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.
Wednesday, April 11, 2018
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.
Tuesday, March 13, 2018
QUESTIONS ABOUT SOCIAL SECURITY DISABILITY - WITH ANSWERS - HUNTSVILLE
Here are answers to frequent questions about Social Security disability. If your question isn't here, please call us free at (256) 799-0297.
Q. What are the basic requirements for SSDI benefits?
A. You are not able to work and have a medically determinable impairment which is expected to last for at least 12 consecutive months. There is no short term disability with Social Security. 12 months is the minimum duration.
Q. How long will it take to get benefits started?
A. The typical application process takes 3 to 4 months. Unfortunately, a lot of good claims are denied. If youare denied, the appeal can take up to 2 years.
Q. What if I haven't worked in recent years? Can I still get Social Security disability benefits?
A. It depends. For most people over age 40, the rule is that you must have worked a total of 5 years out of the last 10 years. If you haven't worked in the past 5 years, you may not have Social Security disability coverage. Call the Social Security office to find out.
Q. How much is an SSDI benefit?
A. It varies based on age, wage history, etc. The average American on disability receives about $1,150 per month. Your benefit may be more or less.
Q. I've heard that you need a lawyer to help you get SSDI. Is this true?
A. You certainly do not need a lawyer to apply for disability benefits. Unfortunately, however, up to 70 percent of applications are denied. This requires an appeal and a hearing with an administrative law judge. Most people choose to have representation when their case heads to a judge. I think being unrepresented is a mistake but there is no requirement that you have an attorney or representative.
Q. If I hire a representative to help me, how much will he/she charge?
A. There is no fee for representation unless you win your claim and also recover past due benefits. When this happens, your representative will be paid a small percentage of your back pay settlement. He or she will NOT be entitled on any part of your monthly benefits.
Q. I see a lot of late night TV ads about Social Security advocates. Should I hire one of these guys?
A. You are entitled to get a representative of your choice. I can see advantages to getting a local representative here in Huntsville. First, he or she will be familiar with the local administrative law judges and how they conduct their hearings. Second, you will get to meet your representative on day one--not months from now when your hearing takes place. Third, you may have more access to a local representative if you have questions, need extra help or need to drop paperwork off at the office.
Q. I am still working because I can't afford to quit. However, I'm not really able to work and my doctor agrees with me. May I file for disability while I'm still working and quit after I get approved?
A. No, that is not the way Social Security works. While that would make a lot of sense, a person who is still working at 'substantial gainful activity' (called SGA), will get a technical Step 1 denial by Social Security, no matter how severe their medical condition. Part-time work may be acceptable if you earn gross wages of less than $1,180 per month (2018 amount).
_____________
Your question not answered? Call us
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PH (256) 799-0297
"Across from Bridge Street"
SOCIAL SECURITY JUSTICE - WEBSITE
Q. What are the basic requirements for SSDI benefits?
A. You are not able to work and have a medically determinable impairment which is expected to last for at least 12 consecutive months. There is no short term disability with Social Security. 12 months is the minimum duration.
Q. How long will it take to get benefits started?
A. The typical application process takes 3 to 4 months. Unfortunately, a lot of good claims are denied. If youare denied, the appeal can take up to 2 years.
Q. What if I haven't worked in recent years? Can I still get Social Security disability benefits?
A. It depends. For most people over age 40, the rule is that you must have worked a total of 5 years out of the last 10 years. If you haven't worked in the past 5 years, you may not have Social Security disability coverage. Call the Social Security office to find out.
Q. How much is an SSDI benefit?
A. It varies based on age, wage history, etc. The average American on disability receives about $1,150 per month. Your benefit may be more or less.
Q. I've heard that you need a lawyer to help you get SSDI. Is this true?
A. You certainly do not need a lawyer to apply for disability benefits. Unfortunately, however, up to 70 percent of applications are denied. This requires an appeal and a hearing with an administrative law judge. Most people choose to have representation when their case heads to a judge. I think being unrepresented is a mistake but there is no requirement that you have an attorney or representative.
Q. If I hire a representative to help me, how much will he/she charge?
A. There is no fee for representation unless you win your claim and also recover past due benefits. When this happens, your representative will be paid a small percentage of your back pay settlement. He or she will NOT be entitled on any part of your monthly benefits.
Q. I see a lot of late night TV ads about Social Security advocates. Should I hire one of these guys?
A. You are entitled to get a representative of your choice. I can see advantages to getting a local representative here in Huntsville. First, he or she will be familiar with the local administrative law judges and how they conduct their hearings. Second, you will get to meet your representative on day one--not months from now when your hearing takes place. Third, you may have more access to a local representative if you have questions, need extra help or need to drop paperwork off at the office.
Q. I am still working because I can't afford to quit. However, I'm not really able to work and my doctor agrees with me. May I file for disability while I'm still working and quit after I get approved?
A. No, that is not the way Social Security works. While that would make a lot of sense, a person who is still working at 'substantial gainful activity' (called SGA), will get a technical Step 1 denial by Social Security, no matter how severe their medical condition. Part-time work may be acceptable if you earn gross wages of less than $1,180 per month (2018 amount).
_____________
Your question not answered? Call us
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PH (256) 799-0297
"Across from Bridge Street"
SOCIAL SECURITY JUSTICE - WEBSITE
Thursday, February 15, 2018
MOST DISABILITY CLAIMS DENIED ON FIRST TRY: WHAT YOU CAN DO
In Alabama there are 3 stages in the life of a Social Security disability claim:
Stage 1: You File an Application. The denial rate here is nearly 70 percent. Most people will receive a rather mechanical denial.
Stage 2: You file an appeal and attend a hearing with an Administrative Law Judge (ALJ). The odds here are much better, depending on a variety of factors, including which judge holds your hearing.
Stage 3: An appeal to the Appeals Council (AC) - only if the ALJ denied your case in Step 2. The odds here are also rather poor.
Why are most claims denied at the Application level? There are several reasons, in general:
(1) Nobody ever sees you at the application level. It is a paper only review of your claim. No one lays eyes on you.
(2) The process is mechanical. If all the boxes don't check, the easiest thing is to deny the claim.
(3) Incomplete applications: Most claimants do not complete all their forms correctly. Sometimes, all the medical evidence is not obtained.
(4) Mistakes are made by your case handler. They nearly always assign you are higher Residual Functional Capacity than you can actually perform. For example, Social Security finds that you can work at the Light exertion level when in reality you are limited to sedentary or below sedentary.
DENIED? WHAT CAN YOU DO? The legal process for fixing denied claims is the appeal. File an appeal within 60 days of the denial letter. Your case will not be settled within 60 days but you cannot file an appeal after 60 days pass.
WHAT WILL HAPPEN WHEN YOU APPEAL? You will get in line for a hearing before an Administrative Law Judge, who will listen to your testimony, review all the medical and vocational evidence and render a totally new decision. If your benefits are ever going to be approved, the odds are they will be approved at the hearing, not before.
MUST I HAVE REPRESENTATION FOR MY HEARING? Representation is not required but it is very important if you want to win. I do not recommend risking your financial future on a hearing where everyone present is a professional except yourself. Very bad odds.
A representative will not charge you a fee unless the appeal decision is in your favor and you are paid back pay. Otherwise, representation is absolutely free according to Social Security law.
SOCIAL SECURITY JUSTICE: OUR WEBSITE
PH (256) 799-0297
Stage 1: You File an Application. The denial rate here is nearly 70 percent. Most people will receive a rather mechanical denial.
Stage 2: You file an appeal and attend a hearing with an Administrative Law Judge (ALJ). The odds here are much better, depending on a variety of factors, including which judge holds your hearing.
Stage 3: An appeal to the Appeals Council (AC) - only if the ALJ denied your case in Step 2. The odds here are also rather poor.
Why are most claims denied at the Application level? There are several reasons, in general:
(1) Nobody ever sees you at the application level. It is a paper only review of your claim. No one lays eyes on you.
(2) The process is mechanical. If all the boxes don't check, the easiest thing is to deny the claim.
(3) Incomplete applications: Most claimants do not complete all their forms correctly. Sometimes, all the medical evidence is not obtained.
(4) Mistakes are made by your case handler. They nearly always assign you are higher Residual Functional Capacity than you can actually perform. For example, Social Security finds that you can work at the Light exertion level when in reality you are limited to sedentary or below sedentary.
DENIED? WHAT CAN YOU DO? The legal process for fixing denied claims is the appeal. File an appeal within 60 days of the denial letter. Your case will not be settled within 60 days but you cannot file an appeal after 60 days pass.
WHAT WILL HAPPEN WHEN YOU APPEAL? You will get in line for a hearing before an Administrative Law Judge, who will listen to your testimony, review all the medical and vocational evidence and render a totally new decision. If your benefits are ever going to be approved, the odds are they will be approved at the hearing, not before.
MUST I HAVE REPRESENTATION FOR MY HEARING? Representation is not required but it is very important if you want to win. I do not recommend risking your financial future on a hearing where everyone present is a professional except yourself. Very bad odds.
A representative will not charge you a fee unless the appeal decision is in your favor and you are paid back pay. Otherwise, representation is absolutely free according to Social Security law.
SOCIAL SECURITY JUSTICE: OUR WEBSITE
PH (256) 799-0297
Monday, February 5, 2018
DESCRIBING YOUR ACTIVITIES OF DAILY LIVING
When you apply for disability, Social Security will send you a "Function Report" in the mail to complete and return. This form will ask about your activities of daily living (ADL): cooking, shopping, housework, hobbies, bathing, dressing, caring for pets, etc.
Since you aren't working, and probably have not worked in a year or two, Social Security needs to know what you can and can't do. It make sense to ask about things you do around your house every day.
If your daily activities seem very normal and unrestricted, Social Security may determine that you could perform some simple repetitive job. If so, they would deny benefits.
When filling out the Function Report, try to be as specific as you can. Avoid very general terms like "once in a while, not very often, or just a little bit." Try to use more specific terms like minutes, hours, feet, yard, pounds, etc.
For example: How often do you shop and what do you shop for? A poor answer would be, "Not very often. I just shop for things I need." A better answer: "I go to the grocery store and pharmacy once a week and buy food and medicines that I need for the next week."
Leaving answers blank on the form is not a good idea. Try to answer every question.
Do decision makers really read these forms? I think so. Certainly, forms aren't the only piece of evidence used to make a decision but they should not be ignored or taken lightly.
- - - - - - - - - - - - - - - - - - - - - - -
THE FORSYTHE FIRM
Social Security Disability Counselors
PHONE (256) 799-0297
Since you aren't working, and probably have not worked in a year or two, Social Security needs to know what you can and can't do. It make sense to ask about things you do around your house every day.
If your daily activities seem very normal and unrestricted, Social Security may determine that you could perform some simple repetitive job. If so, they would deny benefits.
When filling out the Function Report, try to be as specific as you can. Avoid very general terms like "once in a while, not very often, or just a little bit." Try to use more specific terms like minutes, hours, feet, yard, pounds, etc.
For example: How often do you shop and what do you shop for? A poor answer would be, "Not very often. I just shop for things I need." A better answer: "I go to the grocery store and pharmacy once a week and buy food and medicines that I need for the next week."
Leaving answers blank on the form is not a good idea. Try to answer every question.
Do decision makers really read these forms? I think so. Certainly, forms aren't the only piece of evidence used to make a decision but they should not be ignored or taken lightly.
- - - - - - - - - - - - - - - - - - - - - - -
THE FORSYTHE FIRM
Social Security Disability Counselors
PHONE (256) 799-0297
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