Administrative law judges don't usually announce their decisions at the end of a hearing. Yet, there are some sure signs that your hearing went well.
1. The vocational witness did not list any jobs that you are capable to performing as a result of the judge's hypotheticals.
2. The judge didn't ask any questions of the vocational witness OR the judge only asked about your past relevant work. While this isn't always a good sign, it often means that the judge has enough evidence without vocational testimony.
3. All or most of the judge's questions to the vocational witness resulted in the opinion that "no work would be available."
How long does it take to get a decision? The judge can take as long as needed to reach a decision. There is no time limit. After a decision has been reached, the case goes to a decision writer, where more time is required to write the decision. It may take 3 to 6 months following a hearing to get a written Notice of Decision in the mail. The delay is caused by the high volume of cases handled and shortage of help at the hearing offices.
Is there anything you can do to speed up a decision? No, the process simply isn't designed to move quickly and it doesn't. Calling the hearing office, calling your attorney or other measures simply doesn't have any useful affect on getting a decision issued. It is a waiting game entirely with the ball in Social Security's court. Patience is the virtue that counts here.
The 3 W's come with a Social Security disability claim:
Worry
Work
Waiting
Few things are as frustrating as dealing with the Social Security Administration.
They have thousands of rules, regulations, deadlines and stipulations that make no sense to the average American. They use terms and acronyms that have no meaning to most people.
My firm is dedicated to reducing the worry, work and waiting associated with a disability claim.
We will help you file the initial application forms. This takes hours, however, we feel our involvement in the initial application is a valuable part of what we offer our clients.
We will help you gather the medical and vocational evidence required to give your application the best chance of success. And we will help you deal with the government throughout the entire process--start to finish.
HOW WE GET PAID:
When you appoint us to represent you, you will sign a fully disclosed fee agreement form. This agreement allows us to charge a fee ONLY if your case is successful and you receive back payments from Social Security. The amount of our fee will be a small percentage of your back pay. You will keep 100 percent of monthly benefits now and forever.
What's the first step?
Call us for a free consultation. We will speak with you at no cost or obligation and determine how best to proceed with your claim or appeal.
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THE FORSYTHE FIRM
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PH (256) 799-0297
FORSYTHE FIRM WEBSITE
Social Security disability gives some perks to veterans who have become disabled while on active duty. For one thing, if there is a 100 percent VA disability rating (total and permanent), veterans will qualify for expedited processing. This often reduce the processing time from a few years down to a few months.
Social Security is not obligated to accept the Veterans Administration decision about disability. They have their own rules and regulations. However, the fact that another government agency has examined the individual and found them to be disabled can carry a lot of weight with Social Security.
Another advantage the veteran has is the abundance of medical records. The military provides excellent medical care and documents everything. This is very helpful in a Social Security disability case.
That being said, there are some pitfalls to watch for and avoid in veterans cases:
1) A high percentage of applications will be denied, just as they are in the civilian population, and an appeal may be required.
2) Care must be taken to present the case to Social Security in a manner that meets all of their particular regulations--which are different from the Veterans Administration and other agencies.
3) Social Security is "all or none." They do not award disability by percentages. A claimant is totally disabled, or not disabled at all. Therefore, you must go in with a full coordinated effort.
4) Most veterans still have a high burden of proof: usually it is necessary to prove that you can't perform any type of work that is available in the national economy. This will include unskilled, low wage work--or minimum wage jobs.
My firm is experienced with veterans disability claims and we enjoy working with vets. If you need to apply for Social Security disability, please contact me. If you have recently applied and been denied (all too common), please call me. Consultations are free and we never charge a fee unless you get favorable results.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
Next to Arsenal Gate 9
PH (256) 799-0297
OUR WEBSITE - MORE INFORMATION
Telling the judge a good story about your disability, even if it is a true story, will not get you disability benefits.
Even if the judge believes you when you say you can't work, it will not get you approved. It can't according to federal regulations.
An approval for disability benefits requires PROOF. There are thousands of federal regulations governing Social Security disability and you must meet those regulations in a very technical sense.
Here is the most likely scenario for losing your disability hearing:
"I know I am disabled. I've tried to work and I can't. I can make the judge believe me."
If that's all you have, it's a sure fire formula for denial.
What's missing here? Medical evidence.
There must be objective medical evidence of symptoms so severe that they prevent the claimant from performing the sitting, standing, reaching, bending, lifting, carrying, concentration, persistence and pace of full-time work.
"My doctor will give me a letter stating that I can't work and that I am totally disabled."
This, too, is a sure fire formula for denial. Why?
Because the decision about who can work and who can't, who is disabled and who is not, cannot be made by doctors. Under federal law, this decision is "reserved to the Commissioner of Social Security." The doctor is trying to do something that only the Commissioner of Social Security, or her agent, is allowed to do. The judge will, therefore, reject the doctor's opinion.
What your doctor should do is provide a specific list of your functional abilities: how long you can sit, stand, walk? How many pounds you can lift and carry? How much would you be off task during an 8-hour day? How many days would be absent from work? Social Security can use these opinions to draw their own conclusions about whether you are disabled.
I'm not saying that the claimant's testimony is not important because it is. The claimant should be able to articulate his or her symptoms, limitations and impairments. But that alone will not be enough. It must be supported by objective medical evidence (records) - and should ideally be supported by opinion evidence (not just a statement saying that you are disabled).
If you are very astute and have hundreds of hours to gather data, records and do the research needed, you may be able to successfully represent yourself. But I'd say it's one in a hundred claimants who can, or will, do that. For most folks, it is well worth their money to appoint an experienced representative who knows how to present a Social Security disability case. And a representative cannot charge you a dime if you don't win your case and also collect back pay. The fee will be a small percentage of the back pay. For example, if a claimant collects $10,000 in back pay, his lawyer/representative's fee will be $2,500.
ABOUT LEGAL REPRESENTATION
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This post will explain the best way to get Social Security disability approved.
Disability benefits are difficult to get approved--and getting more difficult all the time as Social Security tightens down the rules to keep people off the rolls. There are things you need to know to get approved.
# 1: Being convinced that you are disabled does not matter. Everyone who applies for disability is absolutely convinced that they are disabled and entitled to a benefit. Most of these individuals are denied. So, what matters? Medical evidence is really the only thing that matters.
#2: Medical records may not be enough. If you are age 50 or over and have very serious impairments documented by long-standing medical records, that may be enough. But if you are the average claimant, under age 50 and do not have a catastrophic illness or injury, you probably will need more. See # 3 below.
#3: You need a Medical Source Statement (MSS). This is a specific form signed by your doctor which gives the doctor's opinion about your ability to perform specific work related activities, such as sitting, standing, walking, lifting, carrying, reaching, pushing-pulling, etc. A good MSS form will cover exertional and non-exertional functions, including time off task, need for extra breaks, absences, ability to concentrate, etc. This form can make all the difference.
#4: Even with the best medical evidence, you will probably still be denied at the initial (application) level. Statistics show that up to 75 percent of applications are denied. This is because Social Security decision makers believe that most applicants are not disabled according to their rules. When in doubt, they deny--and let the appeals process sort out their mistakes later.
#5: An "appeal" is the same thing as a "request for hearing before an administrative law judge," at least in Alabama. You may read on the internet about the "Reconsideration" process. But in Alabama there is no such thing. From an initial denial, you go straight to a hearing by an administrative law judge. This is a good thing because less than 5 percent of denials are changed by "Reconsideration" in the 40 states that still use that useless process. Reconsideration is a waste of time.
#6: Even with good medical support, you must be prepared to actively engage Social Security at your hearing--using their own rules and regulations to prove that you are legally entitled to benefits. It is a dangerous myth to believe that showing up and telling a good story to the judge will get you approved. Believing you are disabled and PROVING you are disabled are two different things entirely. A hearing is a legal and technical event where a skeptical judge will examine facts ("just the facts") and apply hundreds of federal regulations to determine the outcome of your case. Just because the judge believes that you are disabled will not be enough to get you approved. You have to show how the federal regulations support approval.
Some people read that a hearing is "non-adversarial" and "informal" and believe that a good story is all you need to convince the judge. Not true. Most judges will look for holes in your story, contradictions, and application of complicated rules to find a way to deny your claim. The successful claimant will overcome all these obstacles and win anyway. That's why the award rates are so low. Today, only 42 percent of hearings turn out with an award for the claimant. 58 percent are denied, on average. That number, by the way, has fallen by 27 percent since 2009, and continues to fall every year.
Judges who have high award rates (pay too many claims) are being "re-trained" to reduce their award rates. Face the facts and realize that winning your disability hearing will require skill, expertise and knowledge. That's why over 90 percent of claimants at the hearing level have legal representation. And that's why they should. It is foolhardy to walk into a legal proceeding by yourself where the odds are so heavily stacked against you. Even the judge will offer to postpone your hearing so you can obtain legal representation. There's a reason for that.
"I don't want to run up a big legal bill, then lose my appeal anyway."
You won't. You can't. Federal law prohibits and attorney or representative from charging you a fee unless:
a) Your case is approved, and also
b) You are awarded back pay.
The legal fee comes out of the back pay. If there is no back pay, there cannot be a fee.
Are you convinced that you are disabled? That's the first step. The next, most important step, is to put together a legal case that will convince a judge with medical, vocational and legal FACT.
HOW TO GET DISABILITY BENEFITS
What is the best way to get Social Security disability?
You may have heard that since 2008, Social Security has tightened down its rules to make it more difficult to get benefits. This is correct. Between 2008 and 2017, the award rate at appeal hearings has dropped from 69 percent to 42 percent. That a fall of 27 percentage points in 9 years.
So, what's the best way to get disability benefits if you are legitimately disabled?
ANSWER: Provide evidence from your doctor that will convince a skeptical decision maker that you can't sustain full-time work 8 hours a day, 5 days a week, 52 weeks per year.
The younger you are, the more difficult this is to accomplish. If you are under age 50, Social Security considers you to be a "younger individual." Denial rates are higher in this age group. You will need medical evidence to show that you cannot sustain ANY work that exists in the national economy, and this includes low-paying minimum wage jobs, many of which are unskilled and can be performed at the light or sedentary level. In short, your impairment and ability to function in the work environment must be very severe.
More and more, cases that get approved come down to what your doctor says about your ability to function in the workplace.
Every claimant feels that they are disabled. However, it doesn't matter how the claimant feels. It boils down to what the claimant's doctor says.
So, what's the best way to get disability benefits in 2018? Get your doctor to provide objective medical evidence of impairments that severely restrict your ability to perform ANY type of work.
It goes without saying that if you are not seeing a doctor regularly, you don't have much of a chance. Also, if you once saw a doctor for a severe impairment but stopped a few years ago, you don't have much of a chance. It will be necessary to have current medical evidence and show that you are compliant with treatment.
Social Security wants to see claimants who are being treated by a qualified doctor, are compliant with recommended care, and are still unable to work.
Social Security regulations use a very important word that often goes overlooked by the layman seeking disability benefits. That important word is "SUSTAIN."
If the claimant cannot "sustain" full-time work, he or she is disabled under the regulations.
To "sustain" work means you have the ability to work 8 hours per day, 5 days per week, 52 weeks per year. If you are able to work sometimes but sometimes you can't, you cannot sustain full-time work.
What are some things that may suggest that an individual cannot "sustain" full-time work?
(1) Excessive absences due to a medical condition. Employers normally tolerate one day of absence per month. If you would consistently miss 2 or 3 or more days per month, you are not able to sustain full-time work. Example: You can work for several days but then must be absent a few days due to an exacerbation of your symptoms.
(2) Inability to concentrate. Being "off task" more than about 10 percent of a workday generally is considered excessive. This inattention must be due to a medically determinable medical impairment, such as pain, depression, anxiety, panic disorder, or some other medically determinable impairment.
(3) Need for frequent rest breaks. Most jobs come with a half-hour lunch break and two 15-minute rest breaks during the day. If you require more breaks because of a medical impairment, you may not be able to "sustain" full-time work.
(4) Extra time to complete work tasks. Every job expects a certain pace--that is, a certain amount of work must be done in a certain time frame. The inability to maintain pace (keep up) may demonstrate an inability to sustain work.
(5) Psychological Limitations. These limitations can include things such as.....
- inability to understand and remember simple or complex instructions
- inability to get along with supervisors, co-workers or in some cases, the general public
- inability to complete simple tasks
These are only a few examples of limitations that may prove that you cannot "sustain" work.
It isn't enough for you to allege these limitations or restrictions. They must be based on solid medical evidence from a licensed medical doctor (MD, DO) or licensed psychologist (Phy.D or Ph.D.).
It's important for the claimant to know that it doesn't matter how you feel about your conditions or limitations. What's important is showing objective medical evidence to support your claims. As a colleague of mine explains: "It's not what you or I say, it's what your doctor says."
I walk into a hearing and tell the judge, "Your Honor, my client is disabled because he can only sit for 20 minutes, stand for 10 minutes and walk for 5 minutes. He has trouble concentrating and following directions. He would be absent 4 or 5 days per month because of his arthritis pain and migraine headaches." The judge will look at me and say, "Mr. Forsythe, can you show me where that is supported in the medical record?" If it isn't there, I should have saved my breath.
So, your case wins or loses on what your doctor says. Medical documentation is so very important in winning a Social Security disability case.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
"Across from Bridge Street"
DISABILITY HELP WEBSITE
