We are all aware of the physical demands of work: lifting, bending, reaching, standing, walking, kneeling, etc.
But all jobs have mental demands as well. Some jobs have greater mental demands than others.
Social Security law recognizes the following as mental demands required of most workers under SSR 85-15:
All work has mental as
well as physical demands. The mental demands of unskilled sedentary
work are defined by SSR 96-9p and SSR 85-15. Those demands include the abilities (on a sustained basis) to understand,
carry out, and remember simple instructions; to respond appropriately to
supervision, coworkers, and usual work situations; and to deal with
changes in a routine work setting.
Notice that these demands are on a "sustained basis." This means that a worker must be able to fulfill these mental demands at least 8 hours per day, 5 days per week, or on an equivalent schedule.
A worker who suffers from pain, depression, anxiety, PTSD or another mental impairment, may be able to work normally much of the time. However, if there are occasions when symptoms are exacerbated to a point that the mental demands of work cannot be fulfilled, this may be a disability.
For example, a person is able to work most days, but about 3 or 4 days per month he is not able to work a full 8-hour shift. This doesn't permit full-time work because of excessive absences.
Another example, a person is able to report to work 5 days a week, and can remain at work for 8 hours each day--but is off task more than 10 percent of the day due to psychological stress. This may amount to a lack of persistence and be considered a disability.
If I make it sound like disability is easy to get--and all you have to do is complain about feeling stressed, nervous or anxious--then I am giving the wrong impression. Social Security will want extremely well documented medical evidence from a psychologist or psychiatrist which demonstrates a severe impairment. They will want to see a professional medical evaluation to show: (1) the diagnosis or diagnoses involved, (2) the severity of symptoms, (3) how long symptoms have existed and (4) what treatment has been attempted.
Generally, disability benefits will be approved only if the claimant is found unable to perform any full-time work which exists in the national economy.
Many disability cases involve both physical and mental limitations. My job is to put all the pieces together and give Social Security decision makers a complete picture of the claimant's physical and mental health--so they can make a fair decision about disability.
___________
Saturday, April 21, 2018
FIBROMYALGIA AND DISABILITY BENEFITS
Women are 7 times more likely to have fibromyalgia than men. We don't know why. We also don't know the cause of fibromyalgia, though we know the symptoms.
Will Social Security pay disability benefits for fibromyalgia? The answer is, yes maybe--if the symptoms are severe enough to prevent working and if there is really strong medical documentation. The best evidence comes from a rheumatologist.
Social Security now recognizes two sets of criteria for the diagnosis of fibromyalgia: one from 1990 and one from 2010, both from the American College of Rheumatology. The 1990 criteria require the presence of 11 tender points. However, the updated 2010 criteria don't require any tender points at all.
For many years Social Security did not recognize fibromyalgia as a medically determinable impairment. Then, on July 25, 2012, they issued SSR 12.2(p), which does recognize fibromyalgia and defines how they will evaluate it.
Simply proving that you have fibromyalgia will not get a disability benefit. The question is whether your symptoms are severe enough to (a) prevent you from performing any of your past relevant work, if you are 50 years of age or older, or (b) prevent you from performing any work available in the national economy, if you are below age 50.
A careful analysis of your medical records will be necessary for decision makers to answer those questions.
When I represent fibromyalgia patients, I try to get written statements from the treating rheumatologist to pin down specific limitations on work-like activities. With millions of individuals suffering from fibromyalgia, Social Security is not going to award benefits unless there is medical evidence of very severe and debilitating symptoms resulting from the disease.
You may want to read the Social Security Ruling about fibromyalgia. Here is a link to it:
SSR 12.02(P) July 2012
For more information about representation by the Forsythe Firm, go to:
Forsythe Firm Website
Will Social Security pay disability benefits for fibromyalgia? The answer is, yes maybe--if the symptoms are severe enough to prevent working and if there is really strong medical documentation. The best evidence comes from a rheumatologist.
Social Security now recognizes two sets of criteria for the diagnosis of fibromyalgia: one from 1990 and one from 2010, both from the American College of Rheumatology. The 1990 criteria require the presence of 11 tender points. However, the updated 2010 criteria don't require any tender points at all.
For many years Social Security did not recognize fibromyalgia as a medically determinable impairment. Then, on July 25, 2012, they issued SSR 12.2(p), which does recognize fibromyalgia and defines how they will evaluate it.
Simply proving that you have fibromyalgia will not get a disability benefit. The question is whether your symptoms are severe enough to (a) prevent you from performing any of your past relevant work, if you are 50 years of age or older, or (b) prevent you from performing any work available in the national economy, if you are below age 50.
A careful analysis of your medical records will be necessary for decision makers to answer those questions.
When I represent fibromyalgia patients, I try to get written statements from the treating rheumatologist to pin down specific limitations on work-like activities. With millions of individuals suffering from fibromyalgia, Social Security is not going to award benefits unless there is medical evidence of very severe and debilitating symptoms resulting from the disease.
You may want to read the Social Security Ruling about fibromyalgia. Here is a link to it:
SSR 12.02(P) July 2012
For more information about representation by the Forsythe Firm, go to:
Forsythe Firm Website
Wednesday, April 18, 2018
7 SIGNS THAT YOU HAVE A STRONG DISABILITY CLAIM
Having represented thousands of disability claims over the years, I have learned to recognize the signs of a really strong disability claim. Here are 7 of them.
1. Your doctor recommended that you file for disability. You should get your doctor to provide a written Medical Source Statement supporting your claim.
2. You have a long, steady work history. The longer you have worked the more credible your claim is.
3. Your past work required standing, walking and a great deal of lifting. In other words, it require rather heavy physical exertion, not sitting behind a desk all day.
4. You have tried to keep working but failed because symptoms were just too severe.
5. You have worked at least 5 out of the last 10-year period. This is the usual requirement to be covered (insured) by Social Security disability insurance.
Keep in mind that even solid claims get denied--and this happens more often than it should. It is usually necessary to appeal a denied claim twice and take it before an administrative law judge for a hearing to get paid. In fact, over two-thirds of all claims filed in Alabama wind up before a judge.
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
1. Your doctor recommended that you file for disability. You should get your doctor to provide a written Medical Source Statement supporting your claim.
2. You have a long, steady work history. The longer you have worked the more credible your claim is.
3. Your past work required standing, walking and a great deal of lifting. In other words, it require rather heavy physical exertion, not sitting behind a desk all day.
4. You have tried to keep working but failed because symptoms were just too severe.
5. You have worked at least 5 out of the last 10-year period. This is the usual requirement to be covered (insured) by Social Security disability insurance.
6. There are consistent and recent medical documents to support your disability. These should usually include MRI, CT scan, X-ray or other objective diagnostic tests.
7. You are at least 50 years old when you claim to become disabled. Younger claimants do get benefits sometimes; however, claimants age 50 or over have a much better chance due to favorable grid rules.
Keep in mind that even solid claims get denied--and this happens more often than it should. It is usually necessary to appeal a denied claim twice and take it before an administrative law judge for a hearing to get paid. In fact, over two-thirds of all claims filed in Alabama wind up before a judge.
My firm specializes in representing claimants before the Social Security Administration at hearings. We will evaluate your case for free--and we will never charge you a fee until after you get paid, including your back pay. When your case is favorably decided, you keep 100 percent of your monthly checks.
If we don't win, you don't pay.
__________The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
"FREEDOM CHECKS" AND OTHER SCAMS - BE AWARE
I came across an ad (that doesn't look like an ad) on the internet recently, telling folks about an easy way to get a lot of money. Supposedly, almost anyone--any age or any financial status--can get a nice "freedom check."
The ad makes it appear that these checks come from the US Government and that they are so lucrative that they make Social Security pale by comparison. One man, the ad says, received over $160,000.
These type of ads appeal to people, of course, and before you know it--zap--you have been scammed! Believe me, there is no free money out there just by asking for it!
Here's the truth:
1) The so-called Freedom Checks are a figment of someone's imagination. The government has no such program and knows nothing about "freedom checks." Call your congressman and ask him what a Freedom Check is and he will tell you there is no such thing. Even the name is fictitious.
2) Some people claim that Freedom Checks are being given by the oil industry. This claim came about after it was proven that the government is definitely not involved. However, I can assure you that the oil industry is not interested in giving away their money. This is a smokescreen to cover up the scam.
3) The purpose of the ad for Freedom Checks is to take your money, not give you money. In order to get information about these "checks," you have to pay $49 for a newsletter. There is nothing in it for you. Of course, you will get the newsletter, but that's all you get.
I hate to see individuals who are already struggling to make ends meet waste money on a scam. Believe me, if the US government, or anybody else, were giving away billions of dollars--you would not have to pay $49 for a newsletter to lean about it.
If there was free money out there, I would tell you. I would even try to get some for myself if it was honest. There are hundreds of legitimate agencies that help the poor, the disabled and the disadvantaged. These agencies would be directing people to the free money as fast as they could. There would be a riot to sign up. You would not need to pay someone $49 for a newsletter to get information.
Please, save your money. If it sounds too good to be true, it is. If it sounds phony, it probably is. If you have to pay for the information, someone else is making the money, not you. Unless you really want a $49 newsletter, save your money and buy food, medicine or pay a doctor bill.
Please get some good advice before you pay anyone who promises you free, easy money. Talk to your pastor, your banker, or call the Better Business Bureau. Chances are the BBB has heard of these scams before. Don't fall victim.
The ad makes it appear that these checks come from the US Government and that they are so lucrative that they make Social Security pale by comparison. One man, the ad says, received over $160,000.
These type of ads appeal to people, of course, and before you know it--zap--you have been scammed! Believe me, there is no free money out there just by asking for it!
Here's the truth:
1) The so-called Freedom Checks are a figment of someone's imagination. The government has no such program and knows nothing about "freedom checks." Call your congressman and ask him what a Freedom Check is and he will tell you there is no such thing. Even the name is fictitious.
2) Some people claim that Freedom Checks are being given by the oil industry. This claim came about after it was proven that the government is definitely not involved. However, I can assure you that the oil industry is not interested in giving away their money. This is a smokescreen to cover up the scam.
3) The purpose of the ad for Freedom Checks is to take your money, not give you money. In order to get information about these "checks," you have to pay $49 for a newsletter. There is nothing in it for you. Of course, you will get the newsletter, but that's all you get.
I hate to see individuals who are already struggling to make ends meet waste money on a scam. Believe me, if the US government, or anybody else, were giving away billions of dollars--you would not have to pay $49 for a newsletter to lean about it.
If there was free money out there, I would tell you. I would even try to get some for myself if it was honest. There are hundreds of legitimate agencies that help the poor, the disabled and the disadvantaged. These agencies would be directing people to the free money as fast as they could. There would be a riot to sign up. You would not need to pay someone $49 for a newsletter to get information.
Please, save your money. If it sounds too good to be true, it is. If it sounds phony, it probably is. If you have to pay for the information, someone else is making the money, not you. Unless you really want a $49 newsletter, save your money and buy food, medicine or pay a doctor bill.
Please get some good advice before you pay anyone who promises you free, easy money. Talk to your pastor, your banker, or call the Better Business Bureau. Chances are the BBB has heard of these scams before. Don't fall victim.
Wednesday, April 11, 2018
DENIED - BECAUSE YOU FEED YOUR DOG?
Can you be denied Social Security benefits because you feed your dog, take walks or do the laundry? Absolutely.
On the Function Report, part of a Social Security disability application, you are asked about all kind of daily activities. Do you care for any pets? Do you cook? Do you shop? Do you drive? Can you do housework? How far can you walk?
Since individuals who apply for Social Security benefits are not working, they can't ask you about difficulties with work related chores. Instead they ask about activities of daily living--things you commonly do around your house.
A recent denial letter says: "You state that you are disabled by osteoarthritis, diabetes, depression and anxiety. However, you can perform most activities and are able to perform some work as it exists in the national economy."
Social Security uses the Function Report for a picture of how robust your daily activities are. Most claimants rush through this rather exhaustive form, hoping to finish it in a couple of hours, and in doing so they fail to adequately describe limitations in their daily routines.
Take time to read each question on the Function Report carefully. Write each answer carefully and be as specific as possible. Instead of phrases like "not much" or "not very often," use phrases like "ten to fifteen minutes," or "once or twice a week." Be sure to state how often you need a break while doing household chores like cooking, shopping, laundry, etc.
On the Function Report, part of a Social Security disability application, you are asked about all kind of daily activities. Do you care for any pets? Do you cook? Do you shop? Do you drive? Can you do housework? How far can you walk?
Since individuals who apply for Social Security benefits are not working, they can't ask you about difficulties with work related chores. Instead they ask about activities of daily living--things you commonly do around your house.
A recent denial letter says: "You state that you are disabled by osteoarthritis, diabetes, depression and anxiety. However, you can perform most activities and are able to perform some work as it exists in the national economy."
Social Security uses the Function Report for a picture of how robust your daily activities are. Most claimants rush through this rather exhaustive form, hoping to finish it in a couple of hours, and in doing so they fail to adequately describe limitations in their daily routines.
Take time to read each question on the Function Report carefully. Write each answer carefully and be as specific as possible. Instead of phrases like "not much" or "not very often," use phrases like "ten to fifteen minutes," or "once or twice a week." Be sure to state how often you need a break while doing household chores like cooking, shopping, laundry, etc.
KEEP 100 PERCENT OF YOUR MONTHLY DISABILITY CHECKS
If we represent you in a Social Security disability claim or appeal, we guarantee that you can keep 100 percent of your monthly disability checks.
Our fee will never touch your monthly benefit checks. Those are yours to keep, 100 percent, always.
Also, if your claim or appeal is not successful, we will never ask for a fee, no matter how much work we have done.
OK, what if your claim is successful? Our fee would be approved by the Social Security Administration - and it usually amounts to a small percentage of the back pay that you are awarded. Social Security deducts the fee from your back pay and pays us directly.
Hiring quality representation for your SSDI claim will never reduce your monthly benefits.
Our fee will never touch your monthly benefit checks. Those are yours to keep, 100 percent, always.
Also, if your claim or appeal is not successful, we will never ask for a fee, no matter how much work we have done.
OK, what if your claim is successful? Our fee would be approved by the Social Security Administration - and it usually amounts to a small percentage of the back pay that you are awarded. Social Security deducts the fee from your back pay and pays us directly.
Hiring quality representation for your SSDI claim will never reduce your monthly benefits.
Tuesday, April 10, 2018
TRICK QUESTIONS AT DISABIITY TRIALS
I call them "trick questions." I'm not sure the judge thinks of them as trick questions--but they can puzzle claimants and lead down a path that you don't want to go.
What are some of these questions? There are many of them but I'll give 2 or 3.
# 1. "Why did you stop working back in (year)?" Or, "How did your job at (Employer) end?"
If you can't honestly answer, "I had to stop working because I became unable to do my job," then you are probably not a good candidate for Social Security disability. Remember that Social Security (SSDI) is a disability program. It pays for disability and nothing else. If you stopped working for any reason other than a physical and/or mental impairment that made you unable to work, you will not qualify for SSDI benefits.
#2: "Did you look for other work after you left (Employer)?"
If you looked for another job, it leave the impression that (a) you considered yourself able to work and still in the job market, and (b) the only reason you are not working is because you couldn't find a job. Both of these conclusions would have a very negative impact on a disability claim. Can you honestly answer, "I did not look for work because I didn't believe I was able to work"?
#3: "You may not be able to do the kind of work you have done in the past; but do you feel there may be easier or lighter work that you can perform? For example, if you had a job without much standing, walking, lifting or bending--could you do that kind of work?
In most cases, especially with claimants under age 50, if you are able to perform ANY type of full-time work, you will be denied SSDI benefits. For example, you can no longer do construction work but you could be a garment folder, a ticket taker or a document preparer.
There are many tasks involved with full-time work that do not involve standing, walking, bending or lifting. Are you able to work 8-hours every day, 5 days per week? How many days per month would you be absent because of health problems? Are you able to perform the mental tasks of full-time work, such as concentrating for prolonged periods, getting along with coworkers and supervisors or understanding, remembering and carrying out simple instructions?
If you can work most days but not on a "regular and continual" basis, you probably meet Social Security's definition of disabled. If you could work 3 or 4 days per week but not 5, you are legally disabled. If you can work 5 or 6 hours per day--but not 8 hours, you are disabled. If you require special accommodations--such as extra or longer breaks--you may be disabled.
A judge must review your objective medical evidence along with your truthful testimony at the hearing and decide if you meet Social Security's rules for SSDI or SSI benefits.
Never hesitate to ask that a question be clarified or explained before you try to answer it. Be sure you understand the question before you try to answer. Questions that seem tricky or puzzling may not be once you have had time to think about them.
What are some of these questions? There are many of them but I'll give 2 or 3.
# 1. "Why did you stop working back in (year)?" Or, "How did your job at (Employer) end?"
If you can't honestly answer, "I had to stop working because I became unable to do my job," then you are probably not a good candidate for Social Security disability. Remember that Social Security (SSDI) is a disability program. It pays for disability and nothing else. If you stopped working for any reason other than a physical and/or mental impairment that made you unable to work, you will not qualify for SSDI benefits.
#2: "Did you look for other work after you left (Employer)?"
If you looked for another job, it leave the impression that (a) you considered yourself able to work and still in the job market, and (b) the only reason you are not working is because you couldn't find a job. Both of these conclusions would have a very negative impact on a disability claim. Can you honestly answer, "I did not look for work because I didn't believe I was able to work"?
#3: "You may not be able to do the kind of work you have done in the past; but do you feel there may be easier or lighter work that you can perform? For example, if you had a job without much standing, walking, lifting or bending--could you do that kind of work?
In most cases, especially with claimants under age 50, if you are able to perform ANY type of full-time work, you will be denied SSDI benefits. For example, you can no longer do construction work but you could be a garment folder, a ticket taker or a document preparer.
There are many tasks involved with full-time work that do not involve standing, walking, bending or lifting. Are you able to work 8-hours every day, 5 days per week? How many days per month would you be absent because of health problems? Are you able to perform the mental tasks of full-time work, such as concentrating for prolonged periods, getting along with coworkers and supervisors or understanding, remembering and carrying out simple instructions?
If you can work most days but not on a "regular and continual" basis, you probably meet Social Security's definition of disabled. If you could work 3 or 4 days per week but not 5, you are legally disabled. If you can work 5 or 6 hours per day--but not 8 hours, you are disabled. If you require special accommodations--such as extra or longer breaks--you may be disabled.
A judge must review your objective medical evidence along with your truthful testimony at the hearing and decide if you meet Social Security's rules for SSDI or SSI benefits.
Never hesitate to ask that a question be clarified or explained before you try to answer it. Be sure you understand the question before you try to answer. Questions that seem tricky or puzzling may not be once you have had time to think about them.
TV LAWYERS and SOCIAL SECURITY
A lot of people tell me they called a firm that they saw on late night TV commercials for help with their Social Security appeal.
On the day of the hearing, they met their lawyer for the very first time--about 30 minutes before the hearing began. And the guy who showed up was nothing like the guy they saw on TV.
Most of the time, TV commercials are made by actors, not by lawyers. These guys are hired because of the way they look and talk.
On the day of your hearing, the out of state firm you hired will not fly someone down to Huntsville to appear at your hearing. They will contract with a local, north Alabama representative to appear at your hearing. The only problem is, you have had absolutely no say so in who that representative will be.
Some questions you might want to ask if you call one of those 1-800 phone numbers from the late night TV commercials:
1) Who is going to show up at my hearing to represent me? Can you give me a name and phone number for that person?
2) How soon will I be able to meet that individual?
3) Does your firm have an office in Alabama? Do you have one near the community I live in?
Do you want more say-so in who your representative is going to be? Then you may want to hire a local advocate or attorney, one you can meet and talk to before you hire him or her. If you call one of those 800 numbers from late night TV, they will choose your representative and you get no say at all.
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