Social Security has compiled a list of catastrophic illnesses that can qualify quickly for disability benefits under their Compassionate Allowances Program.
At a time when the traditional path to disability benefits can take 24 months or more, this is a welcome program for the persons who suffer from one of these terrible illnesses.
Click here to see the entire list of more than 250 diseases and conditions that may qualify for a compassionate allowance.
https://www.ssa.gov/compassionateallowances/cal_faqs.htm
Click here to contact the Forsythe Firm
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, April 5, 2017
QUICK DISABILITY DECISIONS FOR COMPASSIONATE ALLOWANCES
The Social Security Administration has compiled a list of catastrophic diseases that qualify for fast tracking and quicker approval for disability benefits. This is called the Compassionate Allowances Program.
At a time when the traditional path to Social Security disability benefits can take 24 months or longer, this is a relief for persons suffering from one of these horrible illnesses.
Click below to see the complete list of diseases and conditions that can qualify for a compassionate allowance.
https://www.ssa.gov/compassionateallowances/cal_faqs.htm
At a time when the traditional path to Social Security disability benefits can take 24 months or longer, this is a relief for persons suffering from one of these horrible illnesses.
Click below to see the complete list of diseases and conditions that can qualify for a compassionate allowance.
https://www.ssa.gov/compassionateallowances/cal_faqs.htm
NEW RULES OF EVIDENCE START 3/27/17
Things change. Social Security certainly does.
Beginning March 27, 2017, Social Security has adopted a new rule that may make it even harder to get a disability benefit approved.
Previously, Social Security gave additional weight to the opinion of the claimant's personal, treating doctor. So, if the Social Security doctor said that you have no severe impairment and your doctor said that you do, your doctor's opinion got more weight. (The theory: Your doctor knows you better than a one-time examiner).
No longer. Now, the opinion of all treating sources can be given the same weight by decision makers. That means that a Social Security doctor who saw you one time for fifteen minutes can be given as much weight as your doctor who has treated you for 25 years. Worse yet, a Social Security doctor in Birmingham who has never met you, but only reviews your records, can be given as much weight as your treating doctor. Social Security is supposed to look at the opinion of each doctor and decide which one is most "convincing."
I believe this new rule is a reaction to two things which Social Security and the Congress saw as big problems:
1). It's a response to "doctor shopping," where claimants or their lawyers go find a doctor willing to support a disability claim. In a few cases, a doctor has fraudulently given a favorable medical opinion for cash--as in the now infamous case in Kentucky. This was, however, a very rare and isolated incident.
2) Congress has been concerned that too many claimants are being approved for diseases that are difficult to prove with objective medical evidence. Mental illness, fibromyalgia, chronic pain syndrome, chronic fatigue, migraines, etc. have no medical test that can verify the illness. Social Security has been told to put its foot down. And it did.
This new rule is open for abuse by Social Security decision makers. I hope it will not hapen, but it could. The new rule provides judges and other decision makers an opportunity to deny claims, even when the claimant's doctor is saying that a severe and disabling impairment is present. All you need now is one other doctor to say the opposite. And, as we all know, Social Security has no shortage of those doctors.
https://www.federalregister.gov/documents/2017/01/18/2017-00455/revisions-to-rules-regarding-the-evaluation-of-medical-evidence
Beginning March 27, 2017, Social Security has adopted a new rule that may make it even harder to get a disability benefit approved.
Previously, Social Security gave additional weight to the opinion of the claimant's personal, treating doctor. So, if the Social Security doctor said that you have no severe impairment and your doctor said that you do, your doctor's opinion got more weight. (The theory: Your doctor knows you better than a one-time examiner).
No longer. Now, the opinion of all treating sources can be given the same weight by decision makers. That means that a Social Security doctor who saw you one time for fifteen minutes can be given as much weight as your doctor who has treated you for 25 years. Worse yet, a Social Security doctor in Birmingham who has never met you, but only reviews your records, can be given as much weight as your treating doctor. Social Security is supposed to look at the opinion of each doctor and decide which one is most "convincing."
I believe this new rule is a reaction to two things which Social Security and the Congress saw as big problems:
1). It's a response to "doctor shopping," where claimants or their lawyers go find a doctor willing to support a disability claim. In a few cases, a doctor has fraudulently given a favorable medical opinion for cash--as in the now infamous case in Kentucky. This was, however, a very rare and isolated incident.
2) Congress has been concerned that too many claimants are being approved for diseases that are difficult to prove with objective medical evidence. Mental illness, fibromyalgia, chronic pain syndrome, chronic fatigue, migraines, etc. have no medical test that can verify the illness. Social Security has been told to put its foot down. And it did.
This new rule is open for abuse by Social Security decision makers. I hope it will not hapen, but it could. The new rule provides judges and other decision makers an opportunity to deny claims, even when the claimant's doctor is saying that a severe and disabling impairment is present. All you need now is one other doctor to say the opposite. And, as we all know, Social Security has no shortage of those doctors.
https://www.federalregister.gov/documents/2017/01/18/2017-00455/revisions-to-rules-regarding-the-evaluation-of-medical-evidence
HOW DOES 'BACK PAY' HAPPEN?
Back pay, also called "past due benefits" refers to the lump sum settlement that Social Security pays the claimant when the claim is first decided in the claimant's favor.
Back pay is also the amount from which any
attorney's fee can be paid.
Back pay can accumulate in either of 2 ways:
1) You file an application several months AFTER you become disabled and Social Security pays you back to the date of disability. For instance, you become disabled on 6/1/14 but don't file your claim until 6/1/15. You are allowed to go back and pick up 12 months of back pay.
2) Social Security takes a long time to approve you. Let's say you file an application for disability on 6/1/14 and get denied. You file and appeal and have to wait a year for a hearing (very common). If you eventually get approved, Social Security will owe you several months of back pay. In this case, they will owe about 18 months in back pay.
What will my attorney usually get? Your representative cannot get more than 25 percent of your back pay. There is also a cap on that fee as a dollar amount.
Can the attorney get any part of my future monthly disability payments? No. Social Security will not allow your representative to take any part of your monthly payments. This is highly regulated in the federal law. Also, if you win your case but don't receive any back pay, there cannot be any attorney's fee.
LEARN MORE ABOUT HOW WE CAN HELP YOU
Back pay is also the amount from which any
attorney's fee can be paid.
Back pay can accumulate in either of 2 ways:
1) You file an application several months AFTER you become disabled and Social Security pays you back to the date of disability. For instance, you become disabled on 6/1/14 but don't file your claim until 6/1/15. You are allowed to go back and pick up 12 months of back pay.
2) Social Security takes a long time to approve you. Let's say you file an application for disability on 6/1/14 and get denied. You file and appeal and have to wait a year for a hearing (very common). If you eventually get approved, Social Security will owe you several months of back pay. In this case, they will owe about 18 months in back pay.
What will my attorney usually get? Your representative cannot get more than 25 percent of your back pay. There is also a cap on that fee as a dollar amount.
Can the attorney get any part of my future monthly disability payments? No. Social Security will not allow your representative to take any part of your monthly payments. This is highly regulated in the federal law. Also, if you win your case but don't receive any back pay, there cannot be any attorney's fee.
LEARN MORE ABOUT HOW WE CAN HELP YOU
Saturday, April 1, 2017
ALABAMA WAIT TIMES FOR HEARINGS
UPDATE....UPDATE...UPDATE...
As of 9/5/17, I am telling people to expect a wait of at least 24 months to get a hearing. The wait times are getting longer, not shorter. I am now getting hearings scheduled for appeals that were filed back in 2014 and 2015. Please realize, this is not your representative's fault. It is the fault of the Social Security Administration and their back log of cases.
The average waiting time to get a Social Security disability hearing varies from city to city. In Fort Smith, Arkansas the average wait for a hearing is now only 7 months. But in Pittsburg, the wait is 20 months.
What's it like here in Alabama? In Florence, the ODAR website says the average wait is 12.5 months (however, I think that is a very optimistic number). In Birmingham, the wait is listed as 18 months. Down in Mobile, people are waiting 16 months to get a hearing. The national average is now 16.8 months. It's an interesting anomaly but the wait time for a hearing in Huntsville or Madison County is several months longer. I discuss this more below.
Question: Can I cut my waiting time by agreeing to a hearing by video teleconference (VTC)?
In my experience, no you cannot. Social Security for several years implied that video teleconferencing would get you a quicker hearing. I have not found that to be so. I was looking at the Florence, AL ODAR website recently and was not surprised to find that a very high percentage of their hearings are now being done in person. I assume this is because claimants' attorneys and representatives are opting out of video hearings and insisting on in-person hearings. I have tried VTC hearings several times and did not feel that there was any shorter wait because of the video hearing.
HUNTSVILLE HEARING PROBLEM: I will add that waiting times for the Huntsville, AL area are much longer than for other north Alabama locations. The reason for that is that there's only one hearing room available in Huntsville (if you can believe that). When I file an appeal, I request the hearing to be scheduled for the first location available and waive the travel expense. In short, the claimant and I agree to get out of Huntsville and travel to Florence or Cullman if we can get a hearing sooner in one of those towns.
As of 9/5/17, I am telling people to expect a wait of at least 24 months to get a hearing. The wait times are getting longer, not shorter. I am now getting hearings scheduled for appeals that were filed back in 2014 and 2015. Please realize, this is not your representative's fault. It is the fault of the Social Security Administration and their back log of cases.
The average waiting time to get a Social Security disability hearing varies from city to city. In Fort Smith, Arkansas the average wait for a hearing is now only 7 months. But in Pittsburg, the wait is 20 months.
What's it like here in Alabama? In Florence, the ODAR website says the average wait is 12.5 months (however, I think that is a very optimistic number). In Birmingham, the wait is listed as 18 months. Down in Mobile, people are waiting 16 months to get a hearing. The national average is now 16.8 months. It's an interesting anomaly but the wait time for a hearing in Huntsville or Madison County is several months longer. I discuss this more below.
Question: Can I cut my waiting time by agreeing to a hearing by video teleconference (VTC)?
In my experience, no you cannot. Social Security for several years implied that video teleconferencing would get you a quicker hearing. I have not found that to be so. I was looking at the Florence, AL ODAR website recently and was not surprised to find that a very high percentage of their hearings are now being done in person. I assume this is because claimants' attorneys and representatives are opting out of video hearings and insisting on in-person hearings. I have tried VTC hearings several times and did not feel that there was any shorter wait because of the video hearing.
HUNTSVILLE HEARING PROBLEM: I will add that waiting times for the Huntsville, AL area are much longer than for other north Alabama locations. The reason for that is that there's only one hearing room available in Huntsville (if you can believe that). When I file an appeal, I request the hearing to be scheduled for the first location available and waive the travel expense. In short, the claimant and I agree to get out of Huntsville and travel to Florence or Cullman if we can get a hearing sooner in one of those towns.
HOW TO GET SOCIAL SECURITY DISABILITY BENEFITS WITH NO WORK HISTORY
Social Security disability (SSDI) benefits are available only to persons who have worked long enough, and recently enough, to be covered. These benefits may be available to workers who have paid FICA taxes to the Social Security trust fund for a number of years.
But what about persons who have either never worked or who stopped working a long time ago and are not covered by SSDI? Another program called Supplemental Security Income (SSI) is still available. And SSI requires no work history, no tax payments into the trust fund to be eligible.
The 2 requirements for SSI benefits are:
1). Proof of a medical disability,the same as would be required for a SSDI claim, and
2) Meeting the restricted income and financial resource guides for SSI (which would NOT be required for SSDI).
But what about persons who have either never worked or who stopped working a long time ago and are not covered by SSDI? Another program called Supplemental Security Income (SSI) is still available. And SSI requires no work history, no tax payments into the trust fund to be eligible.
The 2 requirements for SSI benefits are:
1). Proof of a medical disability,the same as would be required for a SSDI claim, and
2) Meeting the restricted income and financial resource guides for SSI (which would NOT be required for SSDI).
Saturday, March 18, 2017
WE CAN HELP WITH DISABILITY BENEFITS
For the past decade, the Forsythe Firm has been helping the disabled to get Social Security disability benefits. We have helped hundreds of people, just like you. Our practice areas include
⇨ Initial Applications and Forms
⇨ Administrative Appeals
⇨ Hearings before Administrative Law Judges
⇨ Federal Administrative Appeals
We may be able to help you if you suffer with
TERMS OF SERVICE: We will never charge you a fee until two things happen: (1) You win your disability claim, and also (2) recover back pay or past due benefits. Initial consultations and claim evaluations are free and without obligation. You can pursue your claim without paying any money upfront and without running up legal bills if you don't win. If you win and recover past due money, Social Security will withhold our fee and pay us directly.
- Back or neck pain
- Degenerative Disc or Joint Disease
- Migraine Headaches
- Fibromyalgia
- Blindness
- Cancer and leukemia
- Diabetes or other Endocrine disorders
- Heart disease (heart attack)
- Anxiety, depression, PTSD or schizophrenia
- Traumatic brain injury
- Amputations
- Chronic liver disease
- HIV and AIDS
- COPD or obstructive lung disease
- Arthritis (osteoarthritis or rheumatoid arthritis)
- Schizophrenia
- Multiple sclerosis
- Lupus
- Other auto-immune disorders
- Intellectual disability
- Other medical problems that prevent you from working
TERMS OF SERVICE: We will never charge you a fee until two things happen: (1) You win your disability claim, and also (2) recover back pay or past due benefits. Initial consultations and claim evaluations are free and without obligation. You can pursue your claim without paying any money upfront and without running up legal bills if you don't win. If you win and recover past due money, Social Security will withhold our fee and pay us directly.
The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONES (256) 799-0297 or (256) 431-1599
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