WHAT DOES IT MEAN WHEN IT SAYS........

"I got this letter from Social Security today.  What does this mean.....?"

Social Security is controlled by federal laws, rules, regulations and court decisions.  No wonder much of their language can't be interpreted.

Most Social Security decisions are riddled with terms such as:  Alleged Onset Date, Date Last Insured, consistent with the main body of medical evidence, material fact, treating source opinion, etc.

You may also encounter dozens of references to Social Security regulations, such as 20 CFR 404.1527 or (20 CFR 404.1520(b)).  These references are used by the judge to explain how he or she arrived at a decision under the law.

One of the great benefits of having a representative is the ability to ask questions.  What does this mean?  How does it affect me?  What should I do about it?

Understanding the difficult language of the Social Security Administration and the federal government is a big part of handling your claim or appeal correctly.

While Social Security has tried to put many things into more simple language, there are still a lot of "mysteries" in some of their statements.  And their formal decisions are written in legalize that may be hard to understand.

7 SIGNS YOU HAVE A GOOD DISABILITY CLAIM

Having represented thousands of disability claims over the years, I have learned to recognize the signs of a really strong disability claim.  Here are 7 of them.

1.  Your doctor recommended that you file for disability.  You should get your doctor to provide a written Medical Source Statement supporting your claim.

2.  You have a long, steady work history.  The longer you have worked the more credible your claim is.

3.  Your past work required standing, walking and a great deal of lifting.  In other words, it require rather heavy physical exertion, not sitting behind a desk all day.

4.  You have tried to keep working but failed because symptoms were just too severe. 

5.  You have worked at least 5 out of the last 10-year period.  This is the usual requirement to be covered (insured) by Social Security disability insurance.

6.  There are consistent and recent medical documents to support your disability.  These should usually include MRI, CT scan, X-ray or other objective diagnostic tests.

7.  You are at least 50 years old when you claim to become disabled.  Younger claimants do get benefits sometimes; however, claimants age 50 or over have a much better chance due to favorable grid rules.

Keep in mind that even solid claims get denied--and this happens more often than it should.  It is usually necessary to appeal a denied claim twice and take it before an administrative law judge for a hearing to get paid.  In fact, over two-thirds of all claims filed in Alabama wind up before a judge.

My firm specializes in representing claimants before the Social Security Administration at hearings.  We will evaluate your case for free--and we will never charge you a fee until after you get paid, including your back pay.  When your case is favorably decided, you keep 100 percent of your monthly checks.

If we don't win, you don't pay.

__________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

CALL  (256) 799-0297

IS THERE TAX ON SOCIAL SECURITY DISABILITY BENEFITS?

Do you have to pay tax on your Social Security disability income?

Yes, Social Security income is taxable.  Most people, however, do not end up paying any tax.  About one-third of people on disability will pay some tax.

This is because when other income, such as a spouse's income, is added--tax may be due.

The rule of thumb is this:  If you file as a single taxpayer and your total annual income is less than $25,000 (from all sources, including Social Security) no tax is due.  If your income from all sources totals more than $25,000, you will have some tax due.

If you are married and filing a joint return, total combined income may be taxable if it is $32,000 or more, including Social Security benefits.

SPIN YOUR WHEELS....SPIN YOUR WHEELS....AND GET NOWHERE

I recent talked to a young man who called me about his Social Security disability.  "I applied and got denied," he said.  "Then I applied again and got denied again." 

This young man is like many, many people who call me.  His application for benefits was denied.  He failed to appeal and just filed a new application, which was also denied.

You might say he has been stuck in the muddy mire of Social Security, just spinning his wheels, going nowhere.  His big mistake?  Failure to file a timely appeal.

What is a "timely" appeal?

A timely appeal is one that is filed within the deadline.  Social Security allows 60 days to appeal a decision that you disagree with (a denial).  After the 60 days have expired, no appeal is possible.

Filing a new claim is your only option then, and the new claim will meet the same fate.  Here's the way it work:

New Claim =  Same Agency = Same Evidence = Same Decision

Think of it as a ladder.  Your application begins on the lowest rung.  An appeal moves it up the ladder to next rung.  Each time you are denied, appeal and keep moving your case up, up, up the ladder toward to top.

A new application goes to the lowest rung on the ladder again.  It doesn't move up.  Therefore, nothing good happens.

An appeal moves your case up the ladder to a higher authority.  Each time you move up the ladder, your chance of approval gets better and better.

RUNG 1:  Your application is reviewed by the state agency.

RUNG 2:  Your appeal is reviewed by a different decision maker.

RUNG 3:  Your appeal goes to an Administrative Law Judge (hearing).

Rung 3 on the "ladder" is your best chance.  But you can't get there by filing new application after new application.  You only get there by appealing every denial.

Get a Social Security specialist to move your case "up the ladder" toward approval.  If You Don't Win, You Don't Pay.

________________

The Forsythe Firm

Social Security Disability Specialists

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

CALL (256) 799-0297

BIGGEST MISTAKES BY PEOPLE TRYING TO GET SOCIAL SECURITY DISABILITY

Getting approved for SSDI benefits is never easy.  Avoiding these mistakes can make it a lot easier, faster and better paying:

1.  Get adequate and current medical treatment.  The formal medical evidence is the most important part of your claim.  See your doctor and follow medical advice.  Get the tests your doctor advises.

2.  Stop working before you apply.  If you are working, Social Security will give you a Step 1 (right off the bat) technical denial.

3.  See if you have enough "work credits" to be covered.  Most people can apply up to 5 years after they stop working and paying into Social Security.  If your work history is skippy, you may not have as long.

4.  Don't work after you the date you claim your disability began.  This will cause you to be denied and there is no effective appeal for this.

5.  Be sure your disability is expected to last longer than 12 months.  Short term disability is not covered.

6.  Realize that the Social Security doctor will not approve you.  In most cases, the doctor that Social Security sends you to will cause a denial, not approval.

6.  Don't fail to get your own doctor's support.  Doctors have "pecking order" with Social Security.  They pay more attention to your own physician than any other doctor.  \

7.  Don't fail to get treatment by a medical specialist if you need to.  For example, a cardiologist will treat heart problems; an orthopedic specialists will help you with spine, bone or joint disorders.

8.  You must file a timely appeal.  Social Security denies about 70 percent of applications.  When denied, you only have 60 days to file an appeal.  This is a serious and strict deadline. The first appeal will usually be denied, too.  So, you file a second appeal and ask for a hearing before an administrative law judge. Keep going up the chain of command.

9.  Failing to consult a Social Security specialist.  Many mistakes may be avoided if you simply take time to speak to a specialist who understands the rules and regulations of Social Security.  Someone who has handled hundreds of disability claims and appeals can help walk you through the process.  Best of all, you won't be charged a fee unless you win and collect some past due pay!  YOU DON'T PAY  IF YOU DON'T WIN.

10 REASONS DISABILITY CLAIMS GET DENIED

Social Security denies up to 80 percent of disability applications.  Here are the top 10 reasons why claims are denied:

1.  Lack of Medical Evidence.  The law requires objective medical evidence of a severe impairment that makes it impossible to work a full-time job.  Without this hard evidence the claim cannot be approved, even if the judge believes you are disabled.

2.  Incomplete Claim Forms.  Every application that I've reviewed that was submitted by the claimant is incomplete in some way.  Most claimants skip questions or fail to complete every form they are sent.  Most common problems are with the Work History Report.  I don't think I have ever seen a complete Work History Report completed by the applicant.  The Function Report often suffers.  This is not the time to cut corners.

3.  Disability Won't Last 12 Straight Months.  Social Security does not cover a period of disability that lasts less than 12 consecutive months. 

4.  Claimant is still working.  If you are still working at substantial gainful employment when (or after) you file your disability claim, it gets a Step 1 technical denial.  You cannot work and get disability benefits at the same time, no matter how sick you are.

5.  Been Denied Before.  Many applicants get denied, then choose to file a new application.  The second application is nearly always denied, too.  It's usually much better to appeal the denial than file a new application.  An appeal takes you up the chain of command--to someone who can give you a new and better decision.  New applications often accomplish nothing (spinning your wheels)!

6.  Under Age 50.  Some claimants under the age of 50 do get approved, but only if they have very severe and obvious impairments.  Individuals age 50 and over have an easier time.

7.  Failure to Cooperate.  Getting disability benefits is a long process.  You will need to cooperate by completing all forms (and some of them are long), attending any scheduled exams, returning phone calls, answering questions, appearing at hearings on time, etc.

8.  You Can Do Easier Jobs.  Even if you can't do the work you have been accustomed to, you may be able to work at an easier job.  For example, you are not able to continue as a construction worker, but you could work at a sedentary (sit down) job or a light job (with no heavy lifting).  Social Security will find you not disabled because there is some work you could still perform.  This is particularly a problem for claimants under the age of 50.

9.  Stopped Working for Something Other Than Disability.  Social Security only covers one thing:  the inability to work due to a physical and/or mental impairment.  If you stopped working to care for a sick family member, because you had a fight with your boss, weren't making enough money, or went back to school--Social Security sees that as quitting work for "non-disability" reasons, which are not covered by the Social Security Act.

10.  Failure to Get Legal Help.  Disability attorneys and advocates understand the process, the requirements and stipulations.  They know what evidence is required to prove your case.  But can you afford legal help?  Yes, because you pay nothing up front and work off a contingency fee agreement.  You agree to pay a fee only if your case is successful and results in past due benefits.  If your case fails, or if there are no past due benefits, you cannot be charged a fee, according to Social Security regulations. If you don't win, you don't pay.

__________________

The Forsythe Firm

Social Security Counselors

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

"Across From Bridge Street"

CALL (256) 799-0297

FREE CONSULTATIONS

We work for you.  Not affiliated with the Social Security Administration or the US Government.

ALABAMA DISABIITY PROGRAM ISN'T IMPOSSIBLE: JUST INTIMIDATING

What makes trying to get Social Security disability benefits so intimidating?  Lots of things.  First, it's run by the US government.  They don't make anything easy.  Some other reasons.

1.  There is about a 75 percent chance of rejection, initially.  We all hate rejection.

2.  The forms, questions, and paper chase process amounts to dozens of pages and literally hundreds of questions, including:  "Do you help take care of any pets or animals?"  Or, "Do you visit family or friends, in person, on the phone or on the internet?"  Hundreds more.

3.  Most claimants must make not one, but two appeals to get approved.  The first appeal, called "Reconsideration," has a 95 percent denial rate.

4.  The second appeal is a hearing before an administrative law judge (ALJ).  While many ALJ's are professional and courteous, some treat you like you are a criminal.

5.  It takes way too long to go through the process.  For most folks, it will take a year.  For some, it will take two years or more.

6.  Claimants will be examined, investigated, questioned, poked, prodded and sometimes intimidated like never before in their lives. 

How Can You Make the Process Easier?

Put a go-between or mediator between you and the government.  Specifically, you want an "advocate" who who is dedicated to helping you and convincing the government that you qualify for benefits.  An advocate makes the process better in several ways.....

1.  You avoid most direct contact with the government.

2.  You do much less paperwork and receive fewer phone calls.

3.  The advocate knows the rules of the Social Security program, what to submit, when to submit it, how to word it....etc. 

4.  An advocate greatly improves your chance of being approved.

5.  If you go before a judge, your advocate "speaks the judge's language."  He or she can quickly explain what the judge needs to know to approve your case.

6.  Your advocate can easily answer all your questions.  You don't need to wait on hold for 15 to 45 minutes with Social Security.

__________________

Sponsored by:

THE FORSYTHE FIRM

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

"Across From Bridge Street"

Phone:  (256) 799-0297

                                              Free Consultations _ No Fee Until You Win!