SOCIAL SECURITY DISABILITY UPDATES

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...

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...