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Social Security disability is just like any other insurance policy:  it denies more claims than it pays.  You must prove that you are disabled under the specific terms and conditions of the policy; in this case, under the Social Security regulations. Most initial claims are denied under Step 5.  Basically, you are not able to perform your past work but you can perform some other work. So, what to do?  The first thing is to file for "Reconsideration."  You have only 60 days to do this.  Ask Social Security to reconsider their decision. Be prepared for another denial.  At least 90 percent of these appeals will also be denials.  So, what to do? File another appeal and request a hearing before a US Administrative Law Judge (ALJ).  At this stage, your claim is more likely to be approved. It will take a few months to get to the hearing. You are always better off to bring a lawyer with you to the hearing.  In fact, if you show up unrepresented,...

There are 3 specific approaches to winning Social Security disability benefits.  Space doesn't permit an exhaustive treatment here, but I will give the 3 general ways to approach a claim: 1.  Meet or Equal a Listing.  Very few claimants can win this way because the Listings are so strict and require very severe symptoms.  But claimant with severe or catastrophic medical conditions need to look at the Listings.  If you can meet a Listing, you are automatically approved. 2.  Be disabled under the framework of a Medical-Vocational Guideline, also called "grid rules."  These rules sometimes work for individuals who are at least 50 years of age.  They most often work for claimants who do not have any sedentary (sit down) work in their employment history, have no transferable skills and no qualifications to perform skilled work. 3.  Prove that you cannot perform any  full-time work which exists in the national economy. Number 3 obviously is th...

Here are a few of the  MYTHS about Social Security disabiliy. MYTH:  Social Security denies everyone the first time. TRUTH:  About 70 percent of claims are denied at the application level (first stage).  These claims need to be appealed. MYTH:  If denied the best thing is to file a new application. TRUTH:  If denied it's best to appeal the denial and put the denial under review higher up.  More claims are won in the appeal process. MYTH:  My doctor can sign me up for disability? TRUTH:  Doctors cannot decide who gets a benefit.  They can only provide evidence that Social Security uses in making that decision. MYTH:  Everyone is covered by Social Security disability insurance. TRUTH:  Only persons who have worked long enough and recently enough are covered.  You need a certain number of work credits to have coverage. MYTH:  You can apply for SSDI while you are still working. TRUTH:  If you are working at a "substa...

If you are represented by counsel, preparing for a hearing is easy.  Your attorney/advocate will prepare the case for you, handling all the details.  He or she will collect all the evidence available, submit it, and brief it for the judge.  Your counsel will call you shortly before the hearing and prepare you to face the hearing.  Your representative will attend the hearing with you to handle problems or questions and generally to argue your case according to the rules and regulations of the Social Security Administration. However, if you are unrepresented, it is quite a different matter.  You should start preparing at least 6 months before the hearing date because there is a lot to do. Here are some of the things you need to well before your hearing date: Obtain and submit to the hearing office all of your medical records--from each and every doctor, clinic, hospital, counselor, therapist or other medical provider.  These must be submitted at least 5 busin...

Be very suspicious if you get a call from "Social Security" telling you that Your account has been suspended You are the victim of identity theft You may be entitled to more benefits There is some other problem with your Social Security card You need to send in a payment right now In almost 100 percent of the cases, this is NOT a call from Social Security; it's a scam call by a criminal.  The caller ID may indicate that it's a legitimate call but caller ID can be rigged by scammers to look real. If you have ongoing business with Social Security, they could call you.  Otherwise, they will not.  And here are things Social Security will NEVER do: Threaten you. Suspend your Social Security number. Demand immediate payment from you. Require payment by cash, gift card, pre-paid debit card, internet currency, or wire transfer. Ask for gift card numbers over the phone or to wire or mail cash. If the person calling you doesn't already know your Social Security number, it i...

The thing I hear most from my clients is the thought that they were hesitant to admit their own disability. "I've worked all my life, and it's hard for me to admit that I am now unable to work." "I delayed asking for disability payments because I couldn't admit that my working life was at an end after all these years." If you're facing these type of thoughts, you are not alone.  Admitting disability is the first step to facing the future.  It involves a definite emotional trauma that each person faces in his/her own way, and own time. My job as a disability advocate and counselor is to help my client explore options.  To look realistically at the situation and ask, "Is it time to apply for disability benefits?"  If so, how can I make less painful? I am the first to tell someone, "If you are able to keep working, that is probably your best option."  No one wants to be on disability if there's another alternative. But when the t...

CAN AN ATTORNEY OR DISABILITY ADVOCATE HELP YOU GET SOCIAL SECURITY BENEFITS? Professional representation may help you when.... 1.  The rules and application process are overwhelming or don't make sense. 2.  Your claim has been denied. 3.  You disagree with Social Security's decision. 4.  You have a hearing before an Administrative Law Judge. 5.  You want to receive maximum benefits you are entitled to. A representative won't cost you anything unless you win and receive back pay.  The representative's fee, which must be approved by Social Security, will be due only after your case has been won and you have been approved for back payments.  If you lose there is no attorney's fee. Also, you can appoint professional representation today with no money upfront and a free consultation. https://forsythefirm.wixsite.com/website _______________ The Forsyhe Firm 7027 Old Madison Pike NW, Suite 108 Huntsville, AL 35806 CALL (256) 799-0297 Serving Alabama and Tenn...

We usually think of Social Security Disability Insurance (SSDI) as a federal program.  But, as currently practiced, it is a joint program involving both the state and federal governments. Each of the 50 states has an office to process and make initial decisions on disability claims, whether SSDI or SSI.  These offices are generally called "the state agency," and will have official names like "The Disability Determination Service."  In Alabama, this agency is located in Birmingham. While your case is at the "state" or "agency" level, your medical records will be ordered and interpreted.  Someone will go over your past work record to analyze your past jobs for the most recent 15-year period.  Then, the state agency will make a determination whether or not you meet the rules for a disability benefit. This "application stage" usually takes 4 to 5 months. If you are approved, you will receive a letter stating that you qualify for disability ...

Most disability cases will wind up before a judge, just as a matter of routine.  It's not an exception, it's the rule.  In our practice, only about 1 case in 15 gets approved without a hearing, and I think that is about average with everyone these days. So, what will a judge look at, and what will it take to convince the judge that you qualify for a benefit (payment)? 1.  What Will the Judge Look At? A judge will look first at the technical issues of the case, to be that it fits the legal requirements of a Social Security disability claim. Does the claimant have insured status and when does it expire? Does the claimant have a severe condition that has lasted at least 12 consecutive months, is expected to last at least 12 straight months OR is expected to end in death? Is the alleged onset date (AOD) within the insured period for SSDI? 2.  Does the Claimant Meet Social Security's Definition of "Disabled"? There are many different definitions of "disability....

You may have heard it said that the 3 most important factors in a disability claim are age, age and age.  Why is being 50 or older so important? Because the rules change at age 50, that's why. Starting at age 50, the medical-vocational guidelines (grid rules) often make it easier to be approved.  Besides age, the rules will also consider:  education, past relevant work, transferable skills, and residual functional capacity. If the combined factors (listed above) line up, the grid rules may direct a finding that you are disabled and eligible for benefits. But the grid rules are moving targets.  If just ONE factor is against you, it may not work. So, you need age, education, past relevant work, transferable skills and residual functional capacity going for you. Who Determines Residual Functional Capacity (RFC)? Social Security determines your Residual Functional Capacity (RFC).  However, you may be able to influence this with information from your doctor. If you d...

Social Security uses the same rules but uses administrative changes to deny claims.  It gets harder and harder to get approved in Alabama. In the era of Cronovirus, you can't even walk into a Social Security office to apply for benefits.  You can still apply over the phone or online, however. Because of COVID-19 you cannot have a regular hearing if you are denied. The only hearing available to you is over the phone. The question is:  Can you still get Social Security disability in Alabama in 2020? The answer is:  Yes. If you have courage, persistence and dedication--you can still get benefits. Courage:  You must believe in your claim and take the necessary actions to get it approved, no matter how inconvenient it is. Persistence:  You must keep at it relentlessly, even after multiple denials.  Most claims are won on the third attempt .  Denied at application, denied at Reconsideration, approved at the hearing. Dedication:  Sometimes it takes ...

It's perfectly alright to represent yourself before Social Security.....if....you are well prepared and know what you are getting into. Here Are 6 Questions To Answer Before Appointing Yourself Representative On Your Own Case : 6.  What is Your Alleged Onset Date (AOD) ? Getting this wrong will cost you thousands of dollars in back pay and will delay the start of your Medicare coverage. It will also cost you money for every child or dependent eligible for benefits under your claim.  Also, is your alleged onset date legally feasible and defensible? 5.  What Was the Exertion Levels of All the Jobs You Held During the Last 15 Years?   At Step 4 of the hearing, you must prove that you cannot perform any of the full-time jobs you performed during the past 15 year period.  To do this, you need to understand their exertion levels according to the Dictionary of Occupational Titles (DOT).  Exertion levels are:  Sedentary, Light, Medium, Heavy, and Very Heavy....

Social Security has a very strict , narrow definition of "disability."  You are not disabled in their eyes because you think you are, or even because your doctor says you are.  Generally, your condition(s) must be so severe that you are not able to perform even the most basic of work-like activity for 8 hours per day.  This means you are not able to hold even a sedentary (sit down) minimum wage job. In addition to being severe, your condition(s) must last a minimum of 12 straight months OR be expected to last that long OR be expected to end in death. Looking at applications we've seen denied in the last year, here are the basic causes of denial in most cases: 1.  There Isn't Enough Hard Medical Evidence to Prove Disability. Statements that you make about your own medical condition or symptoms are called "allegations."  They are not considered evidence or proof.   Another term for these allegations is "subjective evidence."  Social Security believ...

Here are 3 Social Security mistakes that can cost you thousands of dollars, and they may continue to cost you money as long as you live. 1.  Filing for Early Retirement Instead of Filing for Disability. Perhaps you are forced to stop working because of medical conditions.  You are 62, so you can take early retirement with Social Security.  The problem is, at age 62 your retirement benefit will be reduced by about 30 percent and this reduction will follow you for as long as you live.  It does not increase when you reach full retirement age because it is "locked in" at the reduced amount.  A better alternative would be to file for Social Security disability which will give you a much higher benefit, now and later.  Of course, the disability benefit is harder to get because it isn't automatic.  So, why not apply for the early retirement if you need the money now and also apply for disability.  Yes, you can apply for both . Your early retirement ...

When you file for Social Security disability benefits, the application asks you when you first became unable to work.  Technically, they are asking when you first became unable to work at "substantial gainful activity" or SGA.  That means basically a full-time job OR earning at least $1,260 per month in gross wages (before tax). This date that you put on your application becomes the "Alleged Onset Date" or AOD.  It is vitally important because it controls when your disability pay starts and the total amount of your back pay. The onset date also controls when you become eligible for Medicare. The AOD also controls when your children or dependents begin to receive monthly payments! Putting the wrong date can cost you thousands and thousands of dollars. You want to take the claim back as far as you can.  However, you must not have been working at SGA level on the date of your alleged onset.  Generally, you cannot have worked at SGA level after the alleged onset dat...

When's the right time to apply for Social Security Disability, or SSDI? The general answer is:  "As soon as you stop working and are convinced that you will not become able to work again within the next 12 months." Some things to keep in mind: 1.  You can't apply for SSDI while you're still working.  If you have wages, salary, or self employment income of at least $1,260 per month (gross), you are barred from filing an application.  There are no exceptions. 2.  There is no such thing as working while you are "unable to work."  The federal law does not permit you to claim disability while working at substantial gainful activity , no matter what age you are or what your medical impairments are. 3.  Social Security requires that you be unable to work due to a medical impairment which has lasted for 12 straight months, is e xpected to last 12 straight months, OR to end in death.  There's no benefit for a short term disability (where you're ...

Social Security adopted the grid rules to streamline disability benefits for individuals who are at least 50 years old.  After 50, and especially starting at 55, the grids combine medical-vocational factors like age, education, past relevant work, transferable skills, and residual functional capacity to quickly determine if a claimant qualifies for disability benefits. These guidelines should often make hearings unnecessary and approve claimants of advanced age who can no longer perform their past work due to a medical impairment. However, Social Security too often ignores their own rules. We see the "state agencies," referring to the Disability Determination Service (DDS) of the state, deny claims that should have been paid.  When this happens, a hearing is inevitable and benefits are delayed for months, sometimes years, while we fight the government in court. It's my experience that sometimes the state examiner just ignored the grid rules.  But it is more likely that a ...

When you apply for Social Security disability, the Disability Determination Service (DDS) will mail you some additional forms to complete and return. One of those forms will be a Work History Report .  This report will ask for a history of your past work over the last 15 years.  Frankly, this form is one of the most complicated and confusing that you will encounter. There is an entire page devoted to each one  of your past jobs.  You will be asked to describe what you did in the job.  You will be asked to estimate how much you lifted frequently and as a maximum.  You will estimate how much you sat, stood, walked, reached, handled, crouched, stooped, crawled, handled, etc.  These functions are to be estimated by the number of hours you performed each function. Why in the world does Social Security need this level of detail?  Why can't you just ignore this form, or skip over the details?  Here's why: Social Security is trying to determine if yo...

While any severe condition may qualify for disability benefits, there is a list of conditions, along with symptoms, called the Listings.  If all of these conditions are met, there is usually a favorable case. Let me caution you that only a fraction of disability claimants will meet all of the conditions in the Listing.  Most claimants will take a more general approach to getting benefits approved:  Proving their combined non-listing level impairments make them unable to perform either their past relevant work OR any other work. You begin with filing a complicated Social Security disability application, either online or at your Social Security office.  You provide names, addresses and phone numbers of all your medical providers, so Social Security can obtain the records.  You will also give your detailed work history. About 7 out of 10 claimants will be denied initially.  You will ask for "Reconsideration."  This is your first appeal.  It is a pape...

Social Security Disability Insurance (SSDI) is a a federal program with very explicit, very strict rules you must meet to qualify for a benefit.  The 2 most important factors to get qualified are: Being able to prove your case with acceptable evidence, both medical and vocational. Being able to prove disability on the basis of the rules, regulations, and requirements outlined by the Social Security Administration in the 20 Code of Federal Regulations and the Social Security Act. Proof requires a lot more than "telling your story."  Every claimant feels that they are disabled and should get Social Security benefits.  Yet, Social Security will agree in only about 25 percent of cases.  The other 75 percent will have to wade through difficult appeals and hearings. The most important proof is medical proof.  Medical proof consists of 2 kinds of evidence: (1) Objective medical findings obtained from examinations, laboratory studies, X-rays, MRI or CT scans or other st...