CONCENTRATION, PERSISTENCE AND PACE (CPC) ISSUES

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.   

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.
     

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

• Twitter (twitter.com/socialsecurity);
• Facebook (www.facebook.com/socialsecurity); and
• our social media hub (www.socialsecurity.gov/socialmedia)

And you can always access www.socialsecurity.gov for detailed program and benefit information. 

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.

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.

DON'T DEPEND ON SOCIAL SECURITY'S DOCTOR!

What does the Social Security doctor look like?

        ​​MLXL

 

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.

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

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.

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.

ADVICE FOR DEALING WITH SOCIAL SECURITY

If you have a disability claim pending before the Social Security Administration, be prepared for a long, slow ride.  Some advice that may help you deal with the government follow:

• Submit everything in writing.  Telephone calls count for absolutely zero.  Put it in writing, keep a copy and verify that SSA has received it.
• SSA is serious about deadlines.  Miss a deadline for an appeal, for instance, and your appeal is dead on the spot--dismissed.
• Find out what the government needs to approve your claim and give it to them (on their form if possible). 
• Social Security speaks to itself in its own language.  Learn the language if you can.  Terms like SGA, AOD or EOD are significant. Even simple words like frequently or occasonally don't mean what you think they mean.
• After a reasonable time period, check on your claim by calling the local Social Security office. (Yes, it's OK to call just to check, but not to file anything official).
• Realize that Social Security employees are not your advocates; they work for the government, not for you.  If you want or need someone to advocate for you, it will be necessary to get someone outside the Social Security Administration.

A hearing is where most disability claims get approved.  If your claim is denied, immediately kick it up the chain of command by filing an appeal.  An appeal means different things in different states.

In Alabama and 9 other states (called Prototype States), an appeal is a Request for Hearing Before an Administrative Law Judge.

In the other 40 states (Non-Prototype States), an appeal is a Request for Reconsideration.  The claim does not go to an administrative law judge in these 40 states; it stays with the Disability Determination Service (DDS), which will have a different person look at it (and probably deny it again).  Then, after the second denial, you can request a hearing before an administrative law judge.

What I want to emphasize here is this:  If you are denied, appeal right away.  If you get denied a second time, appeal immediately.  I don't expect many of my clients to be approved the first time.  The odds are better when they go before an administrative law judge.

FOR FREE EVALUATION OF A SOCIAL SECURITY DISABILITY CASE:

PHONE (256) 431-1599 OR (256) 799-0297

HOW TO OVERCOME VE TESTIMONY ABOUT "OTHER WORK"

If you are under age 50 and don't meet a Social Security "listing," you will be subjected to this test:  Does there exist any work in the national economy that you are able to perform, based on your age, education, previous work skills and residual function capacity?

In a majority of Social Security hearings, a vocational expert (VE) will testify that, yes, there are some unskilled jobs that you could perform at the sedentary or light exertion levels.  This is enough to cause a denial of disability benefits.

The claimant must overcome this view in order to prevail.  How do you do it?  I use a two-pronged strategy:

1)  I try to obtain from the claimant's doctor a medical source statement that specifies in detail the claimant's restrictions in certain work-related activities.  In short, I want the doctor to state in writing that the claimant can sit, stand or walk for only X number of minutes, can lift no more than X number of pounds, is restricted to sitting no more than X number of minutes at one time, etc.

2)  I use the restrictions in the medical source statement to question the vocational expert during the hearing.  For example, let's say the vocational expert (VE) testifies that my client can do the work of a pickle pusher, which is sedentary, unskilled work, requiring little lifting, standing, walking or bending.  I might ask the following questions, based on the medical source statement from the claimant's doctor:

"Mr. Expert, I want you to assume that the individual under discussion is able to sit for no more than 30 minutes at one time and no more than 4 hours in an 8-hour day.  Further assume that the person can stand and/or walk in combination no more than 2 hours per 8-hour day.  Assume, also that the individual would require all the regularly scheduled breaks plus 2 additional 20-minute breaks each day. Finally, please assume that the individual would be off task because of pain or other symptoms at least 15 percent of the work-day on a consistent basis.  With these restrictions, would there be any work available as a pickle pusher?

The obvious answer is, No, there would not.  Assuming that the medical record supports severe symptoms that would make these restrictions reasonable and credible, the case should be approved.

The point is:  In many cases, Social Security will concede that the claimant cannot perform any of his or her past work.  However, if any other work could be performed, the case may still be denied.  We must look for ways to prove that the claimant cannot perform any full-time work as it exists in the national economy (and as defined in the outdated Dictionary of Occupational Titles, which has not been updated in past quarter of a century).

42 PERCENT OF DISABILITY DENIALS ARE MISTAKES

It's a well known fact that Social Security denies more disability claims than it approves.  Here's what you may not know:

At least 42 percent of all denied claims are mistakes and can be corrected and paid!

A denied claim is not the final decision.  There's a very good chance that it is not the correct decision.

Social Security has a process of finding, correcting and paying claims that were denied in error.  It's called the appeal.

By appealing a denied claim, you kick it up the chain of command and it lands on the desk of an administrative law judge or ALJ.  The ALJ will review the entire body of evidence and give you an opportunity to appear personally before him/her to answer questions.  You may also submit new or additional evidence.  Your attorney or representative may appear with you and explain why your claim should be paid.  You may also claim past due benefits that were wrongfully denied.

There is a strict 60-day deadline to file an appeal.  My rule is, "Appeal now, talk later."

Q.  What if I can't get all my medical records within 60 days?

A.  You don't need to.  File the appeal right away.  You will have several months to submit medical records or other evidence--because your hearing won't be scheduled for months after you file.

Q.  What if I hire a representative to help me and I never get approved?  Will I owe thousands of dollars in legal bills?

A.  No.  It cannot happen.  Social Security regulates that fees that your attorney or representative can charge.  You may only be charged a fee if you win your claim and collect past due benefits.  Otherwise, you cannot be charged a fee, neither can you be charged for any expense the representative incurs in helping you.

Q.  Can't I simply represent myself in the appeal?

A.  Yes, of course.  But this puts you at a disadvantage because you will be the only non-professional involved in the process.  The judge is a pro, the vocational witness is a pro, the medical expert (if any) will be a pro.  Going in alone and unrepresented is not a good idea if you are serious about winning disability benefits and back pay.  It's a legal proceeding, complicated and technical, and you should have someone there who understands the issues and has experience in getting a favorable resolution.

My firm offers free consultations, help with every aspect of your appeal and we will attend the hearing as your representative.  If you win, Social Security will approve a small percentage of your back pay as our fee.  If you do not win, or if there is no back pay to be recovered, you will owe us nothing--now or ever.

PHONE (256) 799-0297   PHONE (256) 431-1599

VISIT WEB SITE FOR MORE FREE INFORMATION

 

 

NEARLY ONE-HALF OF SOCIAL SECURITY DENIALS ARE MISTAKES

In 2016, Social Security denied approximately two-thirds of all disability claims. But....

42 percent of those denials were made in error.  When a higher official reviewed the denials on appeal, 42 percent were approved and paid (usually with back pay).

A 42 percent error rate is substantial.  Here is what the numbers tell me:

Never assume that a denial of disability benefits by Social Security is the correct decision.  Never assume that it is the final decision.  It is probably not a correct decision and it most certainly is not the final decision.

How should denied claims be handled?  The answer is by an appeal.  When you appeal a Social Security denial, you kick it up the ladder to the desk of an administrative law judge (ALJ).  This ALJ will review all of the evidence, provide you with an opportunity to appear before him/her, submit new evidence and then give you an entirely new decision based on the hearing.  As I have stated, 42% of those hearings result in the denial being overturned and benefits being paid, often with back payments.  (42% is the national average).

So, an appeal of your denied claim is very worthwhile.  It is your best chance of getting disability benefits.  You must appeal a denied claim within 60 days.  This is a strict deadline.

The appeal process is a legal process--complex, confusing and challenging.  That's why hundreds of thousands of denied claimants turn to advocates to assist them with appeals.

The Forsythe Firm will provide you with a free evaluation of your case without obligation.  If you appoint us to represent you, an experienced and knowledgeable local advocate will guide your claim at every step.  There will never be a fee or cost to you until your claim is approved, paid and back pay is awarded.  If you are not approved, there is no charge, ever.

PHONE (256) 431-1599   PHONE (256) 799-0297



 

VETERANS ARE ENTITLED TO SOCIAL SECURITY DISABILITY

Veterans who served their country after 1955 and became disabled while on active duty, for any reason, are eligible for Social Security disability benefits.

Social Security disability benefits may be available to veterans in addition to VA disability payments.  Receiving VA benefits will not interfere with or reduce Social Security payments.

The process of applying and being approved for Social Security is separate, and quite different, from the VA disability process.  A VA disability, even if it is 100 percent, does not automatically qualify for Social Security disability (SSDI).  A separate application must be made to Social Security.

Unfortunately, the Social Security approval process is imperfect.  Many veterans who legally qualify for SSDI benefits are denied due to flaws in the system.  A very high percentage of these denied claims can be reviewed and approved on appeal.  Here are the keys to a successful appeal:

• Be sure to file the appeal within 60 days of the denial.
• If your VA disability is 100%, ask for an expedited hearing, which will save a long wait.
• Submit any medical evidence not already in your file at Social Security.  (Social Security will not obtain this evidence for you at the appeal stage; it is up to you or your representative to get it).
•  Consider getting a representative to guide you through the complicated appeal process.  It will increase your odds of being approved and may help you to get more back pay from Social Security.

The Forsythe Firm has a long history of assisting disabled veterans in obtaining Social Security disability benefits.  We do not charge a fee until you have been approved and back pay has been obtained.  If you do not get approved (or do not receive back payments), there is never a fee for any work we perform.

For a free consultation with an experienced local advocate who understands veterans and the Social Security disability process, please phone us here in Huntsville.

PHONE (256) 799-0297     PHONE (256) 431-1599

WHY GET AN ADVOCATE

advocate

noun ad·vo·cate \ˈad-və-kət, -ˌkāt\

 

DEFINITION - one who pleads, argues or speaks on behalf of another, particularly one who pleads for someone else before a tribunal or court.

 

An advocate is your personal legal representative.  In a Social Security disability dispute, there are two sides:  Social Security's and yours.  Social Security has denied your benefit.  Your advocate is there to help you get the benefit.

 

Your advocate takes your side in the matter, argues your case and shows why it is right, just and legal for you to receive benefits.

 

 

 

 

 

 

YOUR DISABILITY APPLICATION WAS APPROVED. WILL YOU GET PAID?

You apply for Social Security disability.  Your application goes to a state agency called the Disability Determination Service, or DDS for short.

If you are lucky enough to have your application approved, you may still not get benefits.  Here's why.

Those few applications that get approved will likely be help up and sent for a "quality review." A different examiner, in a different office, will  rake over your approved claim to be sure it wasn't approved by mistake!

That's right!  Social Security gets a second chance to deny your benefits--even after a disability examiner has approved the claim.

You won't know when your claim is "under quality review," because nobody will tell you.  You will just continue to wait and wait.

I am told that approximately 80 percent of favorable claims get "quality reviewed," while only about 20 percent of unfavorable claims (denials) get sent for quality reviews.

This sounds like DDS is perfectly happy to let a claimant get denied when he should be approved--but shudders at the idea of someone getting approved when he could have been denied.

Social Security's objective clearly seems to be:  If there's a way to deny a claim, we will find it.  If an application slips through the initial stage without being denied, we will re-examine it again to see if we can still deny it.  

Welcome to the Social Security mentality. 

Naturally, there are also other problems.  People do file claims who are obviously not disabled.  This usually is not an attempt at fraud, just a difference of opinion.  A person is entitled to believe that he is disabled and to file a claim.  Social Security is entitled to disagree and deny a claim.  

Many of the denials made by Social Security, however, are in error.  In 2016, at least 42 percent (almost one-half) of all denials were approved when reviewed or appealed at a higher level.  Most of these claimants were eventually given back pay to cover the months they should have been paid, but weren't.

When you get a denial letter from Social Security, never assume that it is the correct or final decision.

3 words describe what you should do if Social Security denies your claim:  

1.  Appeal   2.  Appeal   3.  Appeal

An advocate is a person knowledgeable and experienced with Social Security regulations, rules and procedures.  The advocate represents you before the Social Security Administration and fights for your legal rights, including payments and back payments.  An advocate will never charge you a fee until your claim has been approved and your back pay has been awarded.

For a free case consultation or answers to questions about a Social Security disability claim, please call the Forsythe Firm:

PHONE (256) 431-1599    PHONE (256) 799-0297

Contact Our Website - Tell Us About Your Disability 

THE FORSYTHE FIRM
Social Security Disability Advocates
"We Work for You!"
PHONE (256) 799-0297 or (256) 431-1599

We never charge a fee unless you win and receive back pay.

 CLICK HERE FOR MORE INFORMATION
 

 

I CAN WORK PART-TIME, OR SOMETIMES. AM I DISABLED?

The ability to work includes the ability to persist.  If you can only work part-time, you are disabled.  If you can only work sometimes--but you cannot persist, you are disabled under Social Security regulations.

Persistence is the ability to consistently perform work activity--

• 8 hours per day
• 5 days per week
• 52 weeks per year

Or an equivalent schedule.

The following would be examples of individuals who cannot persist, therefore, are legally disabled:

•  able to work a few hours a day but not 8 hours.
• can work a few days a week but not five days consistently.
• can work a few weeks at a time but then there is a flareup in symptoms which causes a week or two of absence from work.
• can work an 8 hour day but will require more breaks or other accommodations than are generally provided. *
• can usually stay at work for 8 hours a day, 5 days per week but is consistently off task more than 10% of the time due to pain, inability to concentrate, etc.

"Persistence" requires the ability to be dependable on the job, to report to work regularly, perform tasks for a full 8 hours (with only customary breaks) and complete work in a timely manner.  Consistent absences of more than about 1 day per month due to a medical condition would equal a disability.

*Employers customarily provide 2 fifteen minute breaks and a half-hour lunch break during each 8-hour shift.  If a worker consistently requires more rest time, or additional breaks, due to a medical condition, this probably constitutes a disability.  These allegations, however, must be proven with objective medical evidence.

THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
Phone (256) 799-0297
www.ForsytheFirm.com

IF I WORK, AM I COVERED BY SOCIAL SECURITY?

Social Security is a type of government sponsored INSURANCE.  Premiums are paid through payroll deductions.  On your pay check stub, you will notice a deduction for FICA tax.  FICA stands for Federal Insurance Contributions Act.  This is the Social Security and Medicare tax.

When you earn at least $1,260 in a calendar quarter (and pay FICA tax on those earnings), you earn 1 quarter of work credit, although the maximum numbers of quarters you may earn in a year is 4.  ($1,260 is the 2016 number).

The number of quarters of work needed to be insured vary, depending on age.  A person between the ages of 18-31 may be insured with only 6 work quarters.  As a person gets old, more quarters of work are needed.  From age 31 - 42, a person will need 20 to 30 quarters of work to be covered.  Generally, one-half of those quarters must have been earned within the 10 year period just prior to the onset of disability. 

Starting at age 41, a person needs 20 quarters of work, plus 1 quarter per year after age 41.  For example, at age 43, 21 quarters are required.  At age 44, 22 quarters are required, etc.  By age 62, 40 quarters of coverage are required.

Having the required quarters of coverage meets the administrative criteria to be "insured."  It does not qualify a person to receive a benefit, only to file an application.

To get benefits, the insured worker must also meet Social Security's medical criteria.  A claim must be filed and medical evidence must be presented to prove that the claimant's medical condition is so severe that full-time work cannot be sustained.

It is the medical proof that often causes claimants to be denied.  The denial letter usually states:  "You are not disabled according to Social Security rules." In simple language, this means that Social Security has concluded that

     (A)  The claimant can perform at least one of his past relevant jobs, or
     (B)   The claimant can perform some other type of work available in the national economy.

It is usually the MEDICAL DECISION that must be appealed.  An insured worker (who has enough work credits) is told that his condition is not so severe that it prevents some type of full-time work.

In an appeal, we will bring medical evidence before an administrative law judge (ALJ) and argue that Social Security has made an error.  We will argue that the medical evidence shows that the claimant's impairment is so severe that he cannot sustain full-time work.  We must use Social Security's own regulations to prove our case.  Thus, an advocate who KNOWS the regulations is essential to winning your case.

THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
www.ForsytheFirm.com

WHY A SOCIAL SECURITY HEARING IS SO IMPORTANT

Your Social Security disability hearing may be the most valuable 45 minutes you have ever spent.

The hearing is important because it is your best chance to be approved for Social Security disability benefits.

Only about 30 percent of claimants get approved without a hearing.  The rest are headed for a hearing where the approval rate is higher.  Here are some things that make a Social Security disability hearing so important to you:

1)  It is the first opportunity you are given to wit down face to face with a decision maker and explain your situation.
 
2)  You can present new evidence, such as medical records, letters of reference or witnesses.

3)  Your representative or attorney may appear with you and offer assistance, especially in addressing technical or legal matters that you may not be famililar with.

4)  Your case will receive much more personalized attention at the hearing than at any previous step of the determination process.

DISABILITY BENEFITS - BASIC INFORMATION YOU SHOULD KNOW

Definition of Disability:  One or more severe and medically determinable impairments which has lasted, or can reasonably be expected to last at least 12 consecutive months or end in death-- and which prevents you from performing full-time work activity.  You cannot receive any disability benefit if you are currently working at substantial gainful activity, no matter how severe your impairment is.

When Should You Apply for Disability?  You should apply as soon as you are diagnosed with a disabling condition which can reasonably be expected to last for a minimum of 12 consecutive months.  Note that Social Security does not provide a disability benefit for conditions lasting less than 12 months.

How Do You Apply?  If you are filing a regular SSDI claim, you may file online at www.socialsecurity.gov. Or you may contact a local Social Security office for assistance.  If you feel you need a representative, advocate or attorney to help you, you may contact someone to help you file your claim.

How Long Will a Decision Take?  The initial decision will typically take 3 to 4 months, sometimes longer.  Records have to be obtained from your treating doctors and other providers and this can take some time.

What if You Are Denied?  It is not uncommon to be denied.  In fact, over two-thirds of all applications that are filed in Alabama will be denied.  You have 60 days to file and appeal, which amounts to requesting a hearing before an administrative law judge.  An appeal is not the same as filing a new claim.  If you have questions about an appeal or how to present evidence for your appeal, you may wish to consider obtaining representation.

How Long Does the Appeal Take?  Getting a hearing can take 12 to 18 months.  For most claimants there is no way to get a quick appeal hearing.  Exceptions are made for certain disabled veterans and individuals with dire need.  The rules for dire need, however, are very restrictive.

Does Drug Addicton or Alcoholism Count as a Severe Impairment?  No, the Congress has made drug addiction and alcoholism ineligible for Social Security disability if they are the only impairments.  If a person has an unrelated (immaterial) impairment, he or she may still get disability in spite of drug addiction or alcoholism, as long as those conditions are not material to the other impairment(s).  For example, an individual who has brain cancer could be found disabled even if he is an alcoholic because alcoholism did not cause or contribute to the brain cancer.

What Does it Cost to Get a Representative or Attorney?  Representatives do not charge you a fee unless you win your claim and it results in the recovery of back pay or past due benefits.  In that event, a fee that you have already agreed to will be deducted from your back pay.  If you don't win, or don't receive any back pay, there is no fee due.

Is the Forsythe Firm Affiliated with Social Security or the US Government?  No.  The Forsythe Firm is a privately owned professional firm that represents claimants and works for claimants.  We are not affiliated with the Social Security Administration.

SOCIAL SECURITY DISABIILTY REPRESENTATION - HUNTSVILLE, AL

Navigating the Social Security disability process can be extremely time-consuming, confusing and overwhelming. Our firm provides empathetic, respectful, and personalized representation, thus giving our clients the necessary peace of mind that their case will be handled thoroughly with compassion and expertise. At their initial visit, our clients meet personally with an experienced Social Security advocate. 

From the initial phone call to the conclusion of their case, advocates are always available and willing to answer any questions or concerns.

We are paid only if you win your case--and only if you are able to collect back pay.  Otherwise, all our services are free.

To schedule an appointment, please call (256) 799-0297.