DISABILITY BENEFITS ASSISTANCE

When you get denied for Social Security disability benefits, you will appeal and ask to appear at a hearing.  There is typically an 18 to 24 month gap between the denial date and hearing date.  This gives you a lot of time, just waiting. There are things that should be done during these months.  Preparing for a successful hearing requires thought, planning and action--not just waiting. What are some things that need to be done now, so your hearing can be successful 18 months from now? Keep your medical records updated.  Periodically obtain your new medical records and submit them to the Social Security hearing office. Figure out the legal theory of your case.  In other words, how do the regulations support your claim of disability and how can Social Security pay you according to their rules ?  Are you disabled according to a Listing?  According to a grid rule?  By some other rule?  Get one of your treating doctors to complete a "Medical Source Statement," a

Disability strikes suddenly and often unexpectedly.  Individuals file for Social Security benefits, then panic when they learn that it can take 2 years or longer to get benefits started. Here are some painful but useful truths you need to know about Social Security disability.  Truth 1:  SSDI does not pay for the first full 5 months of a disability.  If you become disabled, for example, on 6/10/18, and are approved, your benefits are excluded from July through November.  This is called the "waiting period."  In this case, you would become eligible for a payment in November, but would not receive the check until December--because benefits are paid one month in the arrears. Truth 2:  It usually takes about 4 months just to get a decision on your disability application.  No benefits are paid during this time. Truth 3:  Social Security denies about 70 percent of all disability claims.  If this happens to you, it will require an additional 18 to 24 months for the appeal pr

You have a Social Security hearing coming up on your disability claim.  You approach your doctor about filling out a form to support your claim.  The doctor is busy but offers to write you a  brief letter, instead.  Here's what a typical doctor's letter might say: "Mr. Joe Claimant has been a patient of mine for over 20 years.  He suffers from back pain, migraine headaches, high cholesterol, high blood pressure and depression.  In my opinion, Mr. Claimant is not able to work and is fully disabled."  Signed [John M. Doctor, MD]. Why Social Security judges will probably ignore this letter? REASON # 1:  The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law ( 20 CFR 404.1527 ).  As odd as it sounds, doctors are not allowed to say whether or not you are disabled. REASON # 2:  The letter is very non-specific.  It mentions medical conditions but not the functional limitations caused by those conditions.  It does not est

Social Security judges seldom tell the claimant what their decision will be following the hearing.  But there are some indicators or signs that the hearing went well and may result in an award of benefits: SIGN 1:  The vocational expert testified that there are no jobs in the national economy that you are able to perform. SIGN 2:  The judge did not ask the vocational expert for any opinions about jobs.  While this might mean that the case is very weak and the judge is going to deny the claim without expert testimony, it more often means that the case is strong enough to be approved without vocational testimony.  This would especially be true if a Listing has been met. SIGN 3:  The judge enters a bench decision.  In this case, he or she actually tells you what the decision is and enters it into the record at the end of the hearing in the presence of the claimant and representative.  This removes all doubt. Bench decisions are only given for favorable decisions. The claimant may

Not everyone who thinks they are disabled can get Social Security disability benefits.  This is because the law is very strict and the requirements are very demanding.  Here is what I look for to know that a disability case is strong and has a good chance of success: The claimant's impairment is severe and makes it impossible to work 40 hours a week on a regular and dependable basis--at any job. Severe symptoms have lasted for at least 12 consecutive months or can be medically expected to last that long. There is good and current medical treatment with records showing when the impairment began and detailing the severe symptoms. The claimant has a stead employment history and would still be working if he/she were able to do so. BONUS POINTS ARE GIVEN IF.... The claimant is 50 years of age or older. A treating doctor will sign forms evaluating the claimant's ability to perform work related tasks. The claimant appears to meet one of Social Security's pub

I have never seen an adult disability hearing where Social Security didn't call a vocational expert (VE) to testify.  What's the importance of the vocational expert at hearings? The VE is there for two reasons: 1)  to classify the claimant's past work in terms of its skill level and exertion level.  As to skill, was the past work skilled, semi-skilled or unskilled?  As to exertion, was the past work sedentary, light, medium, heavy or very heavy? 2)  to answer the judge's hypothetical questions about whether the claimant is able to perform past relevant work OR any other work that is available in the national economy. If the VE testifies that the claimant is able to perform any one of his/her past jobs, the claim will be denied at Step 4 of the process.  If not, the case proceeds to Step 5. Step 5 considers this question:  Can the claimant perform any other work which exists in significant numbers in the national economy?  In other words, he cannot perform past

Social Security is quick to point out that you don't have to have a lawyer to file a disability claim.  But should you have a lawyer or advocate look at your claim?  Here's why I think you should. 1.  You must prove disability according to a complicated set of rules and regulations.  Trying to do that without any training or familiarity with the rules is hit or miss--mostly miss. 3.  You cannot examine or rebut Social Security's expert witnesses on your own.  They will call a vocational expert and possibly a medical expert to testify at your hearing.  Someone on your side must be able to cross examine and handle these experts, staying within the rules and regulations. 4.  No one at Social Security will take steps to help win your case or make sure you are not denied.  In fact, Social Security will deny over 70 percent of disability applications.  Are these the people you want to rely on to get your benefits? 5.  Be sure you qualify for the most back pay available. 

Social Security will pay you a disability benefit regardless of your need under the following conditions: 1.  You have worked enough at jobs covered by Social Security and earned enough work credits; 2.  You meet the medical requirements for disability. There is no limit to the claimant's financial resources for an SSDI claim.  A claimant may be rich or poor, but if the two requirements stated above are met, Social Security will pay the claim. SSDI is also referred to as "Title 2" by Social Security. SUPPLEMENTAL SECURITY INCOME (SSI) SSI is a very different program.  Although it is administered by the Social Security Administration, SSI is a needs based welfare program.  It requires no work history (no quarters of coverage) and it does restrict the claimant's income and financial resources.  Generally, an individual cannot have more than $2,000 in savings or cash to get SSI.  A couple cannot have more than $4,000. SSI is also called "Title 16"

This is a discussion of how to win a Social Security disability claim if you don't meet a Listing.  First, what is a Listing? Listings are impairments so severe that if you meet all of the established criteria, Social Security will agree to pay disability benefits.  The link below will take you to the published listings so you can get a glimpse of how complicated they are: SOCIAL SECURITY LISTINGS (HERE) Very few claimants will meet or equal the criteria for a Listing.  Of all the disability claims that get approved, probably less than 10 percent actually meet one of the Listings. HOW TO GET APPROVED IF YOU DO NOT MEET A LISTING: You have to prove that your impairment, or combination of impairments, prevent you from being able to do full-time work, which Social Security calls "substantial gainful activity" or SGA.  We should divide claimants into two categories, based on their age at the time of disability: Claimants Under Age 50:   Must prove that you are not

A lot of people think of Social Security benefits as "small potatoes."  But I recently had a client who collected almost $100,000 in Social Security back pay--all in a lump sum settlement.  And this client will get over $2,000 a month in continuing benefits. This is certainly a life-changing benefit.  The client gets to keep his home, can keep his car, pay off all his debts and have money for a decent lifestyle.  His quality of life just took an atmospheric climb! Was it a long, difficult road to get there?  You bet it was.  This case was denied twice, at least once because of a technical error in the application the claimant had filed himself.  The case was under appeal for several years.  However, one look at the claimant's medical history showed beyond doubt that he was disabled and should have got disability benefits years ago.  Persistence and hard work finally paid off. This individual had paid Social Security taxes (FICA) for over 30 years.  The Government

Here are some very frequent questions we get about Social Security disability.  I have tried to give short, to-the-point answers. Q.  I am on disability and am only 54 years old.  Will my disability benefit increase when I get to full retirement age? A.  No.  The benefit you are getting for disability is the maximum benefit you would get at full retirement age.  The numbers are the same, so the benefit will not increase. Q.  I now receive about $900 per month in disability benefits.  If my condition worsens, can the monthly benefit be increased. A.  Unfortunately, no.  Social Security benefits do not increase because your condition gets worse. Q.  My husband is on Social Security disability and receives more than $2,000 per month.  I recently got approved for disability but my benefit is only $730 per month.  Why the big difference? A.  Benefits are based, primarily, on wage history.  How much money you earned and over how long a period.  If your husband's earnings were

Finding evidence to prove a Social Security disability claim is a challenge.  There are two types of medical evidence.  Each type has a role in proving that you are disabled according to the law. Objective Medical Evidence refers to things like imaging studies, laboratory tests, physical examinations and other signs.  This would include MRI or CT scans, laboratory results, EKG studies, doctor's examinations, etc. This type of evidence is included in most routine medical files that we get from doctors, hospital, clinics, etc. Opinion Evidence is quite different.  It is the doctor's professional opinion of how your illness, disease and symptoms limit your ability to work.  For example, if your doctor states that you are not able to lift more than 10 pounds and cannot stand longer than 15 minutes--that is opinion evidence.  This type of evidence is not found in routine medical records.  We have to go after it separately and it usually takes great effort to get.  It's lik

➡️͢͢Need Social Security disability but wondering if you qualify? Applied for disability but have been recently denied? Have a Social Security disability hearing coming up? If you answered YES to one or more of these questions, you need a free case review by a professional disability advocate who knows Social Security rules and regulations. If we represent you on a disability case..... We never charge for consultations. Pay no fees unless you win. Fees are withheld and paid by Social Security We attend the hearing with you/for you. We handle the paperwork and hassle of your claim The Forsythe Disability Firm 7027 Old Madison Pike NW - Suite 108 Huntsville, AL 35806 PH (256) 799-0297

How do you know if you have a strong Social Security disability claim?  Here are some sure fire signs.... 1)  Your doctor advised you to file for disability.  This means that you doctor believes you are no longer able to work.  He or she may help you with disability paperwork, which can help win your benefits. 2)  You have a long, solid work history.  3)  You are age 50 or older.  Young individuals may win disability benefits but those 50 and over have the best chance. 4)  Your past work was rather physically demanding.  The more exertional your past work was, the more likely you will be found unable to perform that work. SOME FACTS YOU NEED TO KNOW: a)  You cannot be working at "substantial gainful activity" when you file for disability. b)  Most disability claims will be denied and only paid if you appeal and get a hearing. c)  You may be able to receive back pay for the months you waited to have your appeal decided. d)  Attorneys or representatives cannot