Social Security disability rules change at age 50, making it somewhat easier to get benefits.
Starting at age 50, it is possible to get a Medical-Vocational Allowance. Social Security uses published "grid rules" that consider age, education, past work experience and residual functional capacity to determine if you qualify for disability benefits.
This means that a 50 year-old individual might be approved, while a younger individual with the same education, past work record and medical condition would be denied.
Starting at 50, claimants fall into a new age category known as "closely approaching advanced age." The rules are more lax than they are for "younger individuals" (below 50).
Starting at age 55, claimants change age categories again, this time landing in the "advanced age" category. And, you guessed it, the rules get even easier at 55.
Social Security recognizes that individuals lose their ability to adapt to new types of work as they age. Even if a 30 year-old claimant cannot perform past work, he may not be disabled because there is other (easier) work that he could do. However, a 55 year-old individual would not be expected to make the change to different types of work and could be found disabled.
Disability approval is certainly not automatic at age 50 or 55. But your odds do improve quite a bit after age 50.
__________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike, Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297
Monday, September 24, 2018
10,000 PEOPLE DIED WAITING FOR A SOCIAL SECURITY DECISION
10,000 people died last year waiting for a Social Security decision about their disability claim.
There are now 1.1 million people waiting for a hearing. There are about 1,600 administrative law judges available to hold hearings.
That means that the average wait time for a hearing is almost 2 years, sometimes longer. And that's in addition to the 4 months it took to get a denial on the application.
So, when people talk about waiting up to 3 years to have their disability case decided, they are not kidding.
The wait time is atrocious. But we have to remember that you only get one hearing--one chance to make your case. If that fails, there is no good option. Sure, you can make further appeals but they have an even smaller chance of success than any other part of the process. The hearing is your best chance!
After waiting 2 years or more for a chance to be heard, an awful lot is riding on that 45-minute hearing. Hopefully, your attorney-advocate has prepared your case well. He knows the medical evidence inside and out. He has prepared you to give your testimony effectively. He has prepared for testimony offered by Social Security's vocational witness, who will use jobs from the Dictionary of Occupational Titles (DOT) to advise the judge about work you may still be able to do. Your advocate knows that the D.O.T. was written during the Great Depression (1930s) and has not been updated since 1991. It's outdated, archaic and in many cases irrelevant to today's job market; however, Social Security thinks of it as the absolute truth about jobs in the United States. So, you have to be prepared for this monster.
This hearing can change your life. It can save your life. Nobody can guarantee that you will prevail. But you owe to yourself to make a fight of it and to present your case as well as you possibly can. That takes more than passion or emotion. It takes fact and skill and hard work.
You won't see the hours that I have spent on your case. You won't see me locked in my study late at night pouring over your medical records, or researching case law about vocational testimony before the office opens for the day. In fact, what I do may look easy to you. You might get the impression that I stroll into your hearing with my briefcase and just hope for the best. But that's not really what I do. I dedicate myself to giving you the best chance I can give you to have a life-changing experience at your hearing.
Do I sometimes get disappointed? Yes, of course. But I must say that there are more victories than defeats. I love it when I can call a client who's been waiting for 2 or 3 years and say, "Hey, we just got a fully favorable decision; a check will be on the way."
That isn't greed: that's medicine to relieve pain, utilities that won't be shut off, and a chance to hang on to the house. It's groceries and a chance to see the doctor again. Maybe it's not being afraid to answer the phone again because the bill collectors can be kept at bay. Whatever else it is, it's a mighty good feeling.
______________
Charles W. Forsythe
7027 Old Madison Pike, Suite 108
Huntsville, AL 325806
PHONE (256) 799-0297
There are now 1.1 million people waiting for a hearing. There are about 1,600 administrative law judges available to hold hearings.
That means that the average wait time for a hearing is almost 2 years, sometimes longer. And that's in addition to the 4 months it took to get a denial on the application.
So, when people talk about waiting up to 3 years to have their disability case decided, they are not kidding.
The wait time is atrocious. But we have to remember that you only get one hearing--one chance to make your case. If that fails, there is no good option. Sure, you can make further appeals but they have an even smaller chance of success than any other part of the process. The hearing is your best chance!
After waiting 2 years or more for a chance to be heard, an awful lot is riding on that 45-minute hearing. Hopefully, your attorney-advocate has prepared your case well. He knows the medical evidence inside and out. He has prepared you to give your testimony effectively. He has prepared for testimony offered by Social Security's vocational witness, who will use jobs from the Dictionary of Occupational Titles (DOT) to advise the judge about work you may still be able to do. Your advocate knows that the D.O.T. was written during the Great Depression (1930s) and has not been updated since 1991. It's outdated, archaic and in many cases irrelevant to today's job market; however, Social Security thinks of it as the absolute truth about jobs in the United States. So, you have to be prepared for this monster.
This hearing can change your life. It can save your life. Nobody can guarantee that you will prevail. But you owe to yourself to make a fight of it and to present your case as well as you possibly can. That takes more than passion or emotion. It takes fact and skill and hard work.
You won't see the hours that I have spent on your case. You won't see me locked in my study late at night pouring over your medical records, or researching case law about vocational testimony before the office opens for the day. In fact, what I do may look easy to you. You might get the impression that I stroll into your hearing with my briefcase and just hope for the best. But that's not really what I do. I dedicate myself to giving you the best chance I can give you to have a life-changing experience at your hearing.
Do I sometimes get disappointed? Yes, of course. But I must say that there are more victories than defeats. I love it when I can call a client who's been waiting for 2 or 3 years and say, "Hey, we just got a fully favorable decision; a check will be on the way."
That isn't greed: that's medicine to relieve pain, utilities that won't be shut off, and a chance to hang on to the house. It's groceries and a chance to see the doctor again. Maybe it's not being afraid to answer the phone again because the bill collectors can be kept at bay. Whatever else it is, it's a mighty good feeling.
______________
Charles W. Forsythe
7027 Old Madison Pike, Suite 108
Huntsville, AL 325806
PHONE (256) 799-0297
FINDING OUT WHY YOUR SSDI CLAIM WAS DENIED?
When Social Security denies your disability claim, you will get a 4 or 5 page denial letter. Most of the letter is "broiler plate" language--just form language that they use in all their letters.
But hidden away in the denial letter is the real reason they denied your claim. This is usually found on the very last page of the letter, near the bottom of the page--often the last paragraph or next to the last paragraph.
Sometimes it will say: "We have made diligent attempts to obtain enough information to make a decision on your claim. However, we have not been able to get enough evidence to make a decision...," etc.
This means one of two things: Either you don't have sufficient medical treatment OR Social Security wasn't able to find your records, possibly because you didn't give them your doctor's correct name, address or contact information.
There are 2 ways to correct this:
1. You can file a new application and furnish all the correct medical information. Social Security will order your records again and this time hopefully find them. Obviously, if you don't have medical records, this would be a waste of time. Social Security will pay for the records they order.
2. You may file an appeal and ask for a hearing, which will take place 18 to 24 months in the future. Someone will have to order the correct medical records and pay for them and Social Security will not pay. If you represent yourself, you will need to pay for your records out-of-pocket. If you have an attorney-advocate representing you, he or she will usually pay for the records and then bill you when the case settles favorably.
It is obviously to your advantage to provide full and accurate medical information in your original application. It saves time, money and gives you an opportunity to start getting benefits months or years sooner. Nothing guarantees a denial more than failure to give Social Security correct contact information on all your doctors, clinics, hospitals, emergency rooms, counselors, psychologists--or other treating providers.
But hidden away in the denial letter is the real reason they denied your claim. This is usually found on the very last page of the letter, near the bottom of the page--often the last paragraph or next to the last paragraph.
Sometimes it will say: "We have made diligent attempts to obtain enough information to make a decision on your claim. However, we have not been able to get enough evidence to make a decision...," etc.
This means one of two things: Either you don't have sufficient medical treatment OR Social Security wasn't able to find your records, possibly because you didn't give them your doctor's correct name, address or contact information.
There are 2 ways to correct this:
1. You can file a new application and furnish all the correct medical information. Social Security will order your records again and this time hopefully find them. Obviously, if you don't have medical records, this would be a waste of time. Social Security will pay for the records they order.
2. You may file an appeal and ask for a hearing, which will take place 18 to 24 months in the future. Someone will have to order the correct medical records and pay for them and Social Security will not pay. If you represent yourself, you will need to pay for your records out-of-pocket. If you have an attorney-advocate representing you, he or she will usually pay for the records and then bill you when the case settles favorably.
It is obviously to your advantage to provide full and accurate medical information in your original application. It saves time, money and gives you an opportunity to start getting benefits months or years sooner. Nothing guarantees a denial more than failure to give Social Security correct contact information on all your doctors, clinics, hospitals, emergency rooms, counselors, psychologists--or other treating providers.
Thursday, September 13, 2018
HOW MUCH WILL MY DISABILITY CHECK BE?
Disabled persons are often in a poor financial fix: unable to work and depending on Social Security disability to survive. But just how much can you get from Social Security?
In 2018, the average Social Security disability benefit is $1,197 per month. The maximum benefit for a non-blind individual is $2,788 per month. Now, that's quite a range.
Your actual benefit is based on a formula that considers your age, how long you have worked and your earnings (how much you have paid in Social Security taxes). That's why each person's benefit is different.
You may be able to collect back pay (retroactive benefits) if
1) You were disabled for a while before filing your application, in which case you may claim benefits for up to 12 months before your filing date;
2) You have to wait a long time to get a decision on your claim, such as waiting for an appeal hearing. Benefits may accumulate while you are waiting on Social Security.
The main point I like to make in these blog posts is this: It is common for Social Security to deny disability claims. They deny over 75% of claims. When that happens, you must file an appeal with the 60 day deadline. The appeal is your best chance to get paid. Do not file a new claim and spin your wheels--file a proper appeal. Consider getting a lawyer-advocate at that point, too.
___________
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
E-Mail us: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
In 2018, the average Social Security disability benefit is $1,197 per month. The maximum benefit for a non-blind individual is $2,788 per month. Now, that's quite a range.
Your actual benefit is based on a formula that considers your age, how long you have worked and your earnings (how much you have paid in Social Security taxes). That's why each person's benefit is different.
You may be able to collect back pay (retroactive benefits) if
1) You were disabled for a while before filing your application, in which case you may claim benefits for up to 12 months before your filing date;
2) You have to wait a long time to get a decision on your claim, such as waiting for an appeal hearing. Benefits may accumulate while you are waiting on Social Security.
The main point I like to make in these blog posts is this: It is common for Social Security to deny disability claims. They deny over 75% of claims. When that happens, you must file an appeal with the 60 day deadline. The appeal is your best chance to get paid. Do not file a new claim and spin your wheels--file a proper appeal. Consider getting a lawyer-advocate at that point, too.
___________
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
E-Mail us: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
Thursday, August 23, 2018
THINGS YOU DON'T KNOW--ABOUT YOUR DISABIITY CASE
You have applied for disability benefits, been denied, appealed and are waiting on a hearing. The day of your hearing finally arrives. You enter the hearing nervous and wondering what to expect. There are several odd things taking place that you are unaware of. I want to share some of these things with you.
(1). You are not trying to prove that you are disabled now, on the date of the hearing. You are trying to prove that you became disabled at some earlier date, called the Alleged Onset Date or AOD. This may be the date you had to stop working. Or it might be the date you had an accident, a heart attack or were diagnosed with a severe illness. But you must take your disability back to that date. You did not become disabled just as you walked into the hearing. So, think in terms of WHEN you first became unable to work. Take your symptoms and functional limitations all the way back to that date--and from that date forward until today (the hearing date). This determines how much past due benefit you can get.
(2). When asked about jobs you performed in the past, be clear and precise about each job. Briefly summarize what you did at each job. For example, "I ran ran an aluminum stamping machine that made soft drink cans." State how much you were on your feet during a typical day and also what the maximum weight you lifted at each job. The vocational expert sitting at the end of the table will classify each past job (going back 15 years). She will later be asked if you can still perform any of those jobs, given your current functional limitations. If the answer is Yes, you have probably lost your case. So, those past jobs are more important than you might think. To help the expert properly classify each past job, specify the maximum weight you ever lifted, and how much of an 8-hour workday was spent standing and/or walking.
Can you stand and walk up to 2 hours at a time? Can you sit for 2 hours or more (long enough to ride to Six Flags on vacation)? Are you able to push and pull (as in operating a lawn mower or pushing a shopping cart)? Do you have adequate ability to get out in public, make simple decisions and perform short, simple tasks (grocery shopping, paying bills, attending school functions)? Can you lift and carry a gallon milk? If so, you may be able to perform sedentary work. In short, how normal are your activities of daily living? Are you severely restricted? If not, you are probably not disabled under Social Security's rules.
(1). You are not trying to prove that you are disabled now, on the date of the hearing. You are trying to prove that you became disabled at some earlier date, called the Alleged Onset Date or AOD. This may be the date you had to stop working. Or it might be the date you had an accident, a heart attack or were diagnosed with a severe illness. But you must take your disability back to that date. You did not become disabled just as you walked into the hearing. So, think in terms of WHEN you first became unable to work. Take your symptoms and functional limitations all the way back to that date--and from that date forward until today (the hearing date). This determines how much past due benefit you can get.
(2). When asked about jobs you performed in the past, be clear and precise about each job. Briefly summarize what you did at each job. For example, "I ran ran an aluminum stamping machine that made soft drink cans." State how much you were on your feet during a typical day and also what the maximum weight you lifted at each job. The vocational expert sitting at the end of the table will classify each past job (going back 15 years). She will later be asked if you can still perform any of those jobs, given your current functional limitations. If the answer is Yes, you have probably lost your case. So, those past jobs are more important than you might think. To help the expert properly classify each past job, specify the maximum weight you ever lifted, and how much of an 8-hour workday was spent standing and/or walking.
(3) When asked about seemingly innocent daily activities, you are really giving the judge information about whether there are jobs you can perform. Can you prepare meals, clean hour house, drive, do grocery shopping or mow your grass? When's the last time you went on vacation? Where did you go? What are your hobbies? Judges often ask these questions in the warmest, friendliest manner. Here is what they are fishing for:
While you should be absolutely truthful about your activities of daily living, you should also explain problems, struggles and difficulties in performing any of these activities. For example, don't simply say, "Yes I can buy groceries," if you actually have to ride a motorized cart when you go to Wal Mart, or if you need assistance with loading or unloading your groceries. If you can only cut your grass with a riding mower and you require a break every 20 minutes due to pain," don't simply say, "Yes, I can cut my grass." Explain your limitations truthfully and fully.
Since you are not presently working, the judge has only one way to decide if you can still perform work activities: that is by judging your at-home activities on a day to day basis.
You have legal counsel, your representative will prepare you in advance for the testimony you are about to give at your hearing.
WHY SOME CASES GET APPROVED AND OTHERS DON'T
Some disability claimants take time to find out what Social Security's rules are. Some don't. The ones who do are much more likely to get their benefits approved.
Social Security disability is not an entirely arbitrary process. It has rules and regulations. The law dictates who can get benefits and who can't.
Sometimes claimants lose sight of the fact that Social Security is an evidence-driven, proof based process. It isn't enough to believe you are disabled, or to convince your attorney that you are disabled, or even to convince the judge that you are disabled. You must use objective evidence to prove that you meet the agency's strict rules of disability.
I think I have a very different image of administrative law judges than the average client has. The client sits in a hearing trying to say something to convince the judge that he/she is disabled. I know better. I picture the judge with a Social Security rule book in one hand and a pencil in the other. He has a copy of Parts 1-99 of the 20 Code of Federal Regulations. He is using a pencil to check off essential regulations that the claimant meets. If all of the essential rules can be checked off, the claimant wins. If not, the claim is denied.
What I'm saying is, it's a much more technical and objective process than most people realize. Making a good argument is only effective if the argument is about how the case meets the rules and regulations and Social Security is legally obligated to pay the claim--according to the Code of Federal Regulations.
People often tell me, "My sister (uncle, brother, neighbor) got disability benefits without any problem." And I'm thinking, "Yes, they proved that met the rules and regulations. Probably had a good lawyer."
People who get approved proved that they met the rules (even if they didn't know it). People who don't get approved failed to meet the rules (even if they didn't know it). That's the big difference between winning and losing.
_________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
Social Security disability is not an entirely arbitrary process. It has rules and regulations. The law dictates who can get benefits and who can't.
Sometimes claimants lose sight of the fact that Social Security is an evidence-driven, proof based process. It isn't enough to believe you are disabled, or to convince your attorney that you are disabled, or even to convince the judge that you are disabled. You must use objective evidence to prove that you meet the agency's strict rules of disability.
I think I have a very different image of administrative law judges than the average client has. The client sits in a hearing trying to say something to convince the judge that he/she is disabled. I know better. I picture the judge with a Social Security rule book in one hand and a pencil in the other. He has a copy of Parts 1-99 of the 20 Code of Federal Regulations. He is using a pencil to check off essential regulations that the claimant meets. If all of the essential rules can be checked off, the claimant wins. If not, the claim is denied.
What I'm saying is, it's a much more technical and objective process than most people realize. Making a good argument is only effective if the argument is about how the case meets the rules and regulations and Social Security is legally obligated to pay the claim--according to the Code of Federal Regulations.
People often tell me, "My sister (uncle, brother, neighbor) got disability benefits without any problem." And I'm thinking, "Yes, they proved that met the rules and regulations. Probably had a good lawyer."
People who get approved proved that they met the rules (even if they didn't know it). People who don't get approved failed to meet the rules (even if they didn't know it). That's the big difference between winning and losing.
_________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
PAST RELEVANT WORK AND WHY IT MATTERS
During your disability hearing, the administrative law judge will ask the vocational expert to classify your past relevant work (PRW) - which means all the jobs you have done during the last 15 years. Why is this important?
Because the judge will ask the vocational expert if you are able to perform any of those jobs, based on your age, education and residual functional capacity. If the answer is yes, you have probably lost your hearing.
Where does information about your past work come from? If you remember back to the time when you filed your original application for disability benefits there was a form called "Work History Report." That form asked you a lot of questions about each of your past jobs: job title, salary, what you did all day on the job; how much you had to sit, stand, and walk; what was the heaviest weight you lifted, etc. This form follows you all the way to the hearing, 2 or 3 years later and this is where the vocational witness gets most of the information about your past jobs. Unfortunately, most claimants either skip this form completely or provide only skimpy information, thinking that it's just another annoying form that isn't important.
The easier (less demanding) your past jobs seem, the more likely the judge will find that you can still perform one or more of them. This leads to what we call a Step 4 denial: The claimant is able to perform past relevant work.
The Work History Report is very important and should be completed carefully. If it was not, your representative should be careful to question you at the hearing to get on the record the details of each job you performed during the past 15 years (the relevant period). In doing this, your attorney is trying to avoid a Step 4 denial. If you are age 50 or over, a finding that you are no longer able to perform past work may be enough to win your case.
There are so many things going on in a Social Security disability case that the claimant is not aware of. It's like an iceberg. You an see a little of it above the water line; however, most of it is below the surface and is invisible. That's why you must trust your representative to know what to do, both at the hearing and in preparing for the hearing.
----------------------
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
Subscribe to:
Posts (Atom)