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 to work some days, but not others. She might be able to work a few hours per day but not 8 hours. In cases where work is restricted to less than 8 hours per day, or less than 5 days per week, there is a problem with persistence. Also, if an individual requires extra breaks during the work day, this causes a problem with persistence. This is reason for a person to be considered disabled.
Pace: A worker must be able to maintain acceptable pace. That means that he or she must be able to work fast enough and with sufficient regularity to keep up with the demands of work. If the individual needs additional time to complete tasks, often cannot finish his/her work or requires excessive supervision to complete tasks, this may be a disability, provided it is the result of a documented physical and/or mental impairment.
A good attorney or representative will evaluate the claimant's ability in the areas of concentration, persistence and pace and will use the Social Security definitions and regulations to build a disability case based on a lack of these abilities. Your representative may also wish to question Social Security's vocational expert (present at most hearings) about C/P/P issues.
I often encounter claimants who can work a few hours a day but cannot "hold out" to work 8 hours. Some individuals can work 4 or 5 hours a day but then have to go home and rest. Some of my clients can even work most days; however, there are a few days out of the month that they cannot work because of pain, fatigue, emotional problems or a chronic exacerbation of other problems. The rule generally is that no more than 1 absence per month is permitted. These individuals fail the test for concentration, persistence and pace. They are disabled and they qualify for benefits under the regulations.
A Guide for Successful Social Security Disability Applications in Huntsville & N. Alabama. (256) 799-0297
Saturday, July 1, 2017
Friday, June 30, 2017
WHY IS MY DISABILITY CLAIM TAKING SO L-O-N-G?
We hearing comments like the following every day:
"I've heard nothing from Social Security in months. I desperately need my money. What's taking them so long?"
It's nothing short of a national crisis. It can easily take 24 months to get disability approved. Some claimants die waiting. It seems Social Security has no mercy.
The biggest problem is one of mathematics. Nationally, there are about 1,100,000 disability claims waiting for a hearing. There are only about 1,200 administrative law judges available to hear these cases. If you do the math, you see that a judge must average holding 917 hearings before he/she gets to your case. And on average, a judge will dispose of less than 3 cases per day.
So, a claimant needing a hearing will wait about 18 months to be scheduled. That's on top of the 4 months it took to get an application processed and denied.
It's a real mess and it's getting worse by the day.
I've always felt that the root of the problem lies in the application process. About 71 percent of applications get denied initially. Many of those claimants turn out to be legitimately disabled and entitled to benefits. Yet, the appeal (hearing) system is clogged up with claimants who should have been paid years ago and should not be waiting in line for a hearing.
The state agencies (called "Disability Determination Agencies" or DDS*) should do a better job of deciding who is qualified for benefits and who is not. I favor adding a face-to-face encounter, or interview, in the application phase of the process. There are other changes that could reduce the number of individuals who must wait on a judge to decide their case. Of course, some cases need to go before a judge, but not 70 percent of them.
As I've stated, this is nothing short of a national crisis. And contrary to what you've heard, it has little to do with fraud or abuse. It has to do with a system that cannot deliver on what it contracted with the American people to do back in 1956 when the Government mandated a national disability insurance plan and required every worker to participate.
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*DDS, according to the old lawyers' joke, stands for "Disability Denial Service." They deny over 7 out of 10 applications.
"I've heard nothing from Social Security in months. I desperately need my money. What's taking them so long?"
It's nothing short of a national crisis. It can easily take 24 months to get disability approved. Some claimants die waiting. It seems Social Security has no mercy.
The biggest problem is one of mathematics. Nationally, there are about 1,100,000 disability claims waiting for a hearing. There are only about 1,200 administrative law judges available to hear these cases. If you do the math, you see that a judge must average holding 917 hearings before he/she gets to your case. And on average, a judge will dispose of less than 3 cases per day.
So, a claimant needing a hearing will wait about 18 months to be scheduled. That's on top of the 4 months it took to get an application processed and denied.
It's a real mess and it's getting worse by the day.
I've always felt that the root of the problem lies in the application process. About 71 percent of applications get denied initially. Many of those claimants turn out to be legitimately disabled and entitled to benefits. Yet, the appeal (hearing) system is clogged up with claimants who should have been paid years ago and should not be waiting in line for a hearing.
The state agencies (called "Disability Determination Agencies" or DDS*) should do a better job of deciding who is qualified for benefits and who is not. I favor adding a face-to-face encounter, or interview, in the application phase of the process. There are other changes that could reduce the number of individuals who must wait on a judge to decide their case. Of course, some cases need to go before a judge, but not 70 percent of them.
As I've stated, this is nothing short of a national crisis. And contrary to what you've heard, it has little to do with fraud or abuse. It has to do with a system that cannot deliver on what it contracted with the American people to do back in 1956 when the Government mandated a national disability insurance plan and required every worker to participate.
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*DDS, according to the old lawyers' joke, stands for "Disability Denial Service." They deny over 7 out of 10 applications.
FIND SOCIAL SECURITY ON SOCIAL MEDIA
It used to be that Twitter and Facebook were entertaining sidelines. Now, they are an integral part of most people's daily lives. Social Security has made it easier to use social media to connect with them. This can provide quick,easy information on their programs and benefits.
Connect with Social Security on
If you need help with a Social Security disability claim or appeal, please contact us at the Forsythe Firm. Phone us at (256) 799-0297. Find us on the web at www.forsythefirm.com
There's never a charge for our help until we get you approved and paid.
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The Forsythe Firm is a private professional firm, not affiliated with the Social Security Administration or the US Government. We work for you, our clients.
Connect with Social Security on
- Twitter (twitter.com/socialsecurity);
- Facebook (www.facebook.com/socialsecurity); and
- our social media hub (www.socialsecurity.gov/socialmedia)
If you need help with a Social Security disability claim or appeal, please contact us at the Forsythe Firm. Phone us at (256) 799-0297. Find us on the web at www.forsythefirm.com
There's never a charge for our help until we get you approved and paid.
__________________
The Forsythe Firm is a private professional firm, not affiliated with the Social Security Administration or the US Government. We work for you, our clients.
Thursday, June 22, 2017
SEIZURES & DISABILITY BENEFITS
Epileptic seizures or epileptic-like seizures sometimes called "pseudo-seizures) can be disabling under Social Security's rules. These seizures are generally classified as convulsive or non-convulsive. The following are key considerations to being approved for seizures.
1) You must be under a doctor's care for your seizure disorder. Your doctor must be prescribing anti-seizure medication and monitoring your compliance with regular blood tests. The doctor must have an opportunity to change the medication or adjust the dosage to try to control the seizures.
2) You may get a benefit if you have been under a doctor's treatment for at least 90 days and are still experiencing at least one seizure per month.
Social Security may ask you to describe what happens during a seizure: loss of consciousness, falling, convulsing, tongue biting, urinary or bladder continence, etc.
I recommend that you try to keep a journal or diary which records the date of each seizure and have a family member or someone describe the seizures.
Basically, Social Security may pay benefits for a seizure disorder if the seizures cannot be controlled with medications and they significantly interfere with your ability to perform work activity on a full-time basis. Your doctor will have to provide medical evidence to support your claim.
1) You must be under a doctor's care for your seizure disorder. Your doctor must be prescribing anti-seizure medication and monitoring your compliance with regular blood tests. The doctor must have an opportunity to change the medication or adjust the dosage to try to control the seizures.
2) You may get a benefit if you have been under a doctor's treatment for at least 90 days and are still experiencing at least one seizure per month.
Social Security may ask you to describe what happens during a seizure: loss of consciousness, falling, convulsing, tongue biting, urinary or bladder continence, etc.
I recommend that you try to keep a journal or diary which records the date of each seizure and have a family member or someone describe the seizures.
Basically, Social Security may pay benefits for a seizure disorder if the seizures cannot be controlled with medications and they significantly interfere with your ability to perform work activity on a full-time basis. Your doctor will have to provide medical evidence to support your claim.
DON'T DEPEND ON SOCIAL SECURITY'S DOCTOR!
What does the Social Security doctor look like?
Well, maybe not. But this is how I picture him. He isn't going to help you get any benefits from Social Security if it's up to him!
These doctors perform "consultative exams" for Social Security. They seldom help your case because the usually report that you have no severe impairments that would prevent you from working. It's just what they do.
Social Security doctors often seem to have a severe bias against the disability program. They seem to believe that everyone can and should be working, no matter what.
You end up being examined by a Social Security doctor because you don't have much treatment history from your own doctor. It is much better if you see your doctor regularly. It is also best if you are able to see a specialist. For example, see a rheumatologist for arthritis, joint pain or fibromyalgia. See a cardiologist for heart problems. Visit an orthopedic specialist for back problems, etc.
I see a lot of clients who haven't been to their doctor in a long time. They believe that Social Security will send them to one of their doctors, then use that doctor's report to approve their benefits. I can't remember the last time I saw it work that way. Actually, I don't think I've ever seen it work that way.
My point is: Get examined by your own doctor if possible. If you don't presently have a doctor, try to find one and establish care. Your health will probably benefit and when it comes to a disability claim, you will be better off.
Wednesday, June 7, 2017
WHY CLIENTS RATE US NUMBER ONE DISABIITY ADVOCATES
Why do our clients consistently rank us the Number One disability advocacy firm in Alabama? That's a high honor and one we work hard to keep.
1. We offer personal, individual service. To us, you will never be a Social Security number or a faceless file. It's about your needs, your case and your situation.
2. The Forsythe Firm is a full-service advocacy firm. We handle everything from helping file the initial claim, to administrative appeals and Appeals Council reviews.
3. We only work on Social Security problems. Unlike many firms, we don't concern ourselves with matters outside of Social Security disability. It isn't a sideline with us, it's our only job.
4. Our firm is here for you all the time. You will have your advocate's personal cell phone number. He will answer the phone personally. Your calls will get returned.
5. We will put forth maximum effort to win your claim and get you paid so you can get on with your life. Disability is a life changing event but we can make it easier to deal with.
Come see why the Forsythe Firm is consistently ranked as the Number 1 disability advocate firm in Alabama. Call us for free information or to schedule a no cost/no obligation appointment right here in Huntsville. (256) 799-0297
Monday, May 29, 2017
Can YOU Get YOUR Social Security Disabiity Benefits?
Can YOU get YOUR Social Security disability benefits? Let's get personal about your chances. We read a lot of technical stuff about SSDI claims, how difficult they can be, and various tactics to get approved. But what about YOUR odds? It depends on several factors:
1) AGE plays an important part. While young persons do often get approved if they have a severe impairment, it's true that persons age 50 and over are more likely to be approved.
2) WHY YOU STOPPED WORKING is crucial. If you have a long, steady employment history and stopped working because of medical problems, it helps you chances. However, if you stopped working for some other reason (laid off, plant closed, lost your transportation, stayed home to take care of a family member, etc.) -- that is not a disability and may hurt your claim.
3) OBJECTIVE MEDICAL EVIDENCE. Have you recently seen doctors and had your illness or injury evaluated? Do the medical records show a history of following medical advice without substantial improvement? Have you seen a specialist, who would likely be given more weight than a family practitioner? Are there tests: X-ray, MRI, CT Scan, laboratory workups, etc. to define your diagnosis?
4) OPINION EVIDENCE. Will your doctor provide you with a detailed written statement about your limitations in performing work-like activities, such as sitting, standing, walking, bending, lifting, reaching, etc. Called a 'medical source statement' or 'treating source statement,' these doctor's opinions can sway a decision in your favor as quickly as anything else, IF supported by objective medical evidence (above).
5) EDUCATION is a factor. Not the most important factor, but a factor. The less formal education, the less likely you are to be able to perform a job, especially a skilled or semi-skilled job in today's high tech market. If you are limited to unskilled work, it doesn't guarantee approval but it may help your chances.
OTHER IMPORTANT CONSIDERATIONS:
DATE LAST INSURED (DLI)? Have you worked recently enough to have "insured status" for Title 2 Benefits? Usually, if you stopped working more than 5 years ago, you are no longer covered by SSDI because you have not paid into the Social Security fund. Check this out with your local Social Security field office. If your "date last insured" has already passed, you must prove that you became disabled prior to the DLI.
ARE YOU NOW WORKING? If you work and earn wages, tips, commissions or self-employment income of at least $1,170 per month* (gross), you are disqualified from receiving Social Security benefits. If you work part-time and earn less than $1,170 per month, you may still have a claim. Social Security has a record of all your wages from the first day you worked until now. Note: Only wages (work income) is counted. Income from things like pensions, disability plans, rental property, savings, investments, etc. do not disqualify you, only working.
DO YOU MEET THE DURATION REQUIREMENT? A disabling condition must have lasted, or be expected to last, for at least 12 consecutive months. If not, it isn't covered.
DO YOU MEET THE DURATION REQUIREMENT? A disabling condition must have lasted, or be expected to last, for at least 12 consecutive months. If not, it isn't covered.
The best person to evaluate YOUR personal claim is a licensed attorney or non-attorney advocate who deals with Social Security disability on a daily basis. These individuals attend hundreds of hearings before various judges and understand the technical requirements of the Social Security regulations. They will provide you with a free consultation and claim evaluation with no obligation, and will charge you a fee only if you (a) contract with them to represent you, (b) win your case, and (c) collect past due benefits payable in a lump sum in addition to your monthly benefit. If you do not recover past due benefits, no representative's fee is due. For a free claims evaluation, contact the Forsythe Firm at (256) 799-0297.
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*The $1,170 figure is for non-blind individuals in 2017. The number changes year to year (gets higher). Blind individuals have a higher number. This number refers to what Social Security calls "substantial gainful activity." You are working at substantial gainful activity if you earn this much in 2017.
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