For those who don't practice in Social Security disability law, DLI doesn't mean much. However, if you are about to apply for disability benefits, DLI is a critical term. It tells you basically whether or not you can file a new claim.
DLI stands for Date Last Insured. Social Security requires that a person be "insured" at the time they first became disabled. How does one get and stay insured? By working. From every paycheck, your employer will deduct approximately 7.5 percent of your wages and send it to the Social Security trust fund. This tax is like the premium you pay on your car or homeowners insurance. So, to be "insured," you must have worked a certain amount. Not only that, but the work must have been recent enough--because your insured status will expire a few years after you stop working. You will need a certain number of quarters of coverage to be insured.
One earns a “quarter of coverage” or a “credit” based on one's taxed earnings in a particular year. In 2017, a quarter of
coverage or a credit is earned for each $1300.00 in
taxed earnings you have posted to your Social Security record. Thus, by
working for an employer who has paid you $5200.00 (or by claiming a
net profit of $5200.00 as a self-employed individual) during the course
of 2017, you will accrue 4 quarters of coverage.
How many quarters of coverage do you need to be insured? It depends on your age. The best way to know if you are insured for disability benefits is to call your local Social Security office.
I was recently contacted by "Betty," who is certainly disabled and would be entitled to Social Security benefits. The problem is, Betty stopped working back in 2003. Her insured status at Social Security expired on 12/31/08. She didn't become disabled until about 3 years ago. Thus, her insured status had expired before she became disabled. Therefore, she is not entitled to file a Social Security disability claim.
I use a simple example to explain this. Suppose my house burns. It isn't enough that I once had insurance on the house. I must have insurance in force at the time the house burns. That would depend on whether I paid my premiums or not.
So, whether or not you are insured by Social Security disability depends on when you stopped working and paying FICA tax into the Social Security trust fund. Generally speaking, you will be covered for about 5 years after you stop working.
Sunday, July 16, 2017
Tuesday, July 11, 2017
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.
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:
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.
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
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.
Monday, July 10, 2017
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.
Saturday, July 1, 2017
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.
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.
Tuesday, March 15, 2016
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.
Visit our Website for More Information
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.
Visit our Website for More Information
Saturday, January 9, 2016
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.
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.
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