Number?

• They probably do not have your phone number.
• They use a computer that dials phone numbers randomly.
• If it really were Social Security, they would already have your name, address and Social Security number.
• If it really were Social Security, Treasury Department or the IRS, they would contact you by US Mail, not by phone.

Why can't the government protect you and stop these scams?  For one, most of these operators are based outside the United States, in India, Bangladesh, Vietnam or some other country.  The US has no power to reach them.  Secondly, there are thousands of them who move around frequently.  Third, the American telephone companies enable the scammers by making their telephone lines, numbers and networks available to them, mostly unintentionally, by failure to enact security policies that might stop the scammers.  This is gradually changing; however, the government needs to do more to require the phone companies to make this more difficult.

In the meantime, you must protect yourself.

Is it ever safe to give your personal information to someone who calls you on the phone?  I'm going to say NO.

'"ONSET DATE" AND WHY IT'S IMPORTANT

Social Security disability benefits place a great importance on what they call "onset date."  This is the date that your impairment or condition became disabling under the law.

Before it is proven, it's called "the alleged onset date" or AOD.  After it has been proven and accepted by Social Security it becomes known as the "Established Onset Date" or EOD.

The onset date is important for two reasons:

1.  It determines whether your disability began before your SSDI insurance coverage expired.  To be covered, your disability must have an onset prior to your Date Last Insured.  For example, if your Date Last Insured is 6/30/17, your disability must have an onset prior to 6/30/17 or it is not covered.

2.  It determines how much back pay you can receive, if any.  In most cases, Social Security will pay a benefit back to the date of onset, minus the five-month waiting period.  The further back the onset, the further back payments go.  

So, in a Social Security hearing, you aren't just trying to prove that you are now disabled, you are also trying to prove the onset date on which you first became disabled.

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