SOCIAL SECURITY DISABILITY UPDATES

Did you know that your Social Security disability program has a shelf-life?  Sure, you know your homeowners insurance comes with an expiration date.  So does your auto insurance.  But Social Security disability? Yes.  Social Security disability is insurance, just like your homeowners, auto policy or life insurance.  You pay for it with taxes (called FICA) deducted from your paycheck.  When you stop working, you also stop paying FICA tax. That begins the clock ticking on your disability coverage. About 4 years after you stop working, your Social Security disability insurance will expire because you are no longer paying into the system.  The date your insurance expires is called "Date Last Insured."  When this date rolls around you can only file a new claim under Title 2 (Social Security disability) if you can prove that the disability began before your date last insured.  It doesn't matter how sick you are, or how unable to work, you ...

Here are some common mistakes that absolutely kill your chances of getting money from Social Security disability.  These are mistakes to avoid at all costs. 1.  Failure to establish consistent treatment with a good doctor.  This is equivalent to not having good medical records.  You may be very sick but if your medical record doesn't say it, it never happened. 2.  Making inconsistent statements.  Inconsistencies may be in your medical record (what you say to your doctor), in your application forms, or what you say to the judge at your disability hearing. 3.  Failure to appeal a denied application in time.  You only get 60 days to appeal.  After that it's just your rough luck.  The 60 day rule is strictly enforced.  It's a regulation, not a recommendation.  60 days.  No more. 4.  Failure to prove the "onset date" of disability.  Benefits are usually paid back to the date you first became disabled, cal...

Social Security has made some important updates and revisions to its disability rules.  We will discuss a couple of these changes here. SSR 12-2(p) was issued in 2013.  This ruling clarifies how Social Security should consider Drug or Alcohol Abuse (DAA) in deciding disability claims.  In effect, it continues the policy followed for the last sixteen years but adds a great deal of clarification.  The summary of SSR 12(2)(p) is that a disability claim cannot be denied due to DAA unless the abuse is material to the impairment(s) of the claimant. SSR 12-2(p)  makes it clear the Fibromyalgia is a medically determinable impairment.  In short, if it is severe enough and well documented, Fibromyalgia may qualify an individual for disability benefits.  In the past, many judges refused to acknowledge Fibromyalgia as "a real disease."  With this ruling in place, the disease must now be considered on the same basis as other impairments when it is medical...

What should you expect when you start the process to obtain Social Security Disability benefits?  We hope this will answer a few questions. Expect long delays with a lot of waiting.  It will take 90 to 120 days to get an initial decision on your application.   Expect a potentially negative decision.  In Alabama, about 71 percent of applications for disability are denied.  This is true in most other states, too. Expect to file an appeal and wait up to 12 additional months to appear before a US Administrative Law Judge to get your next decision--which has better odds of being a favorable decision, incidentally. Be prepared to deal with a massive federal government agency that is up to its ears in rules, regulations, forms and red tape.  Persistence is key to winning Social Security disability. The old adage, "If at first you don't succeed, try, try again..." has never been better used than with Social Security disability or SSI. My firm will be happ...

What to do if you undergo a continuing disability review by Social Security and receive notice that your benefits are being terminated: Immediately write a letter to your local Social Security office.  Include your name, address and Social Security number on the letter.  State two things in the letter: (1) I disagree with your decision to stop my benefits and I want to appeal. (2) I want to continue to receive my regular benefits pending the outcome of the appeal.*  (If you lose the appeal, Social Security will want this money back). Sign the letter.  If possible, deliver it or have someone deliver it to the Social Security office.  Get them to make a copy of the letter and stamp it or sign it--as proof it was delivered to them.  If hand delivery is absolutely impossible, mail the letter via certified mail.  Keep a copy of the letter.  Ask the post office to send you a delivery confirmation showing the date the letter was delivered to Socia...

We frequently get calls about applying for short term disability benefits with Social Security.  Someone is having surgery or needs to take a few months off work for health reasons.  Can they apply for a few months of Social Security disability benefits? The short answer is, no.  Social Security, unfortunately, does not have a short term disability program.  One of their requirements is that you are going to be unable to work for 12 consecutive months or more.  If you expect to be going back to work in less than 12 months, you do not qualify for Social Security disability. We always advise people in this situation to look at the possibility of private disability insurance, perhaps offered through their employer.  Many companies have short term disability insurance that their employees may not be aware of.  Other companies offer paid sick leave. If your employer does not offer disability insurance, you may want to think about purchasing a policy f...

One of the most common questions we get about Social Security is, "How long will it take......."  How long does it take to get the first decision?  How long will the appeal take?  If I win my case, how long before I receive my check?  With these questions in mind, our advocates have answered as many of those questions as possible below.  Remember however, these answers are based on our experience and may vary in different parts of the country, or even from one office to another.  These are, after all, estimates, not promises. How long will it take to get a decision on my initial disability application?  Our experience has been 90 to 120 days.  Some sooner, some later.  By the way, be sure to appeal that decision if it is not favorable. How long does it take if I have to appeal?  We tell people in Alabama to expect at least 12 months.  If it gets done sooner, you'll be happy. After my hearing, how long before I get a decision?...

As a service too our readers, the Forsythe Firm is listing some of the telephone numbers for Social Security offices around North Alabama.  Loal offices now close to the public at 3:00 Central Time.   Some offices also close at noon on Wednesday.  Call before you visit. Athens, AL (served by the Decatur SSA office)    1-888-289-9185 717 McGlathery Lane, Decatur, AL 35601  1-888-289-9185 4970 Research Park Drive, Huntsville, AL 35805   1-866-593-0665 203 South Walnut Street  Florence, AL 35630 (256) 767-3138 412 Martling Road  Albertville, AL 35951 (256) 891-0672 501 The Mall Way, Jasper, AL 35504 1-205-221-6463 Scottsboro, Al (served by the Huntsville AL SSA office) (See above number) Social Security's National Customer Service   1-800-771-1213 (serves all areas) Social Security Disability Advocates The Forsythe Firm in Huntsville, AL Never a fee until you win and get paid! ...

There have been several changes in Social Security disability in recent years that will impact claims filed in 2013.  Obesity is no longer a distinct impairment.  A person cannot get benefits based solely on alcoholism or drug addiction.  Diabetes is not a qualifying condition unless it is uncontrolled and causes serious additional impairments. On the other, more positive side, Fibromyalgia can now be recognized as a disabling condition if it is severe.  Social Security has added more than 50 new diseases that qualify for compassionate allowance--an expedited approval process for certain catastrophic conditions.  Disabled veterans can now get expedited decisions on Social Security disability claims.  The administration also made some progress in catching up on the tremendous case backlog in the hearing offices.  We are again back to waiting around 11 months to get a hearing.  (It has been much longer).  However, the government shutdown in 2...