AGE 50 PLUS? BENEFITS MAY BE EASIER FOR YOU

The Social Security Administration recognizes that persons over the age of 50 may not adjust to new careers or types of work as easily.  Therefore, they use Medical-Vocational Guidelines to make disability benefit approval easier in some cases.

These guidelines take into consideration more than the claimant's medical condition and limitations.  They also consider age, education and past work experience.

I recently had a hearing with a 55 year-old individual who is not able to continue working at a job she has held for more than 25 years.  With a younger individual, the judge might have found that she could adjust to new, less demanding work and denied benefits.  In this case, the judge found that Medical-Vocational Guideline 201.10 directed a finding of disability, and approved benefits.

Social Security disability is terribly complex and challenging.  I encourage you to seek out a reputable advocate who will seek ways to use the law to get the benefits you are entitled to.  Remember, at my firm there is never a fee for an initial consultation.  There are numerous professionals here in North Alabama that operate on the same principle.  Seek out one of them.

 

GETTING YOUR LIFE BACK

Getting approved for a disability benefit is not really about money.  It's about getting your life back.

Disability can be a great robber.  It can steal more than your money.  It can destroy huge parts of your life.  Think about all the things that can be in jeopardy when you can't work any more:

•  Peace of mind
•  Medical treatment
•  A decent place to live (for many)
•  Enjoyment of life and activities

Of course, restoring some income isn't the full answer to getting your life back.  But it's a good place to start.  Disability benefits can provide good medical care, medicines, specialists to treat pain or depression; and you may be able to simply improve your quality of life.

If you're seemingly at a dead end and don't know where to turn, seek out a reputable attorney or disability advocate for a free consultation.  Stop groping in the dark.  Let someone with experience try to help you.  If you are not successful, it won't cost you anything.

SSDI BENEFITS ARE NOT SMALL POTATOES!

The maximum Social Security Disability
(SSDI) benefit in 2017 is $2,687 per mo.

An average SSDI award is worth over $400,000 according to one government study.

This isn't small potatoes!

If you are disabled through no fault of your own, go after the maximum Social Security benefit you are entitled to, including your back pay.

Hello, I'm Charles Forsythe, founding partner of the Forsythe Firm.  It's my job to analyze your claim and help you get maximum benefits in the shortest time possible.  Using a professional advocacy firm for legal representation usually results in an easier process and more money.  We never charge a fee for a consultation and you never pay us a fee until after you win and collect your back payments.

Call us for a free consult today.  (256) 799-0297.

CONCENTRATION, PERSISTENCE AND PACE ISSUES IN DISABILITY

If a worker cannot maintain concentration, persistence and pace, he or she may be disabled and eligible for benefits.

Social Security views work as the ability to sustain work like activity 8 hours per day, 5 days per week, or an equivalent schedule.  In addition, the worker must not be excessively off task, must not require additional rest breaks and must work at a fast enough pace to meet the job's demands.

Concentration:  Most experts recognize that every worker will be off task about 5 to 9 percent of the time.  However, concentration can be decreased by pain, discomfort, anxiety, depression or other psychological factors.  When a worker is persistently off task 10 percent of the time or more, during an 8-hour workday, he may not be able to sustain work and would be legally disabled.

Persistence:  The regulations consider full-time work to be 8 hours a day, 5 days a week or an equivalent schedule. (SSR 96.9(p)).  A person may be able to work some days, but not others.  She might be able to work a few hours per day but not 8 hours. In cases where work is restricted to less than 8 hours per day, or less than 5 days per week, there is a problem with persistence. Also, if an individual requires extra breaks during the work day, this causes a problem with persistence.  This is reason for a person to be considered disabled. 

Pace:  A worker must be able to maintain acceptable pace.  That means that he or she must be able to work fast enough and with sufficient regularity to keep up with the demands of work.  If the individual needs additional time to complete tasks, often cannot finish his/her work or requires excessive supervision to complete tasks, this may be a disability, provided it is the result of a documented physical and/or mental impairment.

A good attorney or representative will evaluate the claimant's ability in the areas of concentration, persistence and pace and will use the Social Security definitions and regulations to build a disability case based on a lack of these abilities.  Your representative may also wish to question Social Security's vocational expert (present at most hearings) about C/P/P issues.

I often encounter claimants who can work a few hours a day but cannot "hold out" to work 8 hours.  Some individuals can work 4 or 5 hours a day but then have to go home and rest.  Some of my clients can even work most days; however, there are a few days out of the month that they cannot work because of pain, fatigue, emotional problems or a chronic exacerbation of other problems. The rule generally is that no more than 1 absence per month is permitted.  These individuals fail the test for concentration, persistence and pace.  They are disabled and they qualify for benefits under the regulations.   

APPLYING FOR DISABILITY IN HUNTSVILLE

When you apply for Social Security disability in Huntsville....

 Your application will be sent to a state agency in Birmingham known as the Disability Determination Service, or DDS.  A "disability specialist" will order and review copies of your medical records.  She will also evaluate your past work record. Depending on how complete your medical record is, you may or may not be sent for a consultative examination by a medical doctor or clinical psychologist.  Within about 4 months after filing your application, a decision will be made as to whether you meet the rules for Social Security disability.

In Alabama, about 76 percent of claimants are denied by the DDS.  They must appeal directly to an Administrative Law Judge (ALJ) for a hearing and request a new decision.

Should everyone whose application is denied appeal the decision?  YES.  In my experience, the DDS denies both good claims and bad ones in many cases.  Just because DDS says you are "not eligible for benefits according to our rules," does make it true.  They deny claimants frequently who should be getting benefits.  The purpose of the appeal is to allow a new set of eyes to review your case and reconsider all the evidence.  In almost 50 percent of the cases that go to a hearing level appeal, the new decision is favorable to the claimant.  So, by all means appeal your denial.

Is it expensive to appeal?  No, not at all.  An appeal should not cost you a cent unless you win.  If you win, the appeal may cost you a small percentage of your back pay (which you would have lost without the appeal).  This goes to pay your attorney's or representative's fee.  The fee is payable only after you win and after you get retroactive or back pay.

The Forsythe Firm represents hundreds of claimants each year before federal Administrative Law Judges in Alabama, Tennessee, Mississippi and other states.  We are happy to answer your questions or provide you with a free discussion of your claim--at no cost or obligation.  Our office is conveniently located directly in front of Bridge Street in Huntsville with plenty of free street level parking.  You may call us or make an appointment to visit.  (256) 799-0297. 

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WHATS IN YOUR MEDICAL FILE?

What's in your medical file may shock you.  And if you are coming up for a Social Security disability hearing, you should find out.  Doctor's files often contain more than medical information.  And just because it's in your medical file doesn't necessarily mean that it's true.

For example, I once had a client who was confronted about his two week vacation to Vail, Colorado.  Turns out, he had told his doctor and the doctor had included a note about the vacation in the medical record.

I have found citations in medical files about gambling, drinking, smoking, vacations, domestic abuse, drug use, marital problems, shoplifting or other criminal activities, and much, much more.  And not all of the information was accurate.  Most often, the claimants had no idea these things were in their files.

Social media seems to be another prime source for revealing, personal information.  Does Social Security look at your Facebook page?  I assume they do.  You should, too.



 

CONFUSING DISABILITY TERMS: WHAT DO THEY REALLY MEAN?

Some important terms stand out in Social Security disability regulations.  Here is what they mean.

Alleged Onset Date (AOD).  This is the date the claimant alleges to have first become disabled.  If it becomes the Established Onset Date (EOD), meaning that the Social Security Administration agrees that the claimant did indeed become disabled on that date, benefits may be paid back to that date.  So the AOD/EOD affects how many months of back pay or past due benefits the claimant is entitled to receive.

Waiting Period.  The waiting period for all Title 2 (regular disability) claims is 5 full calendar months.  This is really an elimination period.  5 months of benefits will be subtracted from the Established Onset Date.  For example, if you are found to have become disabled on March 15^th, your waiting period will include the months of April –August and your first benefit payment eligibility will be for the month of September.  This does not necessarily mean you would have to wait 5 months to get a benefit. It depends on when hour established onset date was. 

Duration Requirement.  Social Security regulations require a claimant to be disabled for at least 12 consecutive months in order to receive disability benefits.  And the 12 months must be from the same impairment(s).  For example, if a person is disabled for 5 months because of a heart attack, then becomes disabled again for 7 months because of back surgery, the two impairments cannot be combined to satisfy the 12 month duration requirement.  A claimant does not necessarily have to wait 12 months before filing an application for disability benefits, however.  If he/she expects to be disabled for a period of 12 consecutive months by the same condition or combination of conditions, the application can be filed immediately.  The requirement is that the claimant provides medical documentation that he/she can reasonably be expected to be disabled for at least 12 consecutive months.  Disability expected to last less than 12 consecutive months are not covered by Social Security.  Benefits may be awarded before the 12 month period expires.  The duration requirement is intended to eliminate benefits for impairments that are expected to last less than 12 months.

Date Last Insured (DLI).  This is the date the claimant’s Social Security disability insurance expires.  Yes, disability insurance does expire if you stop working and stop paying FICA taxes.  If your DLI is 12/31/17, for instance, you must file a disability claim before 12/31/17 or prove that you became disabled prior to 12/31/17.  Otherwise, you lose the right to file a new claim after 12/31/17.  If you are receiving disability benefits from Social Security, this date has nothing to do with when your payments will stop, when your case will be reviewed again, etc.  It simply means that there was a point in time beyond which you could not file a new disability claim.  That date is called The Date Last insured (DLI).  If you are receiving disability benefits, you obviously filed a claim prior to the DLI, so the date means nothing to you at this point.