You are disabled, hurting and bills are due. Social Security is your best hope for income but they give you the run-around. Or they deny your application. You need a professional who knows how to help. An advocate is an attorney or non-attorney professional skilled in presenting your case and handling details of a Social Security claim or appeal.
How to hire a disability advocate:
1. Look for someone with experience in Social Security disability, preferably someone who specializes in that field. This should be someone skilled at appearances before Administrative Law Judges (hearings).
2. Be sure the advocate is approved by the Social Security Administration for direct payment of fees. This assures he/she meets demanding standards of the Government.
2. You may want to look for a local advocate, not someone at the end of a distant 800 telephone number. A local advocate knows the local judges and how they operate and is someone you will meet early in the process, not 30 minutes before your hearing.
3. Meet with your advocate in his or her office before hiring him/her. Most offer free initial consultations. Get a free evaluation of your case. No one can guarantee you will win but if there are obvious problems, find out right away. You will have to meet the Government's legal requirements for disability. Find out where you stand, legally.
4. Get a contingency fee agreement that says you pay no fees unless you win. These agreements will stipulate that any representative's fee will come out of your back pay settlement with Social Security. If you don't receive any back pay, there will not be a fee. This way, you take no risk as far as legal fees are concerned. No back payments, no fee.
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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35896
PH (256) 799-0297
SOCIAL SECURITY JUSTICE: OUR 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.
Sunday, March 11, 2018
Sunday, March 4, 2018
WHAT HAPPENS AT A SOCIAL SECURITY DISABILITY HEARING BY VIDEO (VTC)?
The Social Security Administration has about 1 million hearings scheduled in the United States this year. 1200 administrative law judges work full-time to schedule and conduct these hearings. Due to the backlog it is taking 20 to 24 months just to get a hearing scheduled.
To try to catch up, Social Security is trying to schedule more hearings by Video-Teleconference (VTC) instead of in-person hearings. What's the diffference?
At an in-person hearing, the claimant appears in a room with the judge, who is about 10 feet away. The judge will interview the claimant in person. Also attending the hearing will the claimant's representative, a hearing clerk and usually a vocational witness, called by Social Security.
The judge will take oral testimony by asking the claimant a long series of questions, which will be recorded. The claimant's representative or attorney will also ask a lot of questions. Vocational testimony will then be taken by the vocational expert. The claimant's representative can then make closing arguments. The hearing usually lasts 45 to 60 minutes.
A Video-Teleconference follows exactly the same procedure. The only difference is that the judge will not be in the same room as the claimant and attorney. The judge may be 10 miles away or 1,000 miles away in another city. You and the judge will talk to each other over a video communications link where the judge appears on a big screen television.
ADVANTAGES OF A VTC: a VTC may reduce your wait time, but by only 1 or 2 months on average. So, instead of waiting about 24 months for an in-person hearing, you may only wait 22 or 23 months. VTCs do not drastically reduce wait times.
DISADVANTAGES OF A VTC:
You have a right to opt out of a Video-Teleconference and demand an in-person hearing, but you must do so according to the rules and within the deadline. This should be a discussion claimants have with their attorneys or representatives when they file a disability appeal.
THE FORSYTHE FIRM
Practice Limited to Social Security Disability
PH (256) 799-0297
SOCIAL SECURITY JUSTICE: MAY WE HELP YOU?
To try to catch up, Social Security is trying to schedule more hearings by Video-Teleconference (VTC) instead of in-person hearings. What's the diffference?
At an in-person hearing, the claimant appears in a room with the judge, who is about 10 feet away. The judge will interview the claimant in person. Also attending the hearing will the claimant's representative, a hearing clerk and usually a vocational witness, called by Social Security.
The judge will take oral testimony by asking the claimant a long series of questions, which will be recorded. The claimant's representative or attorney will also ask a lot of questions. Vocational testimony will then be taken by the vocational expert. The claimant's representative can then make closing arguments. The hearing usually lasts 45 to 60 minutes.
A Video-Teleconference follows exactly the same procedure. The only difference is that the judge will not be in the same room as the claimant and attorney. The judge may be 10 miles away or 1,000 miles away in another city. You and the judge will talk to each other over a video communications link where the judge appears on a big screen television.
ADVANTAGES OF A VTC: a VTC may reduce your wait time, but by only 1 or 2 months on average. So, instead of waiting about 24 months for an in-person hearing, you may only wait 22 or 23 months. VTCs do not drastically reduce wait times.
DISADVANTAGES OF A VTC:
- Most of the time they work fine but occasionally there are equipment or technical failures. I have seen video links go down that delay hearings for hours.
- In a VTC you are subject to getting a judge from a national processing office (Baltimore, Houston, Atlanta) which your representative may not be familiar with. Think of this as a "hearing factory" where judges churn out video hearing after video hearing.
- The judge will ask the same questions but may not be able to see the claimant as well as in an in-person hearing. Likewise, the claimant may not see the judge as well, especially if the judge is one of those who hides behind his computer monitor and peeks out to ask questions.
- AWARD RATES. The question arises, which judges pay better, the local ones I would see during an in-person hearing or a distant judge I would see on a VTC? The answer is that no two judges pay alike; some have higher award rates than others. Some firms who represent claimants nationwide have estimated that they win about 5 percent more awards with in-person hearings than they do with VTCs. However, if your hearing is scheduled in an office with a very low award rate, you might be even better off with a distant judge and a VTC. This is a very hard call to make, especially since you don't know who your local judge will be until after it is too late to object to a VTC.
You have a right to opt out of a Video-Teleconference and demand an in-person hearing, but you must do so according to the rules and within the deadline. This should be a discussion claimants have with their attorneys or representatives when they file a disability appeal.
THE FORSYTHE FIRM
Practice Limited to Social Security Disability
PH (256) 799-0297
SOCIAL SECURITY JUSTICE: MAY WE HELP YOU?
DO YOU WANT A VIDEO HEARING IN A SOCIAL SECURITY DISABILITY CASE?
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
DO YOU WANT A VIDEO HEARING IN A SOCIAL SECURITY DISABILITY CASE?
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
Sunday, February 25, 2018
A NURSE PRACTITIONER MAY NOT HELP YOUR DISABILITY CLAIM
I have a friend who often says to me, "I have to go see Dr. Amanda today." I know who he is talking about. Amanda works in a doctor's office, wears a white lab coat and hangs a stethoscope around her neck. She even writes prescriptions. But she is not a doctor. She is a nurse practitioner or CRNP.
While nurse practitioners are becoming more and more common and may offer quality healthcare, they are not considered "acceptable medical sources" for purposes of medical evidence by Social Security under 20 CFR 404.1527.
What does this mean to you when you file a disability claim and all or most of your medical records are from a nurse practitioner? Social Security may not give the records the same weight they would give if you had been treated by an MD or DO. They may argue that you have not been diagnosed and treated by an "acceptable medical source." This may be unfair, illogical or disagreeable--but it's the law.
Who does Social Security consider to be "acceptable medical sources" for purposes of evidence under 20 CFR 404.1527? Any of the following:
We are not suggesting that nurse practitioners or chiropractors don't offer quality care. But Social Security may not give them much weight when it comes to considering their medical evidence.
While nurse practitioners are becoming more and more common and may offer quality healthcare, they are not considered "acceptable medical sources" for purposes of medical evidence by Social Security under 20 CFR 404.1527.
What does this mean to you when you file a disability claim and all or most of your medical records are from a nurse practitioner? Social Security may not give the records the same weight they would give if you had been treated by an MD or DO. They may argue that you have not been diagnosed and treated by an "acceptable medical source." This may be unfair, illogical or disagreeable--but it's the law.
Who does Social Security consider to be "acceptable medical sources" for purposes of evidence under 20 CFR 404.1527? Any of the following:
- a Doctor of Medicine (MD)
- a Doctor of Osteopathy (DO)
- a licensed clinical psychologist (Ph.D. or Psy.D)
- a licensed Physician's Assistant (PA), as of 2017
- a podiatrist (for disorders of the feet)
- an optometrist (for vision or certain eye disorders)
- Note that chiropractors also fall under the category of not being acceptable medical sources at Social Security.
We are not suggesting that nurse practitioners or chiropractors don't offer quality care. But Social Security may not give them much weight when it comes to considering their medical evidence.
GIVING CREDIBLE TESTIMONY AT DISABILITY HEARINGS
When a claimant appears at a hearing on a Social Security disability appeal, his or her testimony at the hearing is crucial. Here are the crucial issues:
Credibility - The judge must believe everything you say, whether or not it has anything to do with your case. For example, if a claimant lies about smoking or drinking, it may not have anything material to do with disability, but credibility is lost and the judge believes nothing else that is said.
Severity of Conditions - The claimant should always speak of terms of symptoms, not medical terms. Instead of saying, "I have degenerative disc disease in my lumbar spine," the claimant should discuss pain level, stiffness, trouble standing, sitting or bending, etc. Specific examples can be used. For instance, "I can't stoop without a lot of pain and I need help unloading my dryer."
Longevity of Conditions. How long have you had these severe conditions? This will largely determine how much back pay you may receive. You may receive disability payments for up to 12 months before you filed your application. So, finding the correct onset date is important. You want to show that you are disabled now, but you also want to show when you first became disabled.
Be Specific. In your testimony, try to avoid very general phrases that have no defined meaning: "sometimes, occasionally, pretty bad, not long, a short distance, not very far," etc. Frame your testimony in terms of well defined words: minutes, hours, days, weeks, feet or yards. For example, "I get out of my house about twice a week." Or, "I can only stand for about 20 minutes at a time."
You should understand the kind of questions you will be answering at your disability hearing. It is, most of all, a fact finding process. The judge will press you to give specific facts that allow him or her to decide whether you meet the rules for a Social Security disability benefit.
THE FORSYTHE FIRM
PH (256) 799-0297
Credibility - The judge must believe everything you say, whether or not it has anything to do with your case. For example, if a claimant lies about smoking or drinking, it may not have anything material to do with disability, but credibility is lost and the judge believes nothing else that is said.
Severity of Conditions - The claimant should always speak of terms of symptoms, not medical terms. Instead of saying, "I have degenerative disc disease in my lumbar spine," the claimant should discuss pain level, stiffness, trouble standing, sitting or bending, etc. Specific examples can be used. For instance, "I can't stoop without a lot of pain and I need help unloading my dryer."
Longevity of Conditions. How long have you had these severe conditions? This will largely determine how much back pay you may receive. You may receive disability payments for up to 12 months before you filed your application. So, finding the correct onset date is important. You want to show that you are disabled now, but you also want to show when you first became disabled.
Be Specific. In your testimony, try to avoid very general phrases that have no defined meaning: "sometimes, occasionally, pretty bad, not long, a short distance, not very far," etc. Frame your testimony in terms of well defined words: minutes, hours, days, weeks, feet or yards. For example, "I get out of my house about twice a week." Or, "I can only stand for about 20 minutes at a time."
You should understand the kind of questions you will be answering at your disability hearing. It is, most of all, a fact finding process. The judge will press you to give specific facts that allow him or her to decide whether you meet the rules for a Social Security disability benefit.
THE FORSYTHE FIRM
PH (256) 799-0297
Monday, February 5, 2018
BENEFITS FOR MENTAL HEALTH DISORDERS
Mental health disorders account for a lot of disability in the United States. These disorders may make a person unable to work and, therefore, qualify for Social Security disability.
Being diagnosed with a particular mental illness, however, is usually not enough to qualify for benefits. The questions are: what are your symptoms, how severe are they, and how do they prevent you from working?
Concentration, persistence and pace may be a problem. Perhaps you aren't able to focus on a task long enough to complete it. Maybe there are times you can focus and complete tasks but other times when you cannot.
Memory issues may cause problems with your ability to remember, understand and carry out simple instructions or tasks.
Social skills may be degraded. Are you able to appropriately respond to co-workers, supervisors or members of the public? Can you accept instruction from your supervisor? Are you able to adapt to the usual work pressures of a job?
Mental health issues are best addressed by a clinical psychologist or a psychiatrist. The opinion of these professionals carry a lot of weight with Social Security decision makers. Consider asking your family doctor or primary care doctor to refer you to a psychiatrist.
I think it is also important to comply with medical treatment.
Being diagnosed with a particular mental illness, however, is usually not enough to qualify for benefits. The questions are: what are your symptoms, how severe are they, and how do they prevent you from working?
Concentration, persistence and pace may be a problem. Perhaps you aren't able to focus on a task long enough to complete it. Maybe there are times you can focus and complete tasks but other times when you cannot.
Memory issues may cause problems with your ability to remember, understand and carry out simple instructions or tasks.
Social skills may be degraded. Are you able to appropriately respond to co-workers, supervisors or members of the public? Can you accept instruction from your supervisor? Are you able to adapt to the usual work pressures of a job?
Mental health issues are best addressed by a clinical psychologist or a psychiatrist. The opinion of these professionals carry a lot of weight with Social Security decision makers. Consider asking your family doctor or primary care doctor to refer you to a psychiatrist.
I think it is also important to comply with medical treatment.
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