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).
A Guide for Successful Social Security Disability Applications in Huntsville & N. Alabama. (256) 799-0297
Tuesday, February 28, 2017
Saturday, February 25, 2017
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:
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.
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
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
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:
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
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.
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
Saturday, February 18, 2017
WHY GET AN ADVOCATE
advocate
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.
Thursday, February 16, 2017
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.
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
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
Friday, February 10, 2017
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--
The following would be examples of individuals who cannot persist, therefore, are legally disabled:
*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
Persistence is the ability to consistently perform work activity--
- 8 hours per day
- 5 days per week
- 52 weeks per year
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.
*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
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
Tuesday, February 7, 2017
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.
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.
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