1 IN 4 ODDS FOR SOCIAL SECURITY DISABILITY APPROVAL

Odds of 1 in 4 may not be bad in some wagers.  However, if you are unable to work, have bills pouring in and need an income, the odds are not so good.

Only about 1 in 4 applications for Social Security disability will eventually be approved.  And the process can take months or years.  The process itself can be depressing.  No wonder most people simply give up before they get benefits.

That's where an expert representative can help.  No, we cannot make it an instant process, usually.  We can't fundamentally change the process.  We can deal with the hassles for you, and we can make sure that every form is properly completed and nothing is holding up your claim unnecessarily.  We can also prepare a strong appeal if your claim is denied.  Our advocate will stand with you at the hearing and will present an argument most likely to obtain your benefits--future and backpay.

There is no cost until your claim is approved and your backpay check arrives.  Then, because we are approved for Direct Pay, Social Security will pay our fee directly by deducting it from your backpay.  There is no risk on your part.  If you don't win, you don't pay a fee.

Make the most out of your Social Security disability claim.  The odds are poor enough.  Statistics show that claimants who are represented are more likely to win than those who are not represented.  Free local consultations (Huntsville area) are available.  Call us at (256) 799-0297.

If you live in the middle Tennessee or Nashville area, call our Nashville office at (615) 732-6159.

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THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike
Suite 108
Huntsville, AL 35806                                                                                       

(256) 799-0297

THE FORSYTHE FIRM
725 Cool Springs Blvd.
Suite 600
Franklin, TN 37067
(615) 732-6159

CAN I APPLY FOR DISABILITY IF I WORK?

Here's a question we get all the time?  Can I apply for Social Security disability without quitting work?

The answer is not "Yes" or "No."  The answer is "Maybe."

If you are working at what Social Security calls "substantial gainful activity" (SGA) level, you are not eligible for disability.  SGA for 2013 is earning at least $1,040 per month, in gross earnings.  Self employment income is also considered.  Note that Social Security does NOT count retirement income, investments, or most insurance or annuity payments as earned income.

Work can be considered SGA even if you don't earn $1,040 per month.  An example would be a self-employed person who works 40 hours a week in her own business but does not produce $1,040 a month in income.  This individual is still engaged in work that is "substantial" and "gainful."

If a person earns less than $1,040 per month (in 2013) he is technically not engaged in SGA and may apply for disability benefits.  However, Social Security may take the fact that you are working, even part-time, as an indication that you can perform work related activities.  That could hurt your claim.  The decision whether to work or not work after filing a Social Security disability claim is a tough decision to make.  It's probably better not to work unless you have to.

Key Factors in a Social Security Disability Case

Here are a few key ingredients that go into a Social Security disability case.  I am referring mainly to the hearing level - but to some degree, these "ingredients" go into cases at all levels of consideration.

• Claimant's Age:  It is a little easier for claimants over age 50.  That doesn't mean younger claimants can't win; they certainly do.  But we may have to work harder.
• Education level:  The more education a claimant has, the more likely the ability to transition into "other work."  The "occupational base" will be larger.
• Residual Functional Capacity (RFC) - refers to the maximum exertional abilities the claimant can still perform even with his/her impairments.
• Relevant Past Work - refers to all the jobs the claimant has performed within the past 15 years (with some conditions applied).
• Are there transferable skills?  If the claimant has worked in very skilled occupations, she may have skills that will transfer to other types of work.
• Exertional limitations - lack of ability to lift, carry, walk, push, pull, etc.
• Postural limitations - can the claimant kneel, bend, crouch, crawl, climb, stoop, etc.?  Is her ability to sit for prolonged periods of time restricted?
• Non-exertional limitations - may also include mental restrictions, such as the ability to understand and follow instructions, make work related decisions, or respond appropriately to supervision, co-workers or others.

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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Visit our Website



Local member:  National Organization of Social Security Claimants Representatives - www.nosscr.org

How I Prepare for a Social Security Disability Hearing

Preparing for a disability hearing is hard work but vital to the case.  The judge will likely give you about 30 minutes to make your case. Those minutes are precious and must not be wasted.

I try to get to know the claimant first.  I want to meet him/her, listen to their story, know how they are limited, what they can do and can't do.  Every case is similar, yet each case is different, too.

Next, I try to read all of the medical records.  I want to digest what the doctors have said about my client.  Then, I take a look at the vocational evidence.  What kind of work has this person performed in the past?  What skill level was involved?  How was each past job classified as far as the exertion level?

When I feel that I know the claimant and the case pretty well, I will sit down to write the legal brief.  The brief is a precise framework that walks the administrative law judge through the medical and vocational files--and leads to a logical conclusion.  A good brief will cite Social Security Listings, rulings, laws or grid rules that apply to the case.  It will give the judge several reasons to find the claimant disabled.  

Often, I don't see a way to prove disability until I write the brief.  That's when the "light dawns," so to speak.  Sometimes, I literally jump up from my computer, reach toward the ceiling and say, "That's it!  That's how we prove disability!"  It's the defining moment.  Once I see the legal logic, then I know I can make the judge see it, too.

Finally, I go over my checklist.  Did I overlook anything?  What are potential problems that may occur?  Is there a contingency plan if "this" happens or "that" happens?  If there are vocational or medical experts scheduled to testify, I want to anticipate their testimony and be prepared to answer them.  At this point I also meet again with the claimant to explain what's going to take place at the hearing.  I lay out the "road map" of the case for the claimant to see.  "Here's where we need to go and here's how we're going to get there."
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Charles W. Forsythe is a founding member of the Forsythe Firm, a Social Security disability advocacy firm in Huntsville, AL.  The firm practices solely in the field of Social Security disability and represents clients in northern Alabama and Middle Tennessee.  (We also have advocates in the Nashville and Franklin, TN. areas). There is no charge unless you win your case and are granted back pay.  Contact us at:  (256) 799-0297.  Click here to visit our web page for more information.

SSDI - WHAT YOU MUST KNOW ABOUT SOCIAL SECURITY DISABILITY

Much of what you see on TV and read in the papers about Social Security disability is myth.  The same goes for the internet.  Separating truth from fiction can be a daunting chore.  As a disability advocate who has appeared before judges and argued on behalf of claimants, I've condensed some vital information into this article.  It isn't everything, but it does include vital and accurate information.  I'd almost call it "SSDI 101."

Your initial application must be correct and complete.  You wouldn't believe how many applications I've seen where only half the forms were completed.  Doctors addresses and telephone numbers omitted.  Dates of service were not given.  Job details are often omitted or improperly stated.  Take your time and complete these forms fully and accurately.

Be prepared to appeal to the next stage.  7 out of 10--yes a full 70 percent of initial applications are denied for one reason or another.  Instead of giving up, appeal all unfavorable decisions.  Awards come to the persistent.  "Don't delay.  Appeal today."  Sadly, only one-half of claimants who are denied will appeal.  Yet, a majority of those who do appeal will be awarded benefits, most of them will get paid all the way back to their alleged onset date.

Be sure you have enough solid medical evidence.  Individuals who have not seen a doctor for their alleged disabling condition are not likely to ever get Social Security disability benefits.  Even if you are not working and have no insurance, SSA expects you to be receiving medical treatment if you have a serious impairment.  The Act requires that you have a serious "medically determinable impairment" before you can be awarded benefits. If you cannot afford a doctor, check into a community free clinic, health department or similar provider.  Get on the Internet and Google "free health clinics in (your hometown)."

Try to get more documentation about your impairment.  Often, medical records alone are not sufficient.  Try to get your doctor to provide specific written testimony about the duration and severity of your symptoms.  Social Security provides two forms for this purpose.  If you have a physical impairment, use form HA-1151.  If you have an emotional/mental impairment, use form HA-1152.  Both of these forms can be downloaded at www.socialsecurity.gov/forms.  The doctor who completes and signs these forms should be a doctor who has treated you for a period of time, otherwise, Social Security won't give the form very much weight.

You must give Social Security a picture of your functional limitations.  You will not be found disabled because you have a particular illness or injury.  For example, having Multiple Sclerosis will not automatically qualify you for disability.  You must show severe functional limitations that make it impossible for you to perform any work on a full time, persistent basis.  What they want to know, for example, are things like:  how long can you sit, stand, walk?  Are you able to stoop, bend, crouch, kneel?  Are you able to meet the mental demands of work, such as remembering and carrying out simple instructions?  Adjusting to usual work situations?  Responding appropriately to supervision, coworkers and others?  Maintaining concentration, persistence and pace for up to 2 hours at a time?  

Document any unusual limitations that prevent working full time.  Some examples would be:  You must keep your feet elevated when sitting for longer than 30 minutes.  You have a medical condition that requires breaks more often than once every 2 hours or breaks that last longer than 15 minutes at a time.  You take medication that makes it dangerous for you to be around machinery.  Your condition would require you to be absent from work more than about 1 to 2 days per month on a persistent basis.  These are the types of things that could make you unable to perform full-time work activity.  They must be documented by your doctor.

Find someone local who can help you at your hearing.  You need someone who is learned and experienced in Social Security law and procedures.  He or she should have handled hundreds of Social Security disability cases.  This would be a professional person.  When I say local, it helps if you can walk in and speak face-to-face with this individual as your prepare for your hearing.  As to the fee, you cannot be charged a fee unless you win your case AND you collect retroactive pay or "back pay" in a lump sum--in addition to future monthly benefits.  The representative's pay will be a small percentage of your back pay.  If you do not collect back pay, the representative is prohibited from charging you any fees.  This is  called a "contingent fee agreement."  The fee is contingent upon winning and collecting money.

Finally, here are the levels of appeal available to you:

1. Initial claim - a decision will be made by your state disability determination agency within 90 to 120 days.  In Alabama, almost 71 percent are denied.
2. Reconsideration - is required in 40 states.  In the other 10 states, including Alabama, you may skip this step and go directly to step 3, a hearing.
3. Hearing before an administrative law judge.  It typically takes 12 months to complete this step.  This is the stage at which most cases are awarded.  The national approval rate for ALJ decisions in 2012 was 52 percent.  Alabama was slightly higher.
4. Step 4 is an appeal to the Appeals Council, a special agency inside the Social Security Administration.  You do not appear at this review; another administrative law judge will review the findings of the hearing judge and take one of 3 actions:
• Refuse to review - allowing the original hearing decision to stand.  This happens in about 75 percent of cases.
• Remand the case for another hearing before an administrative law judge.  This happens in about 22 percent of cases before the Appeals Council.
• Make a direct award.  This happens in only about 3 percent of cases.

     5. If your appeal before the Appeals Council is unfavorable, you may then file a lawsuit  against the Commissioner of Social Security in A US District Court.  This will require the help of an attorney.  Fewer than one percent of all Social Security cases are settled in federal district courts, however. 

Where am I most likely to win my Social Security disability claim?  Statistically, more people win their claims at the hearing before an administrative law judge than at any other step.  It is critical that you have adequate representation at this hearing because this is your best chance to obtain both your past due benefits and future benefits.
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This article was prepared by:
Charles W. Forsythe, MS
The Forsythe Firm
Huntsville, AL 35806
(256) 799-0297

This article is intended for general information only and is not to be considered legal advice for any particular claim or situation.  The Forsythe Firm does not retain any client for representation except by written contract and nothing herein may be construed to be representation in any form.  The Forsythe Firm is not affiliated with the US Social Security Administration.
 

DISABILITY WHILE DRAWING UNEMPLOYMENT

May you apply for Social Security disability benefits while drawing state unemployment benefits?  A question we get pretty often in today's economy.  

First, let me clarify that there is a big difference between disability and unemployment.  They are not at all the same thing.  

In Alabama, you may draw unemployment benefits if you have lost your job through no fault of your own.  But you must be able to work, available for work, and be actively seeking work to qualify for unemployment benefits.  A disabled person by definition is not able to work and therefore, would not qualify for unemployment under state rules.

A disabled person is one who has a physical or mental impairment so severe that it prevents him or her from performing work related activities on a full-time basis.  Full-time usually means 8 hours per day, 5 days per week.

Now to answer the question:  May a person who is drawing unemployment benefits file for Social Security disability?  The short answer is yes.

Unemployment is not wages or earned income, so the income does not count towards the "substantial gainful activity" (SGA) rule.  While Social Security frowns upon a person drawing unemployment while applying for disability, it does not strictly prohibit it.  Recent opinions issued by chief administrative law judges recognize the facts:

• There is no guarantee that filing for Social Security disability will result in a payment.
• Social Security disability can take a long time to be decided.
• An individual should not have to choose between collecting unemployment benefits or filing for Social Security disability.
• Unemployment is just one factor that Social Security will consider when judging whether a claimant is eligible for disability benefits.

At hearings, some judges seem to have more trouble with unemployment benefits than others.  I honestly can't think of a case where I felt that a claimant lost his or her SSDI benefits solely on the fact that he or she was drawing unemployment benefits.  In any event, as I tell my clients, "You can't starve for 12 to 24 months while you're waiting to see if you can get Social Security disability."

June 2013 Update:  A bill was introduced in the US Senate (S. # 1099) on 6/ 6/13 which would eliminate Social Security disability benefits  for any month in which unemployment benefits were received by individuals under full retirement age (66).  As of this writing the bill is still in the Senate Finance Committee and has not been scheduled for a vote.

I Must Work, But Can I Apply for Disability?

Here is an unfortunate situation that we see all too often.  A person is really too sick to work but cannot afford to quit and file for disability.  If a person is working at "substantial gainful activity" (SGA) level, Social Security says he/she is not disabled.  They will not accept a disability application.  SGA level for 2013 is earning at least $1,040 per month before taxes.  Please note that this applies to earned income or wages, not investment or retirement income.

The only solution available to a person who must work is to work below SGA level; that is, to earn less than $1,040 per month. This would usually involve part-time employment. Then, it is possible to apply for Social Security disability while working.

We see people everyday in our practice who really should not be working.  However, as a client told me recently, "If I quit work I'd be on the street."  Sadly, the options are:  quit work and wait out the Social Security disability process, which can take months or years; or, try to get by on earning less than $1,040 per month.

If you need help plowing through the complicated disability process, please call our Huntsville, AL office.  We'd be happy to speak with you and there is no charge for a consultation.  In fact, we make no charge unless we accept your case and help you win back pay benefits.  It's a no risk proposition.

Contact us at (256) 799-0297 or toll free at 1-855-854-CASH.