I advocate for disability claimants in Alabama and Tennessee. The question often comes up, is the Social Security process the same for both states? Surprisingly, it is not.
While Social Security is a federal program, the initial decision making process is handled by the state. The program is a little more complicated in Tennessee and a little more streamlined in Alabama.
This is because Tennessee using a process called Reconsideration and Alabama does not. Reconsideration simply means that if your application is denied, you have to re-submit it and have it reviewed again by the same state agency that denied it the first time. This takes about 4 to 6 months and you nearly always get the same decision second time around. It's basically just a time waster. After the second denial, you can file an appeal with an Administrative Law Judge, where something might finally get approved.
In Alabama, you can file the appeal with the judge right after the first denial. You eliminate the time-wasting "Reconsideration" phase. So, while the disability process in Alabama can take 24 months or more, it is several months faster than it is in Tennessee.
Some people who live in Alabama may still have their appeals sent to a judge in Tennessee. Some of my clients get their appeals sent to a judge in Franklin, TN, even though the claimants live in Alabama. When this happens, you will follow Alabama rules. You don't have to mess with Tennessee's "Reconsideration" as long as you are an Alabama resident.
Social Security disability is so tricky these days, I'd recommend you start with an attorney or advocate who knows the law and the process. Whether you live in Alabama or Tennessee, talking to an attorney will be well worth your time.
_____________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
(256) 799-0297
The Forsythe Firm
725 Cool Springs Boulevard
Franklin, TN 37067
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.
Wednesday, September 12, 2018
Sunday, September 9, 2018
BACK PAIN AND SOCIAL SECURITY DISABIITY
The 33 moving parts of the human spine cause major problems, especially as we age. We can develop a natural process called degenerative disc disease. Social Security awards more payments for back and musculoskeletal impairments than for any other disorder.
But what will you need to be successful with a Social Security disability claim for back pain?
First, you will need for a doctor to diagnoses why you are having pain. An orthopedic doctor is best. The diagnosis should be based on X-rays, MRI or other imaging studies. You cannot get a disability benefit with a subjective complaint of back pain.
Second, Social Security will want to see where your doctor has described your symptoms. When did they start, how have they progressed and how severe are they? What type of medical treatment or intervention has our doctor tried to make you better? Medications? Injections? Physical therapy? Surgery?
Third, how do your medical symptoms translate into work restrictions? How does the back pain affect your specific ability to sit, stand, walk, lift, carry, push and pull? Since most routine medical records do not address these functional areas, you should ask you doctor to complete a Residual Functional Capacity form.
HOW SEVERE MUST YOUR FUNCTIONAL LIMITATIONS BE IN ORDER TO GET A DISABIILTY CHECK?
Answer: It depends on your age.
Age 50 and younger: You generally must be unable to perform any type of work which exists in the U.S. economy on a full-time basis. This includes the inability to do the easiest of all jobs, which would be jobs at the sedentary exertion level.
Age 50 and older: You must be unable to perform any of your past relevant work, i.e., the work you have done during the most recent 15 year period.
So, your past work history plays a very important role in determining whether you are found disabled. (Question: Did you do a good job filling out your Work History Report back when you first applied for benefits? Most people don't and it comes back to hurt them here).
Frankly, you should consider getting an attorney before you touch a Social Security disability application. Many people try it alone and by the time they find out that wasn't a good idea, it is too late.
_______
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
E-Mail Us: forsythefirm@gmail.com
But what will you need to be successful with a Social Security disability claim for back pain?
First, you will need for a doctor to diagnoses why you are having pain. An orthopedic doctor is best. The diagnosis should be based on X-rays, MRI or other imaging studies. You cannot get a disability benefit with a subjective complaint of back pain.
Second, Social Security will want to see where your doctor has described your symptoms. When did they start, how have they progressed and how severe are they? What type of medical treatment or intervention has our doctor tried to make you better? Medications? Injections? Physical therapy? Surgery?
Third, how do your medical symptoms translate into work restrictions? How does the back pain affect your specific ability to sit, stand, walk, lift, carry, push and pull? Since most routine medical records do not address these functional areas, you should ask you doctor to complete a Residual Functional Capacity form.
HOW SEVERE MUST YOUR FUNCTIONAL LIMITATIONS BE IN ORDER TO GET A DISABIILTY CHECK?
Answer: It depends on your age.
Age 50 and younger: You generally must be unable to perform any type of work which exists in the U.S. economy on a full-time basis. This includes the inability to do the easiest of all jobs, which would be jobs at the sedentary exertion level.
Age 50 and older: You must be unable to perform any of your past relevant work, i.e., the work you have done during the most recent 15 year period.
So, your past work history plays a very important role in determining whether you are found disabled. (Question: Did you do a good job filling out your Work History Report back when you first applied for benefits? Most people don't and it comes back to hurt them here).
Frankly, you should consider getting an attorney before you touch a Social Security disability application. Many people try it alone and by the time they find out that wasn't a good idea, it is too late.
_______
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
E-Mail Us: forsythefirm@gmail.com
3 THINGS INCREASE YOUR CHANCE IN SSDI APPLICATIONS
There are 3 things that greatly increase your chance of being approved for a Social Security disability check.
1. Make sure Social Security gets all of your medical records from every provider: doctors, clinics, hospitals, emergency rooms, psychologists, counselors and therapists. Generally, you want to go back at least 1 year from the date you file your application.
2. Get specific functional limitations from your doctor. Even getting all your medical records may not be enough, especially if you don't have a very severe or life threatening medical condition. Get your treating physician you fill out a Treating Source Form (also called a "Residual Functional Capacity form"). This form specifies such things as
3. Get an Attorney. The data we see indicates clearly that claimants with attorneys are much more likely to be approved. This is especially true at the appeal or hearing level. Whether you involve an attorney at the start of the process, or near the end, you will pay the same fee because attorneys work on a percentage of the back pay they are able to get for you, not by the hour.
1. Make sure Social Security gets all of your medical records from every provider: doctors, clinics, hospitals, emergency rooms, psychologists, counselors and therapists. Generally, you want to go back at least 1 year from the date you file your application.
2. Get specific functional limitations from your doctor. Even getting all your medical records may not be enough, especially if you don't have a very severe or life threatening medical condition. Get your treating physician you fill out a Treating Source Form (also called a "Residual Functional Capacity form"). This form specifies such things as
- How long you can sit, stand and walk during an 8-hour workday
- How much you can lift on a repeated basis
- What are your postural limitations? Stooping, reaching, kneeling, crouching, crawling?
- Are you independent in our activities of daily living?
- How many days of work would you be expected to miss each month due to your symptoms or medical treatment needs?
3. Get an Attorney. The data we see indicates clearly that claimants with attorneys are much more likely to be approved. This is especially true at the appeal or hearing level. Whether you involve an attorney at the start of the process, or near the end, you will pay the same fee because attorneys work on a percentage of the back pay they are able to get for you, not by the hour.
Saturday, September 8, 2018
5 MISTAKES NOT TO MAKE IN A DISABILITY HEARING
Social Security disability hearings are presided over by U.S. administrative law judges who will take sworn testimony. Here are 4 important mistakes to avoid in your hearing.
Sharing Unsolicited Information
Giving too much information can be a fatal mistake. You must and should answer every question honestly. However, don't give more information than you are asked for. Here are some examples of things not to volunteer without being asked:
- Prior claims your or family members have made for disability benefits.
- Drug or alcohol issues
- Arrests or criminal history
- Failure to follow doctor's treatment
- "No one will hire me. I am a liability to an employer."
- “I can't find a job." This implies that if you could find a job, you would be working.
- “There are no jobs in my field in this town." That is not a disability.
- “I don't have transportation, I can't drive, or I don't have a driver's license." No judge will award a disability benefit on this basis. It hurts your case.
- "I can't work because I have to care for my (family member)." Again, this is certainly not a disability. It implies that you are not working because of a non-medical problem.
A sure way to lose your case is to exaggerate your symptoms or conditions. Don't say you have level 10 pain all the time. Don't paint a picture of someone who is bedridden nearly all the time, or someone who uses a walker to ambulate if this is not the case. For heaven's sake don't bring a cane, a walker, a wheelchair to a brace into court if it hasn't been prescribed by a doctor. Judges absolutely hate theatrical props. They have seen it all and heard it all and can spot an exaggeration a mile away through heavy fog! Just don't try it. Don't go the other way and under-state your symptoms, either. Some people do tend to minimize their conditions, especially their mental impairments. Your goal in a disability hearing is to help the judge understand what kind of activities you can and cannot do in a normal day. You do not have to be totally unable to perform activities of daily living to be approved. You can be found disabled if your medical condition prevents you form being able to work 8 hours per day, 5 days per week on a regular and continual basis. But the judge must find your testimony to be credible. It must generally match what your doctors say in their medical records.
Disregarding Courtroom Courtesy
We live in a culture of disrespect where courtesy and etiquette seem to be vanishing. However, courtrooms are still places that expect and demand courtesy.
- Arrive early. When it comes to the courtroom, if you’re on time, you’re already late. Be sure to arrive 1 hour before your scheduled hearing; not only does it look good on you, it also provides extra time to mentally prepare. And many judges will start early.
- Show respect. It’s understandable to become frustrated during a social security benefits hearing, especially if things don’t seem to be going your way. But being rude won’t help your case; remain polite, speak clearly, address the ALJ as “your honor,” “sir” or “ma’am,” and bite your tongue if needed!
- Dress appropriately. Proper attire shows respect for the judge; after all, this is their courtroom. While it's all right to dress casually (no suit and tie), never wear shorts, tank tops, or flip-flops, even if it is a 100-degree summer day. And don’t forget to take off your hat or ball cap. TURN OFF THAT CELL PHONE!
There is simply no reason to be unrepresented. "Unrepped" claimants, as they are known, are not taken seriously. By not having a representative you may send an unintentional signal to Social Security staff. You may say to them, "My case is so weak that I could not find an attorney or advocate to represent me." Also, it is my observation that about one-half of unrepresented claimants don't bother to even show up for their scheduled hearing. This sends more non-flattering vibes. Further, walking into a hearing unrepresented will result in your hearing being delayed because the judge will offer to postpone the hearing until you find an attorney. This will typically delay the hearing 3 or 4 months while you wait to get back on the docket. A lady recently called me for help because she had just been denied at her hearing, having represented herself. "The hearing was nothing like I thought it would be," she told me. "I had no idea what was going on from the time I walked in until the time I walked out. Before I knew what was happening, I had been denied." There is no reason for this. You can get excellent professional representation with absolutely no money upfront. Your representative will prepare and attend our hearing without a fee or deposit. If your case is successful, Social Security will withhold the legal fee from your back pay and pay the attorney's fee directly. If you are not successful, there will not be a fee at all. So, Social Security claimants can hire the same quality of legal help that a multi-millionaire could afford. Don't cheat yourself and lose your case by representing yourself.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
(256) 799-0297 Free Consultations
HOW TO GET SOCIAL SECURITY BENEFITS IN ADDITION TO VA BENEFITS
American veterans who served in any branch of the US armed forces paid FICA tax, or Social Security tax. Therefore, they are covered by Social Security Disability Insurance (SSDI), in addition to benefits available through the Veterans Administration (VA).
How Does a Disabled Veteran Get Social Security Disability Benefits?
1). You must file a separate application with the Social Security Administration. SSDI benefits are totally separate from VA benefits. Qualifying for a VA benefit does not automatically give you SSDI benefits. Social Security has its own rules and its own application process.
2). Appeal any denial of your SSDI application. Unfortunately, between 70 and 80 percent of all SSDI applications are denied after a rather mechanical review. This is the norm, not the exception. You should file an appeal within 60 days and ask for a hearing before a federal administrative law judge (ALJ). This is where a majority of cases get approved.
3). Consider professional help with your claim and especially with your appeal. Social Security rules are complex, intimidating to most claimants and the appeal hearing is a complicated legal proceeding. You can get a lot of free legal services from a qualified advocate or attorney, including free consultations, assistance with applications and forms, and appeal/hearing representation. Your representative will charge you a fee only if you are successful and recover past due benefits. Social Security will withhold a small percentage of your back pay and pay your representative directly. Fees are structured by law to protect the claimant and limit the amount of fees your representative can charge. You can't be charged any fee at all unless you win your claim and also recover past due benefits.
Veterans claims have several advantages. Most veterans have access to good medical care and have complete, detailed medical records. The fact that the VA has awarded a disability benefit is not binding on Social Security; however, it is good evidence of a significant disability which may strengthen the SSDI case. Finally, veterans with a 100 percent permanent, service connected disability may get expedited claims processing.
My firm has worked with hundreds of veterans, mostly here in north Alabama--but also in other states, including Tennessee, Kentucky, Mississippi, Texas and Florida. We have a very high success rate with helping veterans get SSDI benefits. If you are a recently disabled veteran, we would be pleased to provide a free consultation at no obligation. Our office is located adjacent to Redstone Arsenal's Gate 9, inside Cummings Research Park and directly across from the Bridge Street Mall. We highly recommend an appointment so we may devote our undivided attention to you when you visit with us.
__________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL ME: forsythefirm@gmail.com
How Does a Disabled Veteran Get Social Security Disability Benefits?
1). You must file a separate application with the Social Security Administration. SSDI benefits are totally separate from VA benefits. Qualifying for a VA benefit does not automatically give you SSDI benefits. Social Security has its own rules and its own application process.
2). Appeal any denial of your SSDI application. Unfortunately, between 70 and 80 percent of all SSDI applications are denied after a rather mechanical review. This is the norm, not the exception. You should file an appeal within 60 days and ask for a hearing before a federal administrative law judge (ALJ). This is where a majority of cases get approved.
3). Consider professional help with your claim and especially with your appeal. Social Security rules are complex, intimidating to most claimants and the appeal hearing is a complicated legal proceeding. You can get a lot of free legal services from a qualified advocate or attorney, including free consultations, assistance with applications and forms, and appeal/hearing representation. Your representative will charge you a fee only if you are successful and recover past due benefits. Social Security will withhold a small percentage of your back pay and pay your representative directly. Fees are structured by law to protect the claimant and limit the amount of fees your representative can charge. You can't be charged any fee at all unless you win your claim and also recover past due benefits.
Veterans claims have several advantages. Most veterans have access to good medical care and have complete, detailed medical records. The fact that the VA has awarded a disability benefit is not binding on Social Security; however, it is good evidence of a significant disability which may strengthen the SSDI case. Finally, veterans with a 100 percent permanent, service connected disability may get expedited claims processing.
My firm has worked with hundreds of veterans, mostly here in north Alabama--but also in other states, including Tennessee, Kentucky, Mississippi, Texas and Florida. We have a very high success rate with helping veterans get SSDI benefits. If you are a recently disabled veteran, we would be pleased to provide a free consultation at no obligation. Our office is located adjacent to Redstone Arsenal's Gate 9, inside Cummings Research Park and directly across from the Bridge Street Mall. We highly recommend an appointment so we may devote our undivided attention to you when you visit with us.
__________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL ME: forsythefirm@gmail.com
HAS YOUR SOCIAL SECURITY DISABIILTY COVERAGE EXPIRED?
Social Security Disability Insurance (SSDI) only covers insured workers. You become insured by working the required number of quarters and paying FICA tax by payroll deduction--which is really Social Security and Medicare tax. Like all insurance, SSDI has a beginning date and an ending date, which most people are not aware of.
I am looking at my homeowners insurance policy, for example. My coverage on my home began February 13, 2018 and will expire February 12, 2019 at midnight--unless it is renewed. To renew it, I must pay the 2019 premium. If I don't pay the premium, I will no longer have insurance on my home.
Social Security disability (SSDI) works the same way in principle. The date your SSDI coverage expires is called your Date Last Insured (DLI). It's one of the first things Social Security decision makers will look at when deciding if you can qualify for a benefit or payment.
If I want to file a successful claim on my homeowners insurance, I must prove that I suffered a loss while my policy was still in force.
To be covered (insured) for SSDI, a general rule of thumb is: You must have worked 5 out of the past 10 years, or earned 20 quarters of work coverage out of the past 40 quarters. You must have contributed FICA taxes during these quarters to be covered. The specific number of credits you need varies according to your age.
How do you find out if you have enough work credits to be covered? The best way is to call your local Social Security office and ask. The two questions you want to ask are:
(1) Do I have enough work credits to be covered by SSDI?
(2) When is my Date Last Insured (DLI)? In other words, when will I stop being covered?
A DLI in the past is called a "remote DLI" and can make the claim difficult to win because you must prove that you became disabled prior to the DLI. The further in the past your DLI is, the harder it is to win an SSDI claim. If you are diagnosed with a new, disabling medical condition AFTER the DLI, Social Security will not consider it. (It would be like my house burning AFTER my insurance policy expired). Also, if your medical condition worsens after your Date Last Insured, Social Security will not consider it. They only consider your medical condition prior to your DLI, not after.
I urge people to apply for SSDI benefits as soon as they believe their medical condition makes them unable to work. Once the application has been filed, you are given a "protected filing date." It doesn't matter if your SSDI coverage expires after you have filed a claim. It will still be processed. But there is real danger in waiting too long to file your claim. Filing a new claim after your Date Last Insured is never a good thing.
So, here is what you should come away with in this brief tutorial about DLI:
1) You must have accumulated enough recent work credits to have SSDI coverage.
2) You should file your new SSDI claim before your Date Last Insured, that is, before your Social Security disability coverage expires.
Note: SSDI coverage usually expires about 5 years after you stop working and paying FICA tax into the system. So if a worker with a long work history stops working in 2015, his Date Last Insured will probably be sometime in 2020. At that point he becomes uninsured for any Social Security disability benefit. This can vary from worker to worker.
There are a lot of other technical matters that must be considered when determining whether a person has a viable SSDI claim. It is not as simple as whether your or disabled or not. You can certainly be disabled and yet not eligible for a benefit.
A good Social Security disability attorney or advocate will look into all the technical aspects of a claim and advise you of problems you may encounter. It is true that you must have medical evidence to prove that you are disabled. In addition, however, you must also prove that you meet the technical rules of eligibility.
____________
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"The Social Security Firm"
CALL US: (256) 799-0297
EMAIL ME: forsythefirm@gmail.com
I am looking at my homeowners insurance policy, for example. My coverage on my home began February 13, 2018 and will expire February 12, 2019 at midnight--unless it is renewed. To renew it, I must pay the 2019 premium. If I don't pay the premium, I will no longer have insurance on my home.
Social Security disability (SSDI) works the same way in principle. The date your SSDI coverage expires is called your Date Last Insured (DLI). It's one of the first things Social Security decision makers will look at when deciding if you can qualify for a benefit or payment.
If I want to file a successful claim on my homeowners insurance, I must prove that I suffered a loss while my policy was still in force.
To be covered (insured) for SSDI, a general rule of thumb is: You must have worked 5 out of the past 10 years, or earned 20 quarters of work coverage out of the past 40 quarters. You must have contributed FICA taxes during these quarters to be covered. The specific number of credits you need varies according to your age.
How do you find out if you have enough work credits to be covered? The best way is to call your local Social Security office and ask. The two questions you want to ask are:
(1) Do I have enough work credits to be covered by SSDI?
(2) When is my Date Last Insured (DLI)? In other words, when will I stop being covered?
A DLI in the past is called a "remote DLI" and can make the claim difficult to win because you must prove that you became disabled prior to the DLI. The further in the past your DLI is, the harder it is to win an SSDI claim. If you are diagnosed with a new, disabling medical condition AFTER the DLI, Social Security will not consider it. (It would be like my house burning AFTER my insurance policy expired). Also, if your medical condition worsens after your Date Last Insured, Social Security will not consider it. They only consider your medical condition prior to your DLI, not after.
I urge people to apply for SSDI benefits as soon as they believe their medical condition makes them unable to work. Once the application has been filed, you are given a "protected filing date." It doesn't matter if your SSDI coverage expires after you have filed a claim. It will still be processed. But there is real danger in waiting too long to file your claim. Filing a new claim after your Date Last Insured is never a good thing.
So, here is what you should come away with in this brief tutorial about DLI:
1) You must have accumulated enough recent work credits to have SSDI coverage.
2) You should file your new SSDI claim before your Date Last Insured, that is, before your Social Security disability coverage expires.
Note: SSDI coverage usually expires about 5 years after you stop working and paying FICA tax into the system. So if a worker with a long work history stops working in 2015, his Date Last Insured will probably be sometime in 2020. At that point he becomes uninsured for any Social Security disability benefit. This can vary from worker to worker.
There are a lot of other technical matters that must be considered when determining whether a person has a viable SSDI claim. It is not as simple as whether your or disabled or not. You can certainly be disabled and yet not eligible for a benefit.
A good Social Security disability attorney or advocate will look into all the technical aspects of a claim and advise you of problems you may encounter. It is true that you must have medical evidence to prove that you are disabled. In addition, however, you must also prove that you meet the technical rules of eligibility.
____________
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"The Social Security Firm"
CALL US: (256) 799-0297
EMAIL ME: forsythefirm@gmail.com
Friday, September 7, 2018
DENIALS AT EACH STEP AND WHAT THEY MEAN
A Social Security disability claim can be denied at steps 1 through 5 of the sequential decision-making process. While denials at steps 4 and 5 are the most common, denials can happen at any stage of the process. Here's why each denial happens.
STEP 1: You could be denied if you are currently working at the level of substantial gainful activity (SGA). This happens if you currently have wages or self-employment income of at least $1,180 per month. You can't work and receive Social Security disability benefits at the same time. So a Step 1 denial is based on working.
STEP 2: You do not have a medically determinable impairment that has lasted for at least 12 consecutive months, is expected to last for at least 12 consecutive months OR to end in death. If your medical impairment is not expected to last a full year, your claim will be dismissed here at Step 2.
STEP 3: There usually are no denials at Step 3; however, this step determines two things that set you up for steps 4 and 4. First, it is decided here whether you meet a published Listing. Second, your Residual Functional Capacity (RFC) is decided here at Step 3. The RFC is the most you are capable of doing in terms of work-like activity.
STEP 4: You can be denied if it is determined that you are able to perform any of your Past Relevant Work (PRW). PRW is any full-time job you have held within the 15-year period prior to filing for Social Security disability. If you are able to perform any of those jobs, you will be denied at Step 4.
STEP 5: A denial here means that you cannot perform any of you past work but there are other jobs in the US economy that you could perform. This is really where most denials take place, especially for individuals who are under age 50 and cannot meet a grid rule. So, by the time you get to step 5, you must be unable to perform any kind of full-time job, even a simple unskilled sedentary job, in order to get benefits.
What's the Best Way to Avoid a Denial?
First, have your case evaluated by someone who knows the system before your hearing. An experienced attorney/advocate can look at your case and probably tell what's likely to happen at each step.
Second, be sure you prove the severity of your medical impairment(s) with objective medical evidence. What your doctor says is what is really important. This also happens before the hearing takes place by making sure Social Security has all of your pertinent medical records.
Third, have your appeal prepared by competent legal counsel. If you simply trust to luck, luck will usually let you down. Your attorney/representative will look at each of the five steps ahead of time and try to go in with a winning strategy at each step.
__________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL US: forsythefirm@mail.com
STEP 1: You could be denied if you are currently working at the level of substantial gainful activity (SGA). This happens if you currently have wages or self-employment income of at least $1,180 per month. You can't work and receive Social Security disability benefits at the same time. So a Step 1 denial is based on working.
STEP 2: You do not have a medically determinable impairment that has lasted for at least 12 consecutive months, is expected to last for at least 12 consecutive months OR to end in death. If your medical impairment is not expected to last a full year, your claim will be dismissed here at Step 2.
STEP 3: There usually are no denials at Step 3; however, this step determines two things that set you up for steps 4 and 4. First, it is decided here whether you meet a published Listing. Second, your Residual Functional Capacity (RFC) is decided here at Step 3. The RFC is the most you are capable of doing in terms of work-like activity.
STEP 4: You can be denied if it is determined that you are able to perform any of your Past Relevant Work (PRW). PRW is any full-time job you have held within the 15-year period prior to filing for Social Security disability. If you are able to perform any of those jobs, you will be denied at Step 4.
STEP 5: A denial here means that you cannot perform any of you past work but there are other jobs in the US economy that you could perform. This is really where most denials take place, especially for individuals who are under age 50 and cannot meet a grid rule. So, by the time you get to step 5, you must be unable to perform any kind of full-time job, even a simple unskilled sedentary job, in order to get benefits.
What's the Best Way to Avoid a Denial?
First, have your case evaluated by someone who knows the system before your hearing. An experienced attorney/advocate can look at your case and probably tell what's likely to happen at each step.
Second, be sure you prove the severity of your medical impairment(s) with objective medical evidence. What your doctor says is what is really important. This also happens before the hearing takes place by making sure Social Security has all of your pertinent medical records.
Third, have your appeal prepared by competent legal counsel. If you simply trust to luck, luck will usually let you down. Your attorney/representative will look at each of the five steps ahead of time and try to go in with a winning strategy at each step.
__________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL US: forsythefirm@mail.com
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