SOCIAL SECURITY DISABILITY UPDATES

Appeals must be requested within 60 days of the date on the rejection letter from Social Security.  There is a 5-day "grace period" that allows for time the letter may have spent in the mail, giving you actually 65 days to request the appeal.   If you are later than 65 days in requesting your appeal, Social Security will generally ask you to "show cause for untimely filing."  Certain reasons for not filing on time could be accepted.  For example, if you can prove that you received the denial letter late, you may be entitled to a later appeal filing.  However, most of the excuses I've heard do not hold up and the claim gets dismissed if it is past the 65 day limit.  One jurisdiction where I practice will allow a couple of extra days for mail time.  You don't have to submit all of your evidence when you request the appeal.  There is no reason that filing a request for appeal should be time consuming for the claimant.  Preparing for th...

Many attorneys or advocates will not get involved in a Social Security disability claim until after it has been denied.  However, I have started representing claimants at the beginning stage of their claims - the filing of their initial application.  And I've recently been able to help a dozen claimants get their benefits on the first try, without a time consuming appeal.  For sure, many claimants still get denied on the application level but for every one that gets approved there are numerous benefits, including a smaller attorney's fee.  In fact, on 5 of the recent cases, there was no back pay because the claim was approved so quickly.  There was also no fee for my services. What's the main advantage to using a representative when you first apply for Social Security disability?  The biggest thing is experience.  A representative knows what Social Security is looking for.  He knows how the forms should be completed.  He or she knows the im...

With the media bombarding Social Security with negative attention and Congress facing tough budget battles, the Congressional Budget Office released a report on July 16 at the request of Sen. Jeff Sessions (R-AL).  Among the other benign observations made by the CBO, there is a list of options for Congress to consider regarding the Social Security Disability Insurance (SSDI) program.  Three of the several options listed in the report are: Change the benefit formula Change the eligibility rules Change the waiting period from 5 months to 12 months. Currently when an individual applies for Social Security disability there is a better than 70 percent chance the application will be denied by the Disability Determination Service.  The average appeal of that decision in Alabama takes about 14 months.  Even if the claimant is found disabled, current law requires Social Security to subtract 5 months (called a "waiting period") off of the award.  So, if a seriously ...

I just returned from a Social Security disability hearing.  The medical records were excellent.  They were neatly typewritten from the doctor's transcription, so they were easily to read.  They were complete, thorough, very detailed.  They were actually the kind of medical records most disability advocates only dream about.  Rarely do we get such good and complete records from doctors. The hearing judge had obviously looked over the file before the hearing began.  He asked the claimant a few questions, then allowed me to question the claimant without interruption for about 20 minutes.  I used that time to make the evidence of record personal to the individual I was representing.  The claimant's testimony was convincing and consistent with what the medical records said. The problem came, as it usually does, with the vocational expert.  When the judge asked the VE if there was any work that the claimant could perform, the VE found examples ...

Routine medical records are frequently insufficient to win a Social Security disability case!  The main fault I find with doctors' records is that they do not address vocational limitations or issues that restrict a claimant's ability to function in the work place.  And those kind of medical records will often not win a disability case. When Social Security requests medical records, your doctor is going to send them copies of your chart.  That will include dates the doctor saw you, your chief complaints, medicine prescribed, tests ordered, and test results.  Here is an illustration of a typical doctor's entry for an office visit (and this would be considered a pretty complete notation): "Patient presents on 1/1/12 complaining of low back pain radiating into R leg.  Says Tramadol 50 is not helping. Sleep is poor. On exam, LL area is sensitive to touch.  We may consider MRI if not improved next visit.  RX:  hydrocodone ----- mg., q. 6 hrs., PRN...

To prevail in a Social Security disability hearing you must show that you are not working, have a serious mental OR physical impairment and meet the following crucial tests.   One crucial step is showing that you cannot perform any of your past relevant work. Social Security considers work performed at substantial gainful activity level during the past fifteen years to be relevant.  Once you pass the hurdle of not being able to perform past work, it is very important to show that you have no skills that will transfer to other work. A second crucial step is to demonstrate that you cannot perform "any other work" which is available in the national, regional or local economy.  This is best shown by having a well defined list of functional limitations from medical source providers.  This evidence would show your physical limitations in such areas as lifting, carrying, walking, sitting, standing, bending, reaching, squatting, etc.  If you have emotional or mental...

The process of getting a favorable decision on your Social Security disability claim has probably left mixed emotions in its wake.  On the  one hand you are excited and relieved to finally have the judge's decision; on the other, you are tired and stressed by the long ordeal.  And even with a favorable decision, it isn't over until the check for back payments arrive. I have several clients who have been awarded back payments covering 18 to 24 months--which is quite a large sum of money.  How long does it take to get the money?  The answer is, usually 60 to 90 days after the decision.  I have seen money actually deposited in as little as 30 days, and I've seen it take 120 days.  But 60 days is probably closer to the average.  That's 60 days AFTER the judge's written decision comes in the mail. In a successful Title 2 (disability) claim, there are usually two types of payments:  your regular monthly benefit which will arrive each month at a...

My favorite flowers - now in full bloom just outside my office window - have nothing whatever to do with Social Security disability claims or appeals.  However, they serve to remind me that nothing is permanent and it pays to stop every now and then and smell the flowers.  Hope you enjoyed these as much as I do.

If you keep up with blogs, TV news, radio talk or any other media, you will hear a great deal of "buzz" about Social Security disability. It seems like nearly everyday some "journalist" writes an article about how easy it is to get Social Security disability, even for people who have nothing wrong with them except for alcohol,drug abuse or obesity.  Or the writer may wax eloquent concerning the deficits in the Social Security trust funds and how the system is going bankrupt even sooner than first estimated.  Usually, they will tie all these woes into the recession, the unemployment rate or the general economy.  Most of these conclusions are erroneous but that doesn't seem to slow down the muckraker journalists. These writers nearly always fail to mention that the national average for award rates (approval rate) for Social Security disability claimants at the hearing level has now fallen to below 50 percent for the first time ever. That's down between 10 ...

Often I get a question about working part time and applying for Social Security disability.  In many situations the claimant is not able to work but is trying to work part time while the disability application grinds through the process.  The question logically arises, will working cause Social Security to deny the application - even if the claimant's work does not each the level of substantial gainful activity (SGA)? The answer is - maybe.  In 2012 the standard for SGA is pretax earnings of $1010 per month. If an individual earns less than SGA he or she is not disqualifed for disability benefits because of the earnings.  But there is more to the story. I will quote from 20 CFR 416.971.   "Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did.  We will consider all of the medical and vocational evidence in your file to decide whether or not you have the ability to engage...

MENTAL RETARDATION AND SOCIAL SECURITY DISABILITY BENEFITS May a person obtain Social Security disability or SSI benefits on the basis of mental retardation? Yes. Mental retardation or developmental delay is covered under Section 12.05 of the Social Security disability handbook [CFR 404, Subpart P, Appendix I]. If the claimant has a valid full scale, verbal or performance IQ score of 59 or less, (s)he will generally be found disabled. (The  lowest  subscore of an IQ test may be used to meet this requirement). When an individual's lowest IQ score ranges from 60 through 70 there must exist additional marked limitations of function to warrant a finding of disability. In short, the IQ score alone will not be sufficient for a finding of disability.  With a score below 60, that alone will usually suffice for a disability finding. My experience has been that mental retardation cases are fairly straight forward. With adequate professional evaluation and documentation, a...

The new Social Security disability  hearing office statistics are out for the reporting period starting 10/01/2011 and ending 03/30/2012.  The 165 hearing offices were ranked according to how many days on average it takes them to process a case through final disposal. Here are the top 3 (fastest) Social Security hearing offices: # 1  Mayaguez, Puerto Rico, 174 days #2  Shreveport, LA, 182 days and #3  Rio Grande Valley, TX, 188 days Chattanooga, TN came in at fourth place - but the average number of days jumped to 235 in fourth place. I looked up some of the hearing offices where I practice--in Alabama and Middle Tennessee. Unfortunately, our offices ranked closer to the bottom of the list. # 151  Montgomery, AL, 420 days #  153 Florence, AL, 426 days #  154 Nashville, TN, 435 days #  157 Birmingham, AL, 441 days Franklin, TN, however, came in at number 122 with an average processing time of 386 days.

Disability benefits and Supplemental Security Income  (SSI) benefits are both handled by the US Social Security Administration.  Therefore, the two programs are often confused.  They are actually quite different in many ways. First, Social Security disability is covered under Title 2 of the Act.  It requires a sufficient number of "quarters of coverage" earned by employment and payment of FICA taxes.  A rule of thumb says you need to have worked 5 years out of the most recent 10 years to be covered.  Awards under Title 2 are paid from the Social Security Trust Fund.  The amount of monthly benefit is determined by average earnings. SSI is referred to as "Title XVI (16)."  SSI requires no work credits to be covered.  So, individuals who have never worked may be eligible for SSI.  Unlike Title 2, SSI is for persons who are disabled and blind AND have very limited income and personal assets.  Generally, an individual must have less ...

It seems as if everything is experiencing a budget deficit.  Social Security is certainly no exception.  In an effort to save money, Congress has appropriated more funds to conduct "continuing eligibility reviews" of Social Security disability recipients.  The idea is that many individuals qualify for disability checks--and later improve.  If they experience "significant medical improvement," they may become able to work and won't qualify for disability checks any longer.  In order to determine who still qualifies and who doesn't, Social Security performs continuing disability reviews (CDRs). Almost every disability beneficiary will experience a continuing eligibility review.  At the time you were first awarded Social Security disability benefits, a computer somewhere scheduled you for a future review.  You may know about and you may not.  Reviews are conducted at least every 3 years in most cases.  If you receive Social Security disabi...

I recently ran the numbers on the average waiting time to get a Social Security disability hearing. It varies by region of the country, but 14 to 15 months seems to be about the average time a claimant waits to get his claim before a judge.  In one of the local hearing offices in Alabama, where I practice, the average wait time is 442 days. A couple of years ago, the Commissioner of Social Security assured Congress that measures were being taken to reduce the backlog and the waiting time.  While wait time has not sharply declined - we are seeing slight reductions, in spite of increased claim filings. Among the measures the Social Security Administration is taking:  hiring several hundred additional administrative law judges, attorneys and support staff; opening new hearing offices in some over burdened regions of the country, and offering more hearings by teleconference.  I appealed a Social Security case in April and it was scheduled for hearing in July.  L...

There are several myths out there concerning Social Security disability and mental impairments.  One myth is that anyone can get disability benefits by pretending to have a psychological impairment.  No one who thinks that has ever developed or tried a case before an administrative law judge.  Social Security has rather severe requirements that must be met before anyone gets a disability check.   Another myth--kind of on the opposite end of the spectrum--is that mental impairments are impossible to prove and, therefore, almost nobody can qualify for disability due to psychological or mental illness.  This, of course, is also untrue. If an individual has a mental impairment that has lasted or is expected to last for 12 months or more, presents serious limitations on the individual's activities of daily life, including the ability to work, there is good cause to file a Social Security disability claim. Quite by accident, when I first began my practice, my fi...

By Charles W. Forsythe The Forsythe Firm, Huntsville, AL  1-855-854-CASH or (256) 799-0297 Social Security disability Listings are found in the Code of Federal Regulations , Part 404, Subpart P, Appendix I.  Various types of impairments are categorized according to 15 body systems and exact medical requirements are given for "meeting a listing."  For instance, Section 1.00 covers the musculoskeletal system disorders and section 15.00 covers disorders of the immune system. The question often arises, "Must I meet the requirements of one of the disorders in "the Listings" to be disabled for Social Security benefit purposes.  The answer is, no.  Most of my clients who file successful Social Security disability claims do not meet the requirements of any listing.  This is because the listings are so specific and narrow that they are terribly difficult to meet. There are 5 sequential steps to a disability consideration.  At Step 3, the question is pos...

You do not need a representative to file a Social Security disability or SSI claim?  By that, I mean only that you can file the claim yourself.  You are in no way required to have a representative. That begs the question, "Should I have a representative?" which is an entirely different question.   You may be fine with handling the initial disability application process alone.  The problem is that 70 percent of initial applications are denied in Alabama.  Then, you enter the much more complex stage of an appeal, which will result in a hearing before an administrative law judge (alj).  Here, my opinion is that you definitely want to be represented.  I have never heard an attorney or professional non-attorney representative disagree with that opinion.  Here is why: First, a disability hearing involves submitting evidence to prove your case.  There are definite rules and laws about what you have to prove to win.  The hearing is about m...

Did you know you may be able to collect months or years of back pay in a Social Security disability claim? I  hear the term "alleged onset date" used in Social Security disability cases. What does this term mean and why is it important? Alleged Onset Date (AOD) is the date on which the claimant says (s)he became disabled. It is also the date that potentially determines how far into the past the claimant may be eligible for retroactive or back pay. In a Social Security disability case (Title II), the claimant is entitled to get paid monthly benefits all the way back to the date on which the disability began, as long as this date does not exceed 12 months prior to the date of the disability application. The adjudicating official (the person who decides your claim) will decide whether there is enough evidence to support the alleged onset date. If there is, then the alleged onset date will become the "established onset date." In summary, the onset date will b...

by Charles W. Forsythe, MS                                   Social Security Disability Advocate The Forsythe Firm, Huntsville, AL (256) 799-0297 www.forsythefirm.com  Nearly every worker in America is covered by Social Security disability insurance.  If you work and pay FICA taxes Uncle Sam has covered you with disability insurance that will pay you a monthly benefit if you become unable to work prior to reaching your full retirement age. There is no particular diagnosis needed to qualify, just a physical or mental condition that will prevent you from working for 12 months or longer.  Here are the eligibility requirements, stated as briefly as possible: 1.  You not be working at the level of "substantial gainful activity" (SGA).  Usually, that means full time work or earning at least $1,015 per month. 2.  You have a serious and medically determinable impair...

SOCIAL SECURITY DISABILITY FOR MENTAL IMPAIRMENTS! The Social Security Act provides cash benefits for both physical and mental impairments.  The keys to winning benefits for either a physical or psychological impairment are (1) severity and (2) duration. The duration requirement is 12 months or more.  You must have had the disabling condition for at least 12 months or expect the condition to last for a continuous 12 months or more, or to end in death. Severity of the impairment must be such that you cannot return to the work you performed in the past, or to other types of work available in the national or regional economy.  In short, your impairment must place such physical or mental limitations upon you that you are not able to hold any type of full-time job. The condition that you claim to be disabling must be "medically determinable."  This means that doctors, psychologists or other qualified specialists have documented your condition using reliabl...

When you file an application for Social Security disability benefits,  Social Security passes your application off to a state agency known as the Disability Determination Service or DDS.  DDS will write to your doctors and medical providers, requesting a copy of your medical files. What is in those records - or more importantly, what is NOT in them - can be problematic for your disability claim.  To put it bluntly, you may be obviously disabled but your medical records may not come close to proving it. Here are some statements that will not be sufficient to carry a disability claim to approval: "This patient is definitely disabled and has been unable to perform any type of work for the past 12 months."  - Signed Dr. ------------------.  Or "It is my opinion that this patient became disabled on June 10, 2011.  I have advised this patient to stop working.  He is not able to perform any type of work."  Signed Dr. -------------------...

DISABILITY HEARINGS - AND VOCATIONAL EXPERT TESTIMONY Charles W. Forsythe, MS The Forsythe Firm Social Security Representatives, Huntsville, AL  (256) 799-0297 Social Security disability and the role of the Vocational Expert's testimony When Social Security denied your disability application, you filed an appeal requesting a hearing before an administrative law judge.  On the day of the hearing, you walk in to find the judge, another Social Security employee and a third person seated at the table.  This third person in the room is most likely a vocational witness, also called a "vocational expert" (VE). The vocational witness is present because he or she was invited by Social Security.  He or she will have two basic functions at the hearing. 1)  The VE will help the judge understand the nature of your past relevant work.  Work will be classified as skilled, semi-skilled or unskilled.  The exertional level of the work will be classed as sedent...

Tips for getting Social Security disability. by Charles W. Forsythe, Advocate The Forsythe Firm Huntsville, AL  (256) 799-0297 Social Security Disability: Tips for Getting Approved While there is admittedly some luck involved in getting approved for Social Security disability, the application process is still a science.  There are are rules that will increase your odds of being approved.  After years of helping the disabled get their claims approved, I've found that simple things make a profound difference. Tip 1:  Make sure your application is squeeky clean and complete.  List all of your doctors and health care providers along with complete mailing addresses and telephone numbers. Tip 2:  Tell Social Security about your functional limitations not just symptoms or diseases.  For example, if you need help putting on your shoes, bathing, dressing or shopping--those limitations speak to the kind of restrictions that can get you approved. T...

Social Security disability is more difficult to get than ever.  Primarily, I think there are two reasons.  One, a series of new rules have eliminated some entitlements for things like obesity, diabetes and substance abuse.  Second, Congress has recently investigated media reports that portray Social Security to be an easy target for fraud and abuse.  It amazes me how many people believe that all you need to get Social Security disability is a pen and an application!   All this would be tolerable if we were not in the mess we're in.  We currently have more than 500,000 persons waiting in line to get a decision on their Social Security disability claims.  The wait in my state of Alabama now averages just over 14 months for a claimant to get before an administrative law judge. Prior to 2011, there was about a 65 percent probability that your claim would be approved at the hearing level.  Since the adverse media reporting and the meddling of Congr...