SOCIAL SECURITY DISABILITY UPDATES

If a worker cannot maintain concentration, persistence and pace, he or she may be disabled and eligible for benefits. Social Security views work as the ability to sustain work like activity 8 hours per day, 5 days per week, or an equivalent schedule.  In addition, the worker must not be excessively off task, must not require additional rest breaks and must work at a fast enough pace to meet the job's demands. Concentration:  Most experts recognize that every worker will be off task about 5 to 9 percent of the time.  However, concentration can be decreased by pain, discomfort, anxiety, depression or other psychological factors.  When a worker is persistently off task 10 percent of the time or more, during an 8-hour workday, he may not be able to sustain work and would be legally disabled. Persistence:  The regulations consider full-time work to be 8 hours a day, 5 days a week or an equivalent schedule. (SSR 96.9(p)).  A person may be able ...

The Social Security disability system is a mess! If it worked like it should, you would not need a lawyer or advocate.  You could do it yourself....maybe.  But no more. Unrepresented clients (called "unrepped") are not taken seriously.  When you report for your hearing, the first thing the judge will do is offer to postpone until you find an attorney.  That should tell you something! Social Security has the most narrow definition of disability in the world.  It is so narrow, you can barely see light through it.  For most claimants, you have to convince SSA that you are not able to perform any type of work.  And you must produce doctor's records to prove it. You also have to prove the exact date upon which you became disabled.  And you need medical evidence to prove it. If you intend to collect back pay, you had better pay attention to things like:  Date Last Insured, Alleged Onset Date, Substantial Gainful Activity, and a lot more...

Veterans are covered by Social Security and may receive SSDI benefits in addition to VA benefits.  These benefits may begin even while the veteran is still an active member of the US armed forces, as long as the impairment prevents the ability to perform the job. Veterans who have a 100 percent VA disability rating may also qualify for expedited claims processing.  My office is often able to get such veterans approved in less than 4 months. As a veteran, you will need to meet the same basic requirements for disability benefits.  One of the reasons I like working with veterans is that they always have excellent medical records.  One thing the military does is keep medical records on everything--always very detailed.  This helps when you go to file an SSDI claim.

The duration rule simply states that you must have an impairment that has lasted, or can reasonably be expected to last, for 12 consecutive months to get Social Security disability.  And you can't piece together different impairments to meet the duration rule. For example, John had a car wreck that kept him out of work for 6 months while he recovered.  That doesn't meet the duration requirement.  However, as soon as he was well from the car wreck, he had to have unrelated surgery which kept him off work for an additional 7 months. Even though John was off work for a total of 13 months, he does not meet the duration requirement because of two separate impairments, neither of which lasted 12 months by itself. The duration rule does NOT mean that you must wait 12 months to file a claim.  If you have at least one impairment that is expected to last 12 months or longer, you may go ahead and file a claim immediately.  Your doctor should provide information that ...

WHAT IS SSDI?   SSDI stands for Social Security Disability Insurance. Since 1956, the US government has required most workers to contribute to a mandatory disability plan administered by the Social Security Administration.  Workers contribute approximately 7.5% of their income (listed as FICA tax on your pay stub) and employers match the amount.  The money goes into a trust account under each worker's Social Security number.  Then, if a disability occurs, the worker can apply for disability benefits. What Are Basic Requirements for Disability?   Assuming a person has worked long enough and recently enough to be covered, here are the basic rules for getting SSDI benefits: at least 1 severe impairment that is medically determinable (provable) the impairment will last a minimum of 12 consecutive months  the impairment is severe enough that the claimant has stopped working full-time What Steps Must You Take To Collect SSDI Benefits?   You ...

Are you out of work and disabled?  You need a Survival Guide.  Consider my website a Disability Survival Guide.  I attempt to answer questions that you must know the answers to.  After reading my website, you may still be confused about the complexity of Social Security disability.  If so, please call me.  (256) 799-0297.  There is no charge or obligation for this phone call. My website provides answers to many common questions about Social Security Disability benefits.  Take advantage of what we know, our experience and expertise to save time and work and move more quickly to getting your benefits. Simply by filling out a few lines on our CONTACT US form (at our homepage, this website), one of our partners (yes partner) will review your information confidentially and contact you with a free case evaluation.  We'll tell you how to get started, what pitfalls to avoid, and what you need to do.  And your consultation is absolutely ...

You decide to represent yourself in your Social Security disability appeal.  What cost can you expect to pay out of pocket? The biggest cost will probably be purchasing medical records.  Yes, you will have to purchase all your medical records.  This is something your attorney/representative would do for you if you were represented.  But if you represent yourself, you pay for all records upfront. Most doctors, hospitals and other providers will charge a set fee, usually called a "retrieval fee" just to locate your records.  Then, they will charge you $1 per page for the first 25 pages, then 50 cents per page thereafter. So, let's say you have 175 pages of records with Dr. A.  You pay $17.50 as a retrieval fee.  Then you pay $25 for the first 25 pages.  Then you pay $75 for the remainder of the records.  Dr. A. has just charged you $117.50 for your records. Not too bad, you say.  But wait.  You must obtain records from every d...

As a service too our readers, the Forsythe Firm is listing some of the telephone numbers for Social Security offices around North Alabama.  Some offices 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) - Up to 45 minute wait times _______________________________________ Social Security Disability Advocates The Forsythe Firm in Huntsville, AL Never a fee until you win and get paid! ...

If you have applied for Social Security disability (SSD), they may send you to one of their contracted doctors for a consultative examination (CE).  These can be treacherous territory for the disability claimant.  Here are some of my concerns. The doctor may be part of a large practice that specializes in Social Security or employment medicine.  They may do little else except this type of exam.   While the doctor is supposed to spend at least 30 minutes with you during a CE, some of my clients report that the doctor saw them for only 5 or 10 minutes.  It can be a rush in, rush out scenario. Rarely is the doctor given instructions to perform any tests or X-rays.  He may be asked to evaluate your back pain by simply laying a stethoscope on your back or asking you some questions.  The doctor might have you bend over, do a leg raise test or some other quick check.  However, without at least an X-ray, he can tell very little about why your back h...

You are sick or injured and expect to be out of work for a year or more.  Your income has suddenly been shut off.  The panic sets in.  How will you support yourself and your family?   Unemployment benefits may come to mind.  But you are going to apply for Social Security disability benefits .   How will an application for unemployment benefits affect Social Security disability (SSDI)? Fundamentally, state unemployment insurance and Social Security disability insurance have different goals.  Social Security pays persons who are not able to work for long periods beca use of medical disability, while unemployment programs pay people who are able to work but just can't find work. UNEMPLOYMENT CHECKS - for persons who are able to work, are looking for work, but who can't find a job.  Th is benefit i s short-term.  It is expected that the individual will soon find a job and the unemployment checks will stop.  Persons who are disa...

Here are some cases that may help you to understand how Social Security Disability Insurance (SSDI) works. Names are fictional and are not the names of real clients. *ELLEN .  Ellen is 44 and began working right out of high school.  She began working in 1982 and worked until 2008.  Ellen was in a car wreck in July, 2016 which broke her back and left her unable to work.  She has excellent medical records to support that she is not able to work.  Can Ellen get SSDI benefits?  Unfortunately, she cannot.  While she is disabled, Ellen's disability benefits expired on 12/31/14.  This is her Date Last Insured.  Disability insurance lasts only 5 years after a person stops working, then it disappears. Since Ellen last paid into the Social Security trust fund in 2008, her disability insurance with Social Security ended on 12/31/14.  She may be eligible for a smaller benefit under SSI if her household income is low enough. JOSHUA .  Jos...

The Forsythe Firm (256) 799-0297 WHAT IS SSDI?   SSDI stands for Social Security Disability Insurance. Since 1956, the US government has required most workers to contribute to a mandatory disability plan administered by the Social Security Administration.  Workers contribute approximately 7.5% of their income (listed as FICA tax on your pay stub) and employers match the amount.  The money goes into a trust account under each worker's Social Security number.  Then, if a disability occurs, the worker can apply for disability benefits. What Are Basic Requirements for Disability?   Assuming a person has worked long enough and recently enough to be covered, here are the basic rules for getting SSDI benefits: at least 1 severe impairment that is medically determinable (provable) the impairment will last a minimum of 12 consecutive months  the impairment is severe enough that the claimant has stopped working full-time What Steps Must You Take To Collec...

Getting approved for Social Security disability benefits is a unique combination of skill, luck and persistence. Skill in that someone has to prepare the case for appeal before an administrative law judge.  The person preparing the case must understand, at minimum, the five sequential steps in the evaluation process.  The case won't go to step 2 until it passes step 1, etc. Legally admissible evidence has to be presented and that evidence should be compelling.  Social Security will, honestly, be looking at ways to deny the claim or appeal.  So, skill is required to develop and present a potentially winning case. Luck, in that there are things you cannot control.  One example, you cannot control which judge hears your case.  Award rates vary widely from judge to judge. If you get a judge who approves 65 percent of her cases, your odds are pretty good.  If you get a judge who only approves 15 pe rcent, your odds are not so good.  Judg...

Some important terms stand out in Social Security disability regulations.   Here is what they mean. Alleged Onset Date (AOD) .   This is the date the claimant alleges to have first become disabled.   If it becomes the Established Onset Date (EOD), meaning that the Social Security Administration agrees that the claimant did indeed become disabled on that date, benefits may be paid back to that date.   So the AOD/EOD affects how many months of back pay or past due benefits the claimant is entitled to receive. Waiting Period .   The waiting period for all Title 2 (regular disability) claims is 5 full calendar months.   This is really an elimination period.   5 months of benefits will be subtracted from the Established Onset Date.   For example, if you are found to have become disabled on March 15 th , your waiting period will include the months of April –August and your first benefit payment eligibility will be for the month of Septemb...

The Social Security disability program is really a government-sponsored disability insurance program.  You get covered by working and having Social Security (FICA) taxes deducted from your pay.  However, you are not immediately insured when you begin working and you may stop being insured after you stop working. A "quarter of coverage" is the basic unit used to determine whether a worker is insured under the Social Security disability program, or Title II. Most adults, depending on age, need 20 quarters of coverage to be covered by Social Security. So, what is a "quarter of coverage"?  You will hear these informally called "Social Security credits,"  or "work credits," too.  Until 1978, a "quarter of coverage" was awarded to workers who earned $50 or more in a calendar quarter.  After 1978, the amount of wages required to earn one quarter of coverage changed automatically each year based on the National Average Wage Index. In 2...

The Social Security Act provides benefits for long term disability.  It does not provide benefits for unemployment or the inability to get a job.   Here are some examples of employment problems which have nothing to do with disability or Social Security:  Nobody will hire me. My job skills are ancient. The economy has tanked. The jobs I used to do have now moved to Mexico or overseas. The jobs I could once do are now done by machines. There are no jobs in my field (or in my hometown, etc.) The above statements have nothing to do with Social Security and will never result in a Social Security benefit.  They are not disability issues, they are unemployment issues. We need to focus on why you are disabled, not why you can't get a job. We have to focus on specific limitations in the ability to perform work related activity.  These limitations, for example, could include a restriction in the ability to: sit for prolonged periods stand/w...

It's a well known fact that around 7 0 percent of disability claims are initially denied by Social Security.   So, what do you do?  Do you just keep applying and reapplying again and again? No.  That is not the best way to approach winning disability.   Once you have been denied,  it is probable that you will be denied over and over.  The same decision makers will look at the same evidence and make the same decision.  That type of movement gets you nowhere but eats up a lot of time while the bills keep piling up. Usually, it is much better to appeal the denial and kick the case on up the chain of command to a higher level.  In Alabama, that means asking for a hearing before an administrative law judge (ALJ).  The ALJ is not bound by any previous decisions and can give you a totally new decision if the evidence justifies it.  Many of the denied cases get paid when an ALJ gets involved. Contact the Forsythe Firm in Huntsv...

Many people are lured into a false sense of security by their experience with Social Security retirement claims.  With a retirement claim, it is very straight forward.  You apply for benefits and if you are old enough a check begins arriving each month. Social Security disability benefits are not nearly as simple.  That is because the eligibility rules are much more complex with the disability program.  Before you can receive a disability benefit you must prove that you are disabled using objective medical evidence provided by acceptable medical sources.  Therein lies the challenge. You must prove that you have a physical and/or mental impairment which produces symptoms so severe that you cannot perform any of your past relevant work or any other work which exists in significant numbers in the national economy.  This is not at all cut and dried but is open to a great deal of interpretation by Social Security decision makers. What typica...

If you are age 50 or over, you may qualify for Social Security benefits for any physical or mental condition which prevents you from full-time work. Yes, younger individuals may also qualify.  However, Social Security uses Medical-Vocational Guidelines which relax the requirements somewhat for persons age 50 and over. In addition to your age, other factors include your past work experience and education.  But being age 50 or more is the greatest single advantage a claimant has in being approved for Social Security benefits. The Forsythe Firm will provide you with a free case evaluation and local consultation.  If we represent you, you will never pay a fee until you get benefits with back payments.  If you do not win benefits you will never pay us a fee for any service we perform. Contact us at (256) 799-0297.  We're located across from Bridge Street.