Unfortunately, almost 3 out of 4 Social Security disability claims get denied at the initial application level. There must be a reason for this high denial rate.
One of the reasons for denials is an incomplete application. If you submit an application online, that's just the beginning. The state agency that will decide your eligibility will mail you 3 or 4 sets of additional forms. These forms must also be completed and mailed back. Failure to do so will absolutely harm your chance of approval. Without your information, Social Security will make a decision based on what they have and this is often a denial.
Inaccurate information is another cause of denial. A good example is the Function Report, one of those forms that will come in the mail after you file online or in the Social Security office. The Function Report will ask about your ability to perform routine daily activities. I see questions on this form answered with "OK," or "NA," or just left blank. This leads decision makers to believe that you have no real limitations in your daily activities, so they assume you are not disabled.
The Work History Report is another example. Many claimants simply write down the names of all the places they have worked. Nothing else. They don't describe the work they did, the wages they earned, how much they lifted on the job, or how much standing and walking they did. This leaves Social Security free to assume that you performed the job "by the book," that is, by the standards in the Dictionary of Occupational Titles. This is often a problem.
Sometimes, even medical records are not complete. I have seen claimants omit the names and addresses of doctors who have treated them for years. Some claimants assume that since Social Security is "the government," they know everything and somehow they can conjure up medical records. They can't. They will only order the medical records you tell them about. If you don't list Dr. Goody on your application, then Dr. Goody's records don't get reviewed. This may get you denied. A denial will often take 2 to 3 years to correct in the appeal process.
I could go on and on.... There are so many mistakes that can be made in a Social Security disability application....
Many attorneys tell new claimants, "Go ahead and fill out the application, and call me if you get denied." While I appreciate that attorneys don't want to spend hours filling out all those forms, I also know that a poorly prepared application is just asking for a denial. If we accept your case for representation, we will personally sit down with you and help you complete all the required forms. I think this makes a big difference. And we don't charge a dime more than the guys who tell you to fill everything out for yourself.
Save time and money (your money)! Get professional help in preparing our initial SSDI application. It will not cost you a penny more but may make a big difference.
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
HELPING HONEST, HARD WORKING PEOPLE GET THE DISABILITY BENEFITS THEY DESERVE. WE WORK TO GET YOU MAXIMUM BENEFITS AS QUICKLY AS POSSIBLE. Phone (256) 799-0297.
Monday, January 22, 2018
Monday, January 15, 2018
SOCIAL SECURITY DISABIITY: DON'T DARE CALL IT 'WELFARE'
Let me be blount: Social Security disability is not welfare.
There are all kind of infantile articles floating around the web: "Social Security, the New Welfare" and "Social Security, America's Secret Welfare Program."
Being blount again, this is crap.
Here are 4 reasons why Social Security disability is NOT, and never has been, welfare:
1) You paid FICA tax every day you worked. FICA stands for "Federal Insurance Contribution Act." It's actually a Social Security tax. It came out of every paycheck you earned.
2) You were forced to purchase Social Security disability insurance (SSDI) by the US government. You were not given a choice. This is a government sponsored disability insurance plan, just like you would purchase from an insurance company. The only difference, it was mandatory--you were forced to buy it, no choice.
3) The Social Security program is self-financing. It is not paid for out of the general US treasury. FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund. When you become disabled, money comes out of the trust fund to pay your benefit. This is the same principle used by large insurance companies to offer benefits to their policyholders. When you get an SSDI benefit check, you are not spending government tax money.
4) You don't have to be poor or needy to get SSDI benefits because you worked for them and paid for them. There's no need to show low income, poverty or financial need to an SSDI benefit. If you meet the conditions of the contract the US Government forced upon you when you went to work, the benefits are yours--paid for and financed by you and your employer.
Why do I object to misinformed people who refer to Social Security as "welfare"? Because they slander the disabled individuals who purchased insurance against the eventuality of become disabled--just because they now dare to try to collect on that insurance, insurance they have been paying for most of their lives. They make it sound like these honest, hard working people are trying to get something for nothing. They may be trying to get something--but it sure isn't for nothing. Social Security applicants and beneficiaries should not have to feel ashamed or embarrassed for trying to collect on a Government insurance program they were forced to enroll in and pay for their entire working lives. It is not welfare. Stop calling it that!
There are all kind of infantile articles floating around the web: "Social Security, the New Welfare" and "Social Security, America's Secret Welfare Program."
Being blount again, this is crap.
Here are 4 reasons why Social Security disability is NOT, and never has been, welfare:
1) You paid FICA tax every day you worked. FICA stands for "Federal Insurance Contribution Act." It's actually a Social Security tax. It came out of every paycheck you earned.
2) You were forced to purchase Social Security disability insurance (SSDI) by the US government. You were not given a choice. This is a government sponsored disability insurance plan, just like you would purchase from an insurance company. The only difference, it was mandatory--you were forced to buy it, no choice.
3) The Social Security program is self-financing. It is not paid for out of the general US treasury. FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund. When you become disabled, money comes out of the trust fund to pay your benefit. This is the same principle used by large insurance companies to offer benefits to their policyholders. When you get an SSDI benefit check, you are not spending government tax money.
4) You don't have to be poor or needy to get SSDI benefits because you worked for them and paid for them. There's no need to show low income, poverty or financial need to an SSDI benefit. If you meet the conditions of the contract the US Government forced upon you when you went to work, the benefits are yours--paid for and financed by you and your employer.
Why do I object to misinformed people who refer to Social Security as "welfare"? Because they slander the disabled individuals who purchased insurance against the eventuality of become disabled--just because they now dare to try to collect on that insurance, insurance they have been paying for most of their lives. They make it sound like these honest, hard working people are trying to get something for nothing. They may be trying to get something--but it sure isn't for nothing. Social Security applicants and beneficiaries should not have to feel ashamed or embarrassed for trying to collect on a Government insurance program they were forced to enroll in and pay for their entire working lives. It is not welfare. Stop calling it that!
GOVERNMENT DISABILITY BENEFITS: DEFINITELY NOT WELFARE
It's unfortunate that so many people view Social Security disability benefits as a type of welfare. They are not.
Social Security disability benefits are insurance benefits financed by payroll deductions from every worker's earnings.
Here are the top 3 facts proving that Social Security disability (SSDI) benefits are definitely not welfare:
1) You paid FICA tax every day you worked. FICA stands for "Federal Insurance Contribution Act." It's actually a Social Security tax. It probably came out of every paycheck you earned during your whole working life. You paid about 7.5% and your employer matched that amount. That's about 15% of your wages, a lot of money. This money went into the Social Security disability trust fund.
2) You were forced to purchase Social Security disability insurance (SSDI) by the US government. You were not given a choice. This is a government sponsored disability insurance plan, just like you would purchase from an insurance company. The only difference, it was mandatory--you were forced to buy it, no choice.
3) Social Security benefits are NOT paid for out of the general US Treasury. When you become disabled, money comes out of the disability trust fund to pay your benefit. You paid this money into the trust fund out of every paycheck you earned. This is the same principle used by large insurance companies to offer benefits to their policyholders. When you get an SSDI benefit check, you are not spending government tax money. Disability benefits do not increase the national debt and do not result in higher taxes.
If you bought a disability insurance policy from State Farm and paid for it for 30 years, then became disabled, would you consider their payments to be "welfare"? Of course not.
If you need to file for Social Security disability, you should never feel like a charity case or that you are asking or a handout. You are only asking the Government to make good on the insurance contract they forced you to purchase when you reported for work at your first job! Nothing more, nothing less.
Social Security disability benefits are insurance benefits financed by payroll deductions from every worker's earnings.
Here are the top 3 facts proving that Social Security disability (SSDI) benefits are definitely not welfare:
1) You paid FICA tax every day you worked. FICA stands for "Federal Insurance Contribution Act." It's actually a Social Security tax. It probably came out of every paycheck you earned during your whole working life. You paid about 7.5% and your employer matched that amount. That's about 15% of your wages, a lot of money. This money went into the Social Security disability trust fund.
2) You were forced to purchase Social Security disability insurance (SSDI) by the US government. You were not given a choice. This is a government sponsored disability insurance plan, just like you would purchase from an insurance company. The only difference, it was mandatory--you were forced to buy it, no choice.
3) Social Security benefits are NOT paid for out of the general US Treasury. When you become disabled, money comes out of the disability trust fund to pay your benefit. You paid this money into the trust fund out of every paycheck you earned. This is the same principle used by large insurance companies to offer benefits to their policyholders. When you get an SSDI benefit check, you are not spending government tax money. Disability benefits do not increase the national debt and do not result in higher taxes.
If you bought a disability insurance policy from State Farm and paid for it for 30 years, then became disabled, would you consider their payments to be "welfare"? Of course not.
If you need to file for Social Security disability, you should never feel like a charity case or that you are asking or a handout. You are only asking the Government to make good on the insurance contract they forced you to purchase when you reported for work at your first job! Nothing more, nothing less.
Sunday, November 19, 2017
WINNING AN SSI CLAIM BUT GETTING NO PAY
It is possible to be found "disabled" by Social Security and yet not qualify for a check. How does this happen?
It can happen when a person files a claim for Supplemental Security Income or SSI. This is a welfare based program that has two requirements:
1. The claimant must be medically disabled or not able to work based on a medical condition. This is called the "medical requirement."
2. The second requirement is, the claimant must meet the financial resource, income and living arrangements required by SSI. This is called the "financial requirements."
Generally, an individual with more than $2,000 in resources will not qualify for SSI benefits. A couple with over $3,000 in resources will not qualify. In addition, there are strict limitations on household income. So, a person may meet the medical requirements (be disabled) but fail to meet the financial requirements.
These statements apply only to Supplemental Security Income or SSI, also called Title 16 benefits. They do not apply to Social Security disability benefits (SSDI), also called Title 2 benefits.
SSDI is a program based on the claimant's work record. He or she has worked and paid FICA tax into Social Security over the years, by payroll deduction, thus earning coverage under Title 2. There are no "financial requirements" for this person. However, persons filing for SSI have generally never worked, or have not worked enough to be covered by Title 2. They must meet both the medical and financial requirements established by SSI in order to get paid a benefit.
These programs are confusing and individuals often don't know which program they have filed under. The benefits are also very different. For example, the maximum benefit for SSI is $733 per month, while the maximum benefit for SSDI is over $2,600 per month. There is not waiting period for SSI, but SSDI does not pay for the first 5 months of disability. As I have already explained, there are income limits for SSI but not for SSDI.
If you have worked at least 5 out of the most recent 10 year period, then you want to file for SSDI. You only want to file for SSI if your work record won't support an SSDI claim--or in certain cases where the SSDI benefit will be very low (below $735 per month).
If you're confused by all this, seek out a representative or advocate who is qualified for Direct Payment of Fees by the Social Security Administration. He or she will be able to advise you on the best type of claim to file.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
It can happen when a person files a claim for Supplemental Security Income or SSI. This is a welfare based program that has two requirements:
1. The claimant must be medically disabled or not able to work based on a medical condition. This is called the "medical requirement."
2. The second requirement is, the claimant must meet the financial resource, income and living arrangements required by SSI. This is called the "financial requirements."
Generally, an individual with more than $2,000 in resources will not qualify for SSI benefits. A couple with over $3,000 in resources will not qualify. In addition, there are strict limitations on household income. So, a person may meet the medical requirements (be disabled) but fail to meet the financial requirements.
These statements apply only to Supplemental Security Income or SSI, also called Title 16 benefits. They do not apply to Social Security disability benefits (SSDI), also called Title 2 benefits.
SSDI is a program based on the claimant's work record. He or she has worked and paid FICA tax into Social Security over the years, by payroll deduction, thus earning coverage under Title 2. There are no "financial requirements" for this person. However, persons filing for SSI have generally never worked, or have not worked enough to be covered by Title 2. They must meet both the medical and financial requirements established by SSI in order to get paid a benefit.
These programs are confusing and individuals often don't know which program they have filed under. The benefits are also very different. For example, the maximum benefit for SSI is $733 per month, while the maximum benefit for SSDI is over $2,600 per month. There is not waiting period for SSI, but SSDI does not pay for the first 5 months of disability. As I have already explained, there are income limits for SSI but not for SSDI.
If you have worked at least 5 out of the most recent 10 year period, then you want to file for SSDI. You only want to file for SSI if your work record won't support an SSDI claim--or in certain cases where the SSDI benefit will be very low (below $735 per month).
If you're confused by all this, seek out a representative or advocate who is qualified for Direct Payment of Fees by the Social Security Administration. He or she will be able to advise you on the best type of claim to file.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
Saturday, November 18, 2017
WHERE IS YOUR DISABIITY REPRESENTATIVE LOCATED?
So, you have hired an attorney or advocate to represent you before Social Security? Where is he or she located?
If you don't know, you are not alone. Thousands of Social Security disability claimants have representatives, they just don't know where they are.
If you call one of those 800 numbers you see on late night TV commercials, you are probably calling Los Angeles, Las Vegas, New York or some city that is 2,000 miles from Huntsville. And they may never actually tell you where they are. One thing is for sure, you will never meet them.
I am not saying that all of those guys do a bad job. I'm asking, "Do you want someone handling your Social Security disability claim who is 2,000 miles away, whom you cannot hope to meet? Do you want to meet your representative for the first time a few minutes before your hearing begins?
Or do you want a qualified local representative who will meet with you face to face and handle your local claim from his local office? The Forsythe Firm is located at 7027 Old Madison Pike NW in Huntsville. We're directly across from Bridge Street. You will meet us on day one when you have your first appointment. Your local Forsythe Firm advocate will prepare your case, file your claim, keep your case updated, and handle any appeals or hearings that are needed. We will be available to speak to you, on the phone or in our office face to face. The representative who shows up at your hearing will be the same familiar person you have been dealing with all along.
There are a large number of reputable, well qualified attorney and non-attorney representatives in North Alabama. They maintain local offices, local phone numbers and they are familiar with local judges who decide Social Security claims. Of course, no judge will pay you just because he or she knows your representative! However, there is an advantage to knowing how the judge operates, what his or her preferences are and how they run their hearings.
I think there is a lot to be said for not going 2,000 miles away to do business. We'd love to work with you...right here at home.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
If you don't know, you are not alone. Thousands of Social Security disability claimants have representatives, they just don't know where they are.
If you call one of those 800 numbers you see on late night TV commercials, you are probably calling Los Angeles, Las Vegas, New York or some city that is 2,000 miles from Huntsville. And they may never actually tell you where they are. One thing is for sure, you will never meet them.
I am not saying that all of those guys do a bad job. I'm asking, "Do you want someone handling your Social Security disability claim who is 2,000 miles away, whom you cannot hope to meet? Do you want to meet your representative for the first time a few minutes before your hearing begins?
Or do you want a qualified local representative who will meet with you face to face and handle your local claim from his local office? The Forsythe Firm is located at 7027 Old Madison Pike NW in Huntsville. We're directly across from Bridge Street. You will meet us on day one when you have your first appointment. Your local Forsythe Firm advocate will prepare your case, file your claim, keep your case updated, and handle any appeals or hearings that are needed. We will be available to speak to you, on the phone or in our office face to face. The representative who shows up at your hearing will be the same familiar person you have been dealing with all along.
There are a large number of reputable, well qualified attorney and non-attorney representatives in North Alabama. They maintain local offices, local phone numbers and they are familiar with local judges who decide Social Security claims. Of course, no judge will pay you just because he or she knows your representative! However, there is an advantage to knowing how the judge operates, what his or her preferences are and how they run their hearings.
I think there is a lot to be said for not going 2,000 miles away to do business. We'd love to work with you...right here at home.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
Saturday, November 11, 2017
BENEFITS FOR CROHN'S OR INFLAMMATORY BOWEL DISEASES
There are problems for persons trying to work with an inflammatory bowel disease, such as Crohn's Disease or ulcerative colitis.
These conditions usually require very frequent breaks to use the restroom. In fact, a worker may require a restroom be available at all times on very short notice. This can be disruptive to the work process, cause excessive time off task and otherwise call for accommodations that the employer cannot meet.
Also, these bowel disorders may result in pain and medical treatment which will cause absences in excess of one or two days per month, the most generally allowed by employers.
When I argue for disability benefits based on inflammatory bowel disorders, I ask the court to consider issues of concentration, persistence and pace. How often will flareups occur? How much time will be required away from the work station? How many days will the claimant be absent each month? How would an employer deal with a worker's need to go to the restroom 6 or 8 times during an 8-hour shift?
In many cases, if the medical evidence shows a persistent and severe case of inflammatory bowel disease, the court will agree that it prevents full-time work on "a regular and consistent basis," which is the standard. Therefore, disability benefits will be awarded.
It is important, to note, however, that judges are not willing to just accept subjective complaints. They want medical evidence to support the claimant's statements and complaints. Letters from former employers, co-workers or supervisors that validate the allegations can also be very useful.
THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
These conditions usually require very frequent breaks to use the restroom. In fact, a worker may require a restroom be available at all times on very short notice. This can be disruptive to the work process, cause excessive time off task and otherwise call for accommodations that the employer cannot meet.
Also, these bowel disorders may result in pain and medical treatment which will cause absences in excess of one or two days per month, the most generally allowed by employers.
When I argue for disability benefits based on inflammatory bowel disorders, I ask the court to consider issues of concentration, persistence and pace. How often will flareups occur? How much time will be required away from the work station? How many days will the claimant be absent each month? How would an employer deal with a worker's need to go to the restroom 6 or 8 times during an 8-hour shift?
In many cases, if the medical evidence shows a persistent and severe case of inflammatory bowel disease, the court will agree that it prevents full-time work on "a regular and consistent basis," which is the standard. Therefore, disability benefits will be awarded.
It is important, to note, however, that judges are not willing to just accept subjective complaints. They want medical evidence to support the claimant's statements and complaints. Letters from former employers, co-workers or supervisors that validate the allegations can also be very useful.
THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
Sunday, November 5, 2017
CERVICALGIA AND LUMBAGO: ARE THEY DISABLILNG?
Cervicalgia and Lumbago might qualify for disability benefits but it's not as simple as that. First, let's define the terms.
Cervicalgia in the simplest terms is neck pain. It is caused by three things. One is gravity. Your head weighs about 10 pounds and holding it erect all day puts enormous strain on the upper spine. Another thing is muscle strain caused by overuse, such as gardening, yard work or sports. A third cause of cervicalgia is degenerative disc disease or arthritis.
Lumbago is a word for lower back pain that doesn't radiate to the hips, buttocks or down the legs. The reason for back pain may or may not be known. While it is easy to diagnose, treatment is not so easy.
Now for the question, is lumbago or cervicalgia disabling according to Social Security rules? The answer: only if it causes you such severe symptoms that you cannot work.
Here are some general observations from my years as a Social Security disability claimant's representative:
1) Social Security doesn't like to award benefits for subjective complaints of pain without objective medical findings which explain the cause of the pain. In other words, they want to know the underlying cause of pain. Is it degenerative disc disease, degenerative joint disease, a herniated disc, spinal canal or foraminal stenosis, etc. They will prefer to have imaging (X-rays, MRI or CT scan) to show the cause of pain. So, a claimant who says, "My back hurts a lot but I don't know why" has a very weak case.
2) Social Security will need to be convinced that the symptoms of pain could reasonably be produced by the impairments shown in the objective medical evidence. In other words, is it reasonable from a medical point of view that your medical condition would produce as much pain as you claim?
3) Social Security decision makers must evaluate how back or neck pain restricts certain work related functions: sitting,standing, walking, bending, lifting, reaching, etc. They must also determine the degree of restrictions. For example, can you sit, stand, walk, bend or reach on a constant, frequent or occasional basis?
4) Finally, the decision maker must determine how your restrictions impact the occupational base -- or ability to perform jobs which exist in the national economy. With your age, education, past work experience and residual functional capacity, are you restricted to sedentary, light, medium or heavy exertion levels? What type of jobs and how many jobs exist in the national economy for persons with these restrictions? There are generally two sets of guidelines:
A. Persons age 50 or over who cannot perform their past relevant work and would be limited to sedentary work are generally disabled. This may not be true for younger individuals.
B. Persons under age 50 ("younger individuals") may not be disabled, even if they are no longer able to perform any of their past work. They may be found able to perform "other jobs" which exist in the national economy. For instance, a 45 year-old individual who was once a construction worker may not be able to perform construction work any longer. However, if he can do the work of a garment folder, inspector or small parts assembler he will be found not disabled and not eligible for benefits.
It takes a great deal of knowledge and skill to piece together a scenario that finds a person qualified to receive benefits\ under the regulations. It's not as simple as presenting a medical record that shows complaints of neck pain or back pain. You must show severe symptoms (explained by tests and objective findings) which severely erode the occupational base. Then, if the judge is sympathetic, you may be awarded benefits.
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
FORSYTHE FIRM - SOCIAL SECURITY JUSTICE WEBSITE
Cervicalgia in the simplest terms is neck pain. It is caused by three things. One is gravity. Your head weighs about 10 pounds and holding it erect all day puts enormous strain on the upper spine. Another thing is muscle strain caused by overuse, such as gardening, yard work or sports. A third cause of cervicalgia is degenerative disc disease or arthritis.
Lumbago is a word for lower back pain that doesn't radiate to the hips, buttocks or down the legs. The reason for back pain may or may not be known. While it is easy to diagnose, treatment is not so easy.
Now for the question, is lumbago or cervicalgia disabling according to Social Security rules? The answer: only if it causes you such severe symptoms that you cannot work.
Here are some general observations from my years as a Social Security disability claimant's representative:
1) Social Security doesn't like to award benefits for subjective complaints of pain without objective medical findings which explain the cause of the pain. In other words, they want to know the underlying cause of pain. Is it degenerative disc disease, degenerative joint disease, a herniated disc, spinal canal or foraminal stenosis, etc. They will prefer to have imaging (X-rays, MRI or CT scan) to show the cause of pain. So, a claimant who says, "My back hurts a lot but I don't know why" has a very weak case.
2) Social Security will need to be convinced that the symptoms of pain could reasonably be produced by the impairments shown in the objective medical evidence. In other words, is it reasonable from a medical point of view that your medical condition would produce as much pain as you claim?
3) Social Security decision makers must evaluate how back or neck pain restricts certain work related functions: sitting,standing, walking, bending, lifting, reaching, etc. They must also determine the degree of restrictions. For example, can you sit, stand, walk, bend or reach on a constant, frequent or occasional basis?
4) Finally, the decision maker must determine how your restrictions impact the occupational base -- or ability to perform jobs which exist in the national economy. With your age, education, past work experience and residual functional capacity, are you restricted to sedentary, light, medium or heavy exertion levels? What type of jobs and how many jobs exist in the national economy for persons with these restrictions? There are generally two sets of guidelines:
A. Persons age 50 or over who cannot perform their past relevant work and would be limited to sedentary work are generally disabled. This may not be true for younger individuals.
B. Persons under age 50 ("younger individuals") may not be disabled, even if they are no longer able to perform any of their past work. They may be found able to perform "other jobs" which exist in the national economy. For instance, a 45 year-old individual who was once a construction worker may not be able to perform construction work any longer. However, if he can do the work of a garment folder, inspector or small parts assembler he will be found not disabled and not eligible for benefits.
It takes a great deal of knowledge and skill to piece together a scenario that finds a person qualified to receive benefits\ under the regulations. It's not as simple as presenting a medical record that shows complaints of neck pain or back pain. You must show severe symptoms (explained by tests and objective findings) which severely erode the occupational base. Then, if the judge is sympathetic, you may be awarded benefits.
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
FORSYTHE FIRM - SOCIAL SECURITY JUSTICE WEBSITE
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