SOCIAL SECURITY DISABILITY UPDATES

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...