When you reach full retirement age, your disability benefit will automatically convert to a retirement benefit. The amount will not change.
Let's use Jasmine as an example. She started getting a disability benefit when she was 48 years old. At 48, she was given the same amount as her retirement would benefit would have been--she just began receiving it early. When Jasmine reaches age 67 (her full retirement age), Social Security will continue her benefit checks in the same amount. However, they will now be called "retirement benefits" and not "disability benefits."
What difference will Jasmine notice? Probably none. The check she receives each month will be paid from the Social Security Retirement Trust Fund, not from the Social Security Disability Trust Fund. Since it will be the same amount, Jasmine probably won't notice any difference at all.
Why doesn't your check increase when you reach full retirement age?
Because you have been receiving the same amount as the "full retirement benefit" all along. You just got is earlier because you were disabled prior to full retirement age.
So, does my monthly benefit never increase?
The benefit does not increase except for (a) small cost of living adjustments (COLAs) or (b) changes that Congress may make in the laws or regulations in the future.
Wednesday, September 6, 2017
NEW RULE FOR SOCIAL SECURITY EVIDENCE
Evidence for your Social Security hearing must be submitted at least 5 business days prior to the hearing date. Not just 5 days, 5 business days.
There are a few exceptions but administrative law judges for the most part are enforcing this rule to the tee.
If you are the claimant (disabled person) it is important to notify your representative as quickly as possible if you have or know of additional evidence. This would include visits to new doctors, a new diagnosis or change in your medication, as examples. Your representative depends on you to let him/her know when you've been hospitalized, seen a new doctor or obtained additional treatment or examinations. And this rule doesn't just apply to medical evidence, it applies to all evidence, including attorney's briefs, witness statements, job records, school records, etc.
In the old days, the attorney or representative could show up at the hearing with evidence in his briefcase and the judge would accept it. Those days are now past. The judge is going to ask, "Why did you not meet the 5 business days rule?" And if there is not a reason that is specified in the regulation, the evidence will not be accepted.
The Bottom Line? Notify your representative at once if you have any new or additional evidence you want to submit.
There are a few exceptions but administrative law judges for the most part are enforcing this rule to the tee.
If you are the claimant (disabled person) it is important to notify your representative as quickly as possible if you have or know of additional evidence. This would include visits to new doctors, a new diagnosis or change in your medication, as examples. Your representative depends on you to let him/her know when you've been hospitalized, seen a new doctor or obtained additional treatment or examinations. And this rule doesn't just apply to medical evidence, it applies to all evidence, including attorney's briefs, witness statements, job records, school records, etc.
In the old days, the attorney or representative could show up at the hearing with evidence in his briefcase and the judge would accept it. Those days are now past. The judge is going to ask, "Why did you not meet the 5 business days rule?" And if there is not a reason that is specified in the regulation, the evidence will not be accepted.
The Bottom Line? Notify your representative at once if you have any new or additional evidence you want to submit.
WHAT VETERANS NEED TO KNOW ABOUT SOCIAL SECURITY DISABILITY
Disabled veterans sometimes don't get all the benefits they should because they don't apply for all their benefits. If you are a disabled US Veteran, here are some things you should know:
1) You are covered for both VA benefits and Social Security Disability benefits (SSDI).
2) You paid into the Social Security trust fund during your entire military career, thus are covered by Social Security disability insurance.
3. Getting a Social Security (SSDI) benefit will not hinder your VA disability benefits. You may get both.
4. Social Security does not automatically approve disability benefits because the VA does. They have different rules and an entirely different application process. You must apply for each benefit separately.
5. Many qualified veterans will apply for SSDI benefits and be improperly denied. The decision making process is flawed and rejects many claims that should be paid. The only cure for this is an appeal where an administrative law judge will review your case and give you a new (often more favorable) decision.
6. Your odds of being approved at the hearing are better if you have good representation. Concerning representation, you should know:
The Forsythe Firm is located in Huntsville, Alabama and we have an office in Franklin, TN, as well. If you need assistance, please call us at (256) 799-0297.
1) You are covered for both VA benefits and Social Security Disability benefits (SSDI).
2) You paid into the Social Security trust fund during your entire military career, thus are covered by Social Security disability insurance.
3. Getting a Social Security (SSDI) benefit will not hinder your VA disability benefits. You may get both.
4. Social Security does not automatically approve disability benefits because the VA does. They have different rules and an entirely different application process. You must apply for each benefit separately.
5. Many qualified veterans will apply for SSDI benefits and be improperly denied. The decision making process is flawed and rejects many claims that should be paid. The only cure for this is an appeal where an administrative law judge will review your case and give you a new (often more favorable) decision.
6. Your odds of being approved at the hearing are better if you have good representation. Concerning representation, you should know:
- Your representative can't charge you a fee unless you win.
- You can't be charged a fee until you are awarded back pay.
- Social Security must approve any fee in advance (before it is paid) and in writing. There are strict limits on the amount of the fee.
The Forsythe Firm is located in Huntsville, Alabama and we have an office in Franklin, TN, as well. If you need assistance, please call us at (256) 799-0297.
CONCENTRATION PERSISTENCE AND PACE ISSUES
If you have significant deficits in concentration, persistence and pace--you ma have a good disability claim.
Concentration is the ability to remain focused and on task. Nearly all jobs require the ability to concentrate up to 2 hours at a time and for 8 hours per work day. If you are off task more than about 10 percent of the time, then you probably would not be able to hold a full-time job.
Persistence means the ability to perform work day in and day out, 5 days per week, 8 hours per day or on an equivalent schedule. Let's say you have certain days you can work an 8-hour day but you have certain days you cannot. You have a persistence problem. Also, you might be able to work a few hours each day but cannot complete an 8 hour shift regularly. This is also a persistence problem. You might have pain or other symptoms that would require more than the usual number of breaks during an 8-hour workday. This is a persistence problem.
Pace means the ability to meet the demands of the work schedule, keeping up with the demands of your employer in terms of turning out sufficient work in a sufficient time period. Even though a job may not require a "production rate," all workers are expected to turn out a certain amount of work each hour or each day. If you cannot do so, you have issues of pace. Let's say you can do the same job that everyone else does but it takes you longer. Employers woud normally terminate you and hire someone who can work at a normal pace.
Disability doesn't necessarily mean the inability to stand, walk or lift. Symptoms that are much less obvious can also be disabling. That's why I cringe when I hear someone saying things like, "My neighbor is not disabled because I see him --------- (doing thus and so)." Disability is not being able to perform a job 8 hours a day, 5 days a week, 52 weeks out of the year. So, mowing the lawn for 30 minutes or washing your car is a far cry from working an 8 hour day.
Concentration is the ability to remain focused and on task. Nearly all jobs require the ability to concentrate up to 2 hours at a time and for 8 hours per work day. If you are off task more than about 10 percent of the time, then you probably would not be able to hold a full-time job.
Persistence means the ability to perform work day in and day out, 5 days per week, 8 hours per day or on an equivalent schedule. Let's say you have certain days you can work an 8-hour day but you have certain days you cannot. You have a persistence problem. Also, you might be able to work a few hours each day but cannot complete an 8 hour shift regularly. This is also a persistence problem. You might have pain or other symptoms that would require more than the usual number of breaks during an 8-hour workday. This is a persistence problem.
Pace means the ability to meet the demands of the work schedule, keeping up with the demands of your employer in terms of turning out sufficient work in a sufficient time period. Even though a job may not require a "production rate," all workers are expected to turn out a certain amount of work each hour or each day. If you cannot do so, you have issues of pace. Let's say you can do the same job that everyone else does but it takes you longer. Employers woud normally terminate you and hire someone who can work at a normal pace.
Disability doesn't necessarily mean the inability to stand, walk or lift. Symptoms that are much less obvious can also be disabling. That's why I cringe when I hear someone saying things like, "My neighbor is not disabled because I see him --------- (doing thus and so)." Disability is not being able to perform a job 8 hours a day, 5 days a week, 52 weeks out of the year. So, mowing the lawn for 30 minutes or washing your car is a far cry from working an 8 hour day.
Wednesday, August 9, 2017
MAY I REPRESENT MYSELF?
"May I represent myself at a Social Security disability hearing?"
Most disability applications will wind up in a hearing before an administrative law judge (ALJ). The judge will decide whether you are disabled according to Social Security's rules and regulations. Can you represent yourself? Yes, of course.
However, this question can be translated a number of ways, including:
I have seen statistics that say unrepresented claimants win about 39 percent of the time, while represented claimants win about 62 percent. I don't know if these numbers are accurate but I do know that professional representation gives you a better chance of success in a hearing.
I also know that your representative cannot charge you a fee unless you win and are awarded past due benefits. The representative has a lot riding on the outcome of your case. You have even more riding on it.
Most disability applications will wind up in a hearing before an administrative law judge (ALJ). The judge will decide whether you are disabled according to Social Security's rules and regulations. Can you represent yourself? Yes, of course.
However, this question can be translated a number of ways, including:
- Do I know the regulations well enough to represent myself?
- Do I want to practice my first hearing on myself?
- Should I be the only person in the hearing who is new at this?
- Is trying to represent myself really a good idea, since I only get one shot at this?
I have seen statistics that say unrepresented claimants win about 39 percent of the time, while represented claimants win about 62 percent. I don't know if these numbers are accurate but I do know that professional representation gives you a better chance of success in a hearing.
I also know that your representative cannot charge you a fee unless you win and are awarded past due benefits. The representative has a lot riding on the outcome of your case. You have even more riding on it.
WHY YOU NEED HELP WITH SOCIAL SECURITY DISABILITY
There are 1,000 reasons why you need help with a Social Security disability claim (SSDI). The most obvious reason is that about 70 percent of all claims are denied at the application level--and approximatley 58 percent are denied at the hearing (appeal) level.
So, at the initial application level, you have only a 30 percent chance of approval. At the hearing, there is only a 42 percent chance of approval.
If you lose at the hearing, you either wait 12 more months for a review by the Appeals Council--where the odds are against you; OR you file a new claim and wait 24 months for a new hearing. The new claim is prejudiced by the previous denial--another strike against you.
The wisest thing is to have guidance by a professional from the start. This does not guarantee success, of course. However, statistics do show that claimants who are professionally represented have a higher chance of being awarded than those who are "unrepped."
You will never pay your representative a fee unless you win and are also awarded a past due benefit settlement.
Contact the Forsythe Firm, a Huntsville, AL based disability advocacy firm, at (256) 799-0297.
So, at the initial application level, you have only a 30 percent chance of approval. At the hearing, there is only a 42 percent chance of approval.
If you lose at the hearing, you either wait 12 more months for a review by the Appeals Council--where the odds are against you; OR you file a new claim and wait 24 months for a new hearing. The new claim is prejudiced by the previous denial--another strike against you.
The wisest thing is to have guidance by a professional from the start. This does not guarantee success, of course. However, statistics do show that claimants who are professionally represented have a higher chance of being awarded than those who are "unrepped."
You will never pay your representative a fee unless you win and are also awarded a past due benefit settlement.
Contact the Forsythe Firm, a Huntsville, AL based disability advocacy firm, at (256) 799-0297.
Monday, July 24, 2017
AGE CATEORIES IN SSDI CLAIMS
The claimant's age plays an important part in Social Security Disability (SSDI) decisions. Social Security uses age categories, as follows:
Younger Individual - This refers to an individual who is below the age of 50. Since these individuals cannot meet a Medical-Vocational Guideline (grid rule), they have the hardest time getting SSDI benefits. If Social Security can demonstrate that these claimants are able to perform any type of work, even unskilled, sedentary jobs, they will be denied.
Closely Approaching Advanced Age - This category is for individuals who are age 50 through 54. Individuals in this category might meet a grid rule, especially if they are limited to sedentary unskilled work due to their medical impairment.
Advanced Age - Refers to claimants who are age 55 and over. The basic advantage these individuals have is that Social Security usually does not expect them to adapt to totally new types of work. The grid rules will often direct a finding of "disabled" if an individual of advanced age cannot perform his or her past relevant work and has no skills that transfer to easier work.
Social Security approves SSDI claims in all age categories. In addition to age, they consider education, skills learned at past jobs and of course medical impairments. However, when all the other factors are equal, the older claimant has an advantage.
Younger Individual - This refers to an individual who is below the age of 50. Since these individuals cannot meet a Medical-Vocational Guideline (grid rule), they have the hardest time getting SSDI benefits. If Social Security can demonstrate that these claimants are able to perform any type of work, even unskilled, sedentary jobs, they will be denied.
Closely Approaching Advanced Age - This category is for individuals who are age 50 through 54. Individuals in this category might meet a grid rule, especially if they are limited to sedentary unskilled work due to their medical impairment.
Advanced Age - Refers to claimants who are age 55 and over. The basic advantage these individuals have is that Social Security usually does not expect them to adapt to totally new types of work. The grid rules will often direct a finding of "disabled" if an individual of advanced age cannot perform his or her past relevant work and has no skills that transfer to easier work.
Social Security approves SSDI claims in all age categories. In addition to age, they consider education, skills learned at past jobs and of course medical impairments. However, when all the other factors are equal, the older claimant has an advantage.
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