Monday, September 28, 2020

YOUR CHANCES AT THE FLORENCE HEARING OFFICE

When your Social Security disability claim is denied you appear before an administrative law judge for a hearing.  Most hearings in our area are assigned to an administrative law judge in the Office of Hearings Operations (OHO) in Florence, AL.

 You chance of getting paid does not depend all that much on the type of disability you have, the medical evidence, or the opinion of your doctors.  It depends, as much as anything else, on the judge who is assigned to hear your case.  Judges have different personalities, different styles and apparently different views about disability.

Some judges may pay over 70 percent of the cases they hear, while others may pay as as low as 19 percent of their hearings.

Do some judges hear essentially different types of cases so that fact would account for the radically different award rates?  No, since cases are assigned at random on an equal basis to all judges in the office.  It's not like one judge is hearing cancer cases and another is only hearing less serious medical impairments.  They all hear the same type of cases over a period of a year or two.

Based on data provided by OpenGov@Social Security, here are the recent award (approval) rates of judges in the Florence hearing office, highest to lowest:

Judge A     84 percent     (awarded 168 out of 221 cases)

Judge B     76 percent     (awarded 371 out of 441 cases)

Judge C     68 percent     (awarded 271 out of 398 cases)

Judge D     53 percent     (awarded 83 out of 257 cases)

Judge E     35 percent     (awarded 108 out of 305 cases)

Judge F      20 percent     (awarded 64 out of 316 cases)

Judge G      19 percent     (awarded 42 out of 221 cases)

So, if you are coming up for a hearing, the single biggest factor seems to be which judge will be assigned to your case.

As you can see, there is little uniformity among the judges.  As Dirty Harry would ask, "Do you feel lucky?"

So on a lucky day you could walk into a hearing with judge B and have a much higher chance of approval compared to appearing before judge F or G on the unluckiest day of your life.

 

 

 

 

Sunday, September 20, 2020

HOW TO TELL IF YOUR DISABILITY HEARING WENT WELL

 

Since most Social Security disability claims are WON at the hearing level, it pays to take the hearing seriously and prepare well. You only get one hearing.

At the end of the hearing, which lasts about 45 minutes, you are wondering, "How did I do? Did that go well? Did I win?"

Sometimes, judges will simply announce their decision at the end of the hearing, which is called a bench decision.

But more often, judges will leave you dangling with something like, "Thank you for coming in today, and I will get my decision in the mail as soon as possible." Expect it to take between 3 and 8 weeks to get that Notice of Decision in the mail. You can't call anyone to get an early answer.

Can you tell if you had a winning hearing and will be awarded benefits? That's tough and there's no sure way to know if the judge doesn't tell you. But there are some very good indicators that you may have won or been approved:

  1. It is stated by a medical expert that you meet or equal a certain Listing level impairment, which means that approval should be automatic. (There isn't a medical expert at every hearing).
  2. In response to the judge's hypothetical questions, the vocational witness stated that you cannot perform any of your past work and that there are no other jobs in the national economy that you could perform. Note: Most judges ask several hypothetical questions, and very often the vocational expert's answers are a mixed bag. To question 1, there is no work. To question 2, there is no work. But to question 3, the expert finds examples of 3 jobs that you could perform. Now, you don't know which answer the judge will use to form the decision.
What can you do following the hearing? Not much. Continue to follow medical treatment. Don't drive yourself crazy checking the mailbox every day. Your attorney/representative will probably contact you about your decision before the letter comes in the mail because the attorney gets advance notice of the decision (about 5 days before you get it).

Remember, most claims are won at the hearing level, not before. Take every precaution to have a good hearing and put forth your best evidence. This probably means appointing a lawyer or qualified disability advocate to help you prepare and to attend the hearing with you. There are studies that show you are 3 times more likely to win if you are represented. That is significant!
 

Friday, September 18, 2020

YOU CAN APPLY FOR RETIRMENT AND DISABILITY AT THE SAME TIME

 

If you are about to reach age 62, then Social Security retirement benefits are available to you (at a reduced amount compared to full retirement age). You really don't have to do anything, except file an application to start receiving early retirement benefits. It will be automatically approved based on the fact that you are 62 years old. You should apply about 4 months before your 62nd birthday because it takes a while to process paperwork.

Now the question: If you file for early retirement benefits at 62, can you still file for disability benefits? Why would you want to?


Yes, you can file for Social Security disability insurance (SSDI) benefits any time before reaching your full retirement age (around 66 or 67 for most individuals). Why would you want to if you're already getting early retirement?

Because early retirement at age 62 gives you a reduced benefit, while Social Security disability gives you the full benefit. In short, disability benefits pay more than early retirement. In fact, if you take early retirement at 62, your benefit will be reduced by approximately 30 percent compared to your benefit at full retirement age. So, you get it early but you take a reduction. And the reduced benefit never goes up--even after reaching your full retirement age.

Let's use a simple example, using a fictitious person we will call "Jack.
Jack will turn 62 on October 13, 2019. He needs some income, so he files for Social Security retirement about 4 months prior to his birthday. His retirement check will start in October.

Jack begins to think about the fact that he is not really able to work. In fact, his doctor has told him several times that he couldn't do any full-time work. Jack decides to also file a Social Security disability claim.

Jack's disability claim is denied at first because Social Security does not find that his medical conditions meet their requirements for disability. Jack gets a lawyer and appeals his denial; however, the claim drags on for over a year in appeals.

In October, Jack begins receiving his early retirment check from Social Security (because he just turned 62). His reduced check is for $1,120 per month.

About a year later, however, Social Security approves Jack's disability claim. What happens now.

Social Security will retroactively pay Jack the higher amount for disability, dating back to the date he became disabled (not the date the claim settled). So, let's say Jack's disability benefit is $1,480 per month. Social Security raises his check from $1,120 per month (his early retirement amount) to $1,480 per month (his disability benefit). He will receive the higher monthly payment permanently. At full retirment age (66 or 67), the benefit automatically converts to a retirement benefit but the amount does not change. It never will, except for small cost-of-living (COLA) adjustments.

SUMMARY: If you need the money, go ahead and apply for early retirement at age 62. Start getting that income each month. If you feel you are medically unable to work,. also file a Social Security disability claim. If you never win the disability claim, you keep getting early retirement benefits. If you eventually win your disability claim, your benefit amount will increase.

Yes you CAN file for both early retirement and SSDI at the same time! And maybe you should.






COVID LINGERS....BUSINESS GOES ON....WHAT CAN WE DO?

Everyone is taking COVID seriously.  But life must go on.  For those needing disability benefits, it is especially  essential that business go on and claims get paid.  So, as our vital mission continues....what can we do to assure safety?

Here are a things the Forsythe Firm is doing to ensure safety:

1.  More telephone consultations when possible.

2.  Sanitize the offices and common areas frequently

3.  Schedule visitors or guests one at a time; no crowded lobbies

4.  Practice social distancing and use masks when possible

5.  Avoid  large group meetings; only 2 guests for any meeting 

6.  Keep hand sanitizer and complimentary masks available

7.  Take special care with elderly or chronically ill persons

COVID-19 is slowing down the process of applying for Social Security disability benefits.  If your claim is stuck somewhere in the process, our job is to get it moving again--hopefully toward approval.  In doing that urgent business, we will be careful to protect health and safety.

If you're planning a visit to our office, please feel free to tell us about any special health concerns you have, or safety considerations that will make you feel more safe and protected during your visit.

But, please, if you are disabled, don't wait and do nothing for fear of COVID-19.  It looks like COVID is going to be with us for quite a while  and you need to receive your benefits.  You can be safe and pursue your SSDI benefits at the same time.

 Call us at (256) 799-0297.  The consultation is free.

Or...check our informative website:  Disability Website Huntsville

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 NO FEE FOR OUR HELP UNLESS YOU GET PAST DUE BENEFITS.  YOU WIN OR YOU NEVER PAY.



 

Sunday, September 6, 2020

ALL YOUR QUESTIONS ABOUT SOCIAL SECURITY DISABILITY (YES, WITH ANSWERS)!

 We've been disability advocates for decades.  And we recently put our heads together to answer questions that almost everyone wants to know before they apply for disability benefits.

Of course, space here is limited, so we haven't given excessive details.  So, if you need a specific question answered--or you need more detailed answers--we are always happy to get your free phone call.  Here are the questions:

Who Qualifies for Social Security Disability?

  • 1.  You have worked at least 5 out of the most recent 10-year period and accumulated enough work credits to have insured status (applies to SSDI, not SSI).
  • 2. You are not presently working, or at least not working at "substantial gainful activity" due to verifiable and severe medical condition, physical or mental. If you earn at least $1,260 in gross wages per month, you are working and can't get benefits.
  • 3. Your severe medical condition has lasted, or is reasonably expected to last, 12 straight months or more.  There is no short term disability benefit with Social Security.
  • 4.  This is sort of an unwritten rule but you must have objective medical evidence (from a doctor) to prove the severity and duration of your impairment(s).
How Much Will My Monthly Benefit Be?

The amount is based on your lifetime earnings.  The average monthly benefit is around $1250 per month, but the maximum can be as much as $3,011 for an individual.  You can call your local Social Security office to get your estimated amount.  They call it the "PIA" or Primary Insurance Amount.

Does it Take a Long Time to Get Approved?

Yes, unfortunately, it often does.  It takes about 5 months to get the initial decision on your application.  This decision will be a denial in approximately 73 percent of cases.  The required appeal process will take about 10 to 12 more months, but may give you a much better result and you may get back pay for waiting.

Are There Specific Medical Problems that Always Pay a Benefit?

Any disabling impairment (other than substance abuse) may pay a benefit if it is severe and makes the claimant truly unable to work at any full-time job.  If a claimant has a end-of-life illness, it usually qualifies for prompt approval.  If the symptoms are so severe that they meet or equal a "Listing," a payment may be possible faster.  Social Security also has "compassionate allowances" for certain incurable diseases that post very severe restrictions on the claimant's ability to function.  However, the average claimant will not meet these extreme requirements and must wade through the determination process, and often the appeals process, too.

The claimant's age and past work history plays a large part in how quickly he or she can be approved.  Claimants age 50 and over, especially 55 and over, who have a history of difficult physical work, may meet one of the Medical-Vocational allowances for quicker approval.  Even these claims often must be appealed, however.

Why Isn't Every American Insured by Social Security?

Basically because Social Security (SSDI) insures workers, not non-workers.  To have "insured status," an individual must have worked and paid into Social Security through payroll deductions called FICA.  The general rule:  you must have worked at least 5 out of the past 10 years or less, and paid FICA tax on your earnings.  Even self-employment can count if the FICA tax was paid and other work requirements re met.  Individuals who have not worked in approximately 5 years do not have coverage under SSDI, even if they are severely disabled.  (They might qualify under Supplemental Security Income, SSI, however).

What's the Difference Between SSDI and SSI?

They are entirely different programs which insure different people, although both are administered through the Social Security Administration.  Key differences:

SSDI - Social Security Disability Insurance (Also Called Title II)
  • Must be paid for by workers who have contributed work related FICA tax
  • Has no financial or resource restrictions, however, you cannot be working.
  • Monthly benefit is based on lifetime earnings/wages; $3,011 per month is maximum)
  • Has a 5-month waiting period (Will not pay the first 5 months of disability)
  • Covers disabled individuals who are under full retirement age
  • Automatically comes with Medicare insurance after a 29-month waiting period
SSI - Supplemental Security Income (Also called Title XIV)
  • Designed to provide essential needs of the elderly or disabled
  • Has strict income and financial resources limitations
  • Requires no work history and nothing is paid into the program by the claimant
  • Requires the same medical evidence as SSDI for disability (or, you meet age requirement)
  • Claimants can also be eligible due to age (65 or over)
  • Maximum monthly benefit is currently $783.
  • Has no waiting period (can pay the month following your application)
  • Automatically comes with Medicaid insurance.


    









Friday, September 4, 2020

WHY THIS MAY BE THE LAST DISABILITY SITE YOU WILL EVER NEED


Is there one website that provides all the information you need on Social Security disability?  Yes.  The following site is consistently listed as one of the top Social Security websites in the nation by feedspot.com.

SOCIAL SECURITY JUSTICE

  •  Who may apply?
  • When can you apply?
  • What are your chances?
  • What to do if you are denied?
  • Resources and help with applications or appeals
  • Pitfalls to avoid
  • General questions

There's a response form on the website where you can request assistance or ask questions directly to a Social Security disability advocate-specialist.

The site is free and confidential.  Advice is free and without obligation.  If you appoint an advocate or attorney to represent you, you won't be charged anything until your claim or appeal is won, paid, and your past due benefits are approved for payment.

You may be one of the thousands of Americans who need and deserve Social Security disability benefits.  You may also be one the thousands tied up in government delays, red tape, stalls and shut-downs.  You may need some help just getting the process moving again--and in the right direction.

Click the link.  Ask the questions.  Fight for your benefit check.

SOCIAL SECURITY JUSTICE

Or telephone (256) 799-0297

YOU CAN'T WIN DISABILITY CASES WITHOUT AN APPEAL

 As a general rule, you can't get approved for Social Security disability without a hearing.  It's just the way the system is designed: Most applications are denied rather mechanically.  Decisions get "re-thought" at a hearing.


We speak to people every day who are disappointed, discouraged and ready to give up because their disability got denied.  Many have the attitude, "I'm not going to get my benefits, so I should just give up."  

In reality, a denial is when you really begin to fight, and where the best work can be done.  Your odds for approval actually increase when you get denied (if you appeal and ask for a hearing).

 

Here are some approximate numbers that may put Social Security disability in perspective:

27 percent are approved at the application stage (just filing an application).

4 percent are approved at "Reconsideration," the first appeal.

45 percent or more are approved at their hearing (before a judge)


What this tells you?  Don't expect to be approved by filing an application because most applications are rather mechanically denied. 

The first appeal (called "Reconsideration") is a waste of time, but required.

The hearing is where your real hope and best chance resides.

___________

The Forsythe Firm

Social Security Disability Counselors

Huntsville, AL 35806   Call (256) 799-0297

     Free Consultations.  No fee unless you win!


 Free Disability Information