VETERANS ON ACTIVE DUTY MAY QUALIFY FOR SOCIAL SECURITY DISABILITY

Under what circumstances may a disabled veteran qualify for Social Security disability benefits while he/she is still receiving active duty pay?

The answer:  When the veteran is unable to perform his or her job duties because of a physical or mental impairment.

Under the Wounded Warrior Project, Social Security disability benefits may be available to a disabled veteran while he or she is on active duty and receiving military pay.  This is because benefits are tied to the ability to perform work activity, not to the amount of money a veteran may be getting from the military.  The key point is to prove that you are disabled.  

Many veterans are still receiving active duty pay while they undergo the length process of a medical board review and eventual medical discharge.  The Wounded Warrior provisions of Social Security allows them to apply for Social Security disability now and, if they can prove disability, to receive benefits now.

The Forsythe Firm helps disabled veterans to apply for and receive Social Security benefits.  These benefits may be in addition to benefits from the VA.

There is no fee for our service unless you are approved and receive back pay or retroactive benefits.  All consultations are free and without obligation.

THE FORSYTHE FIRM

7027 Old Madison Pike NW, Suite 108 - Huntsville, AL 35806

Phone (256) 799-0297       www.VeteransDisabilityHuntsville.com

SSDI HEARINGS - SHOULD YOU ACCEPT A VIDEO HEARING?

When a Social Security disability claim is denied, the claimant must ask for a hearing before an administrative law judge (ALJ).  Social Security is pushing for more hearings by video-teleconference (VTC).  This allows the judge to hold a hearing from any location, while the claimant usually appears at a local hearing office or Social Security field office.

Should you accept a hearing by video-teleconference?  There is little reason to do so.  So far, there is little evidence that a VTC gets a hearing scheduled any faster.  One disadvantage is that many VTCs are being conducted by judges out of one of the national hearing centers, such as Chicago or St. Louis.  So, you may not get a hearing by a local ALJ like you would with an in-person hearing.

How to opt out of a VTC:  If you choose not to have your hearing by video teleconference, you must object in writing.  Social Security is sending letters to claimants who are awaiting the scheduling of hearings.  The package includes an objection form to be signed and returned within 30 days.  (You cannot object to a VTC prior to getting this letter).

If you need more information about hearings by video teleconference, or about disability claims in general, please contact us at the number below.  Information is free and without obligation.

 THE FORSYTHE FIRM

(256) 799-0297   https://forsythefirm.wixsite.com/website

7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806 "Across from Bridge Street"

BACK PAY DEPENDS ON ONSET DATE

I represent Social Security disability claimants in Huntsville - also in Athens and all over Alabama.  I always try to get claimants paid all the way to the date they first became disabled.  This payment is their "back pay" or "past due benefits."

For example, if Joe became unable to work on January 15, 2012, he may not get approved until many months later.  However, if he applied for disability in a timely manner, he should be able to collect benefits back to January 15, 2012 (minus the mandatory 5-month waiting period).  This may give him thousands of dollars in back pay.

The date an individual first became disabled is called the "onset date."  In order to get benefits back to the onset date, the claimant must prove that he became disabled on that date.  Social Security often tries to move the onset date forward, thus reducing the amount of the back pay to the claimant.

A good representative will seek medical evidence to show that the claimant became disabled on the onset date alleged in the application, thus preserving the back pay.  Social Security has become a tough negotiator regarding back pay.  If you get it, you must have your ducks in a row.  That means good medical evidence pointing all the way back to the alleged onset date.

Mistakes in the application, or mistakes made at the hearing can cost a claimant thousands of dollars in reduced back pay.

_______
The Forsythe Firm
(256) 799-0297

FIBROMYALGIA - IS IT A DISABIILTY?

Fibromyalgia is a real disease that poses real limits on the ability to work.  Still, Social Security continues to have some problems in awarding benefits based on fibromyalgia.

Social Security now recognizes that Fibromyalgia can be a disabling impairment.  Federal court cases continue to support that finding.  In Sublett v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012), the District Court awarded benefits in a case where the hearing judge had rejected the opinion of the treating doctors in a case involving Fibromyalgia.

The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits."

As with most Social Security disability cases, the key is persistence.  The correct decision will not be made at all levels.  So appeal unfavorable decisions to the next level when you believe your case has merit. 

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DISABLED WORKERS OVER AGE 50

Social Security places workers who are age 50 and over in a special category that may help them collect Social Security disability benefits.  Social Security "lowers the bar" when it comes to proving disability after age 50.  And at age 55, it gets even easier.  Individuals who are 55 or older are considered "approaching advanced age."

The "Grid Rules" work in favor of older workers.  Here's an illustration.

John is a 39 year-old worker with a condition which limits him to sedentary work.  He has a high school education, unskilled past work and no special vocational skills.  He is literate, able to read and write in English.  The Grid Rules will direct a finding of "not disabled."

Denny is a 56 year-old worker with a condition which limits him to sedentary work.  He has a high school education, unskilled past work and no special vocational skills.  He is also literate, able to read and write in English.  The Grid Rules will direct a finding of "disabled."

What's the difference?  Age is the only difference.  As a worker ages, he or she is less able to adapt to new, unskilled work.  If there is no past skilled work that can transfer, and no skills that enable direct entry into skilled work, the individual will be found to be disabled.

The inner workings of how adjudicators arrive at disability decisions can be quite complicated.  It may be to your advantage to appoint a representative to help you with your disability claim--especially if your initial application is denied and you need to kick your case up to a hearing review.  Your representative cannot charge you a fee unless you win your case AND also collect back pay benefits (lump sum settlement).

For a free, no obligation evaluation of your disability case, please contact us at the Forsythe Firm.  We do not handle anything but disability cases and we know Social Security and how it works.  Call us at (256) 799-0297 in Huntsville, AL.  We work all over Alabama and Middle Tennessee.

CAN YOU APPLY FOR DISABILITY WHILE STILL WORKING?

Can you apply for Social Security disability benefits while you are still working?
 
Yes, if you are earning less than "substantial gainful activity" or SGA, which is $1,070 per month (gross before tax) in 2014.  Basically, you could work part-time and still apply for disability.

However, if you are working and earning at least $1,070 per month  you are working at SGA level and cannot apply for disability under Social Security regulations.

Remember, that the SGA limit of $1,070 per month applies only to earned income, such as wages, salary, tips or bonuses, etc.  It does NOT include investment or retirement income for which you do not perform any work or other valuable services.  For example, if you have a rental property that pays you monthly rent, but you do nothing but get a check each month, that money may not count toward SGA income. The same would be true if you receive a monthly retirement check from a former employer, or an annuity from an insurance company, savings account or retirement fund.

Also, keep in mind that the dollar amount for "substantial gainful activity," which is $1,070 per month in 2014, increases each year.  So the amount for 2015 will probably be slightly higher.  Remember, you do not have to be poor to collect Social Security disability benefits.  There is no "means" or "wealth" test.  It's just that you cannot be working and disabled at the same time--and the definition of "working" is earning SGA level wages.  That's Social Security's definition of "work."

 THE FORSYTHE FIRM

7027 Old Madison Pike - Suite 108 - Huntsville, AL 35806

PHONE (256) 799-0297    www.forsythefirm.com

No fee for our service unless you win

QUICK DISABILITY DECISIONS AVAILABLE (FOR SOME)

Compassionate allowances permit Social Security to approve claims quickly (often in a week or less) for applicants suffering from one of 200 incurable diseases.

On December 6, 2012, Social Security Commissioner Michael Astrue met in the Hart Senate Office Building in Washington D.C. to announce reaching the milestone of 200 diseases that now qualify for a speedy compassionate allowance approval.

In order to qualify, an applicant must have one of the 200 illnesses on the list.  There are still many incurable and tragic diseases that are not on the list and thus do not qualify for the rapid award of benefits.  However, the program does provide very quick approval for thousands of applicants each year who suffer from one of the 200 conditions listed.

To see the complete list of diseases which qualify for a speedy compassionate allowance disability award, go to the following website:

 http://www.ssa.gov/pressoffice/pr/compassionate-allowances200conditions-pr.html