"NEVER WORKED A DAY IN HIS LIFE BUT GETS SOCIAL SECURITY DISABILITY" ??????

There are a lot of myths, legends, superstitions and stories about Social Security disability and how it works.  One of my favorites is the street legend that we hear a lot:  "He never worked a day in his life but he still gets Social Security disability checks."

Of course, this is simply not possible.  In order to be covered for Social Security disability insurance (SSDI) a person must have worked and earned a minimum number of work credits.  For most individuals, they must have worked at least 5 years out the most recent 10-year period to be covered or "insured" by Social Security's Title II, which can pay a disability benefit.  Without work credits, no SSDI benefit is possible.

Part of the confusion lies in the fact that people confuse Social Security disability (SSDI) with Supplemental Security Income (SSI).  SSI is a welfare program for the very poor who are either elderly or disabled.  SSI requires no work history.  Because SSI is administered through the Social Security Administration, in cooperation with the state government, many folks confuse it with SSDI.  But SSI is not part of the Social Security disability program. It's really an income based program for the needy.

Here is a comparison or contrast:

SSDI                                             SSI

Paid for by workers who pay FICA tax                                Requires no work and no tax

Has no income restrictions to get benefits                            Has severe income restrictions

No restrictions on claimant's financial resources                   Severe restrictions on resources

Maximum benefit can be over $3,000 per mo.                    Maximum benefit is $791/mo.

Comes with Medicare after the waiting period                    Medicaid with no waiting period

Funds paid by the Social Security Trust Fund                      Pays from government revenue

Requires only medical proof of disability                            Requires medical proof of                                                                                                         disability AND financial need

Administered by Social Security Administration                The only thing that's the Same

 

 

 

 

HOW MUCH IS YOUR DISABILITY CASE WORTH (IN DOLLARS)?

A Social Security disability case can be worth a lot of money.  How much will your monthly check be?  That depends basically on your wages over your working lifetime.  The more money you earned, the more FICA tax you paid, the more benefit you get.

The maximum monthly benefit can be over $3,000.  And dependent children may get substantial additional monthly benefits until they graduate high school. 

And just think:  these benefits may continue until the beneficiary reaches full retirement age.  For example, a person who becomes disabled at age 35 may receive monthly benefits for up to 31 years before switching over to retirement benefits.

 And it's not just the monthly checks.  SSDI comes with Medicare health insurance that can cover doctor bills, hospitalizations, outpatient care, and even prescription drugs (by buying Part D).  Medicare alone can be worth hundreds of thousands of dollars, especially if the beneficiary has a lot of health problems and requires frequent or extravagant medical treatments. 

Is Social Security disability easy to get?  No, it isn't.  The requirements to qualify are very, very strict and the process is grueling, time consuming and frustrating.  A claimant may end up before a federal Administrative Law Judge (ALJ) before getting approved.  So, don't expect it to be easy.  But it's worth it.

P.S.  You must have worked and paid into Social Security (FICA tax) recently to be covered. It doesn't cover everyone, only insured workers or recent workers.

Our job as disability counselors or advocates is to help our clients prove their case and get approved.  We are not allowed to charge any fee for our representation until the claimant is approved and qualifies for retroactive pay, or back pay.  Social Security will then authorize our fee and pay us directly from the US Treasury.  The fee is deducted from back pay.

The Forsythe Firm has been helping disabled individuals get Social Security disability benefits for 2 decades.  We pride ourselves on giving close personal attention to each client and we are proud of our high success rate. 

WHY YOU SHOULD AVOID A REPRESENTATIVE PAYEE (RP)

 

When a claimant has a physical or mental impairment that might prevent them from handling their own benefits, Social Security may require a "Representative Payee" or RP for short. This is a third party who will receive the claimant's Social Security payments, then dole the money out to the claimant, using their own judgment. So, the benefits do not go directly to the claimant, but to the representative payee. The PR can give the claimant as much, or as little, of his own money as the PR wishes.

The representative payee may be a spouse, family member or some other person not necessarily related to the claimant. It is the responsibility of the Social Security Administration to decide (1) Does the claimant need a representative payee, and (2) Who will be the representative payee? 

 

 Persons who may need a representative payee are persons who can't make good judgments, can't handle their own financial affairs, need mental supervision, or have a serious drug or alcohol problem, etc. In this type situation, an RP is probably a good idea. Just be sure to choose an RP who will look out for YOUR best interests.  

Why to Avoid Representative Payees if Possible

Unless it is absolutely necessary, I recommend you avoid having a Rep Payee. I've seen all kinds of abuse by Rep Payees (RP). Sometimes the RP uses the Social Security money for their own needs or desires and the claimant suffers. The claimant is pretty much at the mercy of the RP when he/she wants or needs money. While there is theoretically accountability by the Social Security Administration, there is little RP supervision in reality. If the claimant complains about his/her RP, it can take a long time to get a response from Social Security, and they may never give the claimant a satisfactory resolution to the problem.

There have been attempts by the US Government to use the need for a representative payee to restrict other rights, such as gun ownership. The theory is that if an individual is not able to handle his/her own finances and needs an RP, they are not able to handle a gun responsibly. This is, of course, a ridiculous assumption. Just because someone can't make sound financial judgments doesn't mean that they are dangerous. The very fact that a clerk in the Social Security office can decide to take away an individual's Second Amendment rights is ridiculous. This is not currently the practice, but it has been attempted by liberals in the US Congress. And the issue is not going away. It will be tried again, and again. So, avoid using a Rep Payee if you can. You're just better off without one.

Who knows? Perhaps one day some Social Security employee may get to decide that a person using a representative payee is not safe to fly on an airplane, or board a cruise ship, or exercise some other right. I'm not a conspiracy theorist, but leftists in the Government have already shown their hand. The decision to deny someone their Constitutional rights should belong to an official higher than a Social Security employee who conducts a ten minutes interview with the claimant.

 

  If you absolutely must have a RP, try to get someone appointed to that position that you trust explicitly and who uses good judgment on financial matters.

 

Part of our job is to help you protect your rights.

KNOW WHERE THE MINES ARE BURIED

 

The most dangerous part of any battle zone is crossing it before the explosive mines have been found and disarmed. You can't see the mine until you've stepped on it, then too late!

Social Security disability hearings are like legal minefields. The claimant doesn't know where the mines are buried and often steps on them before realizing they are there. They are always buried just beneath the surface, waiting to destroy your claim.

The only solution is a guide who has a map of the minefield. He knows what the mines and where they are. In most cases, he can find them before you step on them and blow up your case.

This may sound a little dramatic but I promise it is literally true. For example, consider a recent hearing I had before an administrative law judge. The claimant was 55 years old with past work all at the medium exertion range. A very strong case. Except for the buried mine. He had one brief job that was performed at the sedentary level. If the vocational witness testified that he could still perform that easier, sedentary job, the claim would be denied and all benefits lost.

What I discovered was the this one problematic job was only performed for about 3 months. And the claimant was being trained to perform the work--thus he was a trainee for the entire period. And the training didn't go very well. So, when I was able to get that job title re-classified as a "trainee" and for only for about 90 days, the hidden mine failed to explode. The vocational witness testified that my client did not work long enough to learn the skills required for the job and the judge therefore ruled it was not past relevant work. Problem gone! Case won. Money in the bank. But it could easily gone the other way!

It's one simple example of how an attorney/advocate who knows the rules can side-step the mines and cross the minefield safely to bring home the money!* A simple oversight in this case would've cost this claimant tens of thousands of dollars and a lifetime of benefits.

Get a lawyer and let him/her guide you across the minefield. There is no risk, the cost is very small and it beats losing your case and all your money. Once you step on a mine, it's almost impossible to recover and undo the damage.

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*I do not mean to represent that having an attorney or advocate always results in winning a case and certainly there are no guarantees as to the outcome of any case. But I think you are better off, by far, with someone who knows the process and how to navigate it.

THE PROCESS IS DESIGNED TO KEEP YOU OFF DISABIITY BENEFITS. THAT'S RIGHT....OFF.

 

The Social Security Administration tries very hard to keep people OFF disability benefits.

You might think that Social Security wants to include as many people as possible on their disability plan. Just the opposite is true. The disability application process is well designed to keep you OFF disability benefits. And it works very well. Most people keep getting denied. They apply again, and get denied. Apply again and get denied.

I talk to people every day who have tried and failed to get disability benefits. Many of them have tried for years--only to fail again and again. Why? Because tThe system is not designed to approve you. The system is designed to deny you.

Imagine a football game. The players keep moving the ball around for hours. But nobody scores. No player gets the ball close to the goal. They keep moving the ball laterally across the field, from one side to the other, but not toward the end zone and goal. The game could go on until everyone is exhausted or too discouraged to play any more, but no one is going to win.

Social Security disability cases must be moved toward the goal line. Having a case just move across the field is no good.

The Forsythe Firm knows the direction your disability case needs to move--upward, upward, towards the goal of getting an award--an approval. Movement isn't enough. Movement must be in right direction! Call the Forsythe Firm and let us find out what direction your case is moving (if it's moving at all). The consultation is FREE and you will never be charged a fee unless you win and recover your back pay. Call (256) 799-0297.

HOW TO MAKE ENDS MEET WHILE WAITING ON SOCIAL SECURITY DISABILITY

 

Unfortunately, many claimants wait twelve months or more to get a favorable decision on their Social Security disability claims. Of course, disability means that these claimants are not working. This begs the question, "How do I make ends meet while I'm waiting on Social Security to approve me?"

There is no simple answer since Social Security has no temporary or emergency benefit. Most claimants cut expenses to the minimum and put together several sources of help to make ends meet while they are waiting. Some of these may include:

• Applying for disability benefits with your employer (STD and/or LTD)

•  Using savings wisely to help pay for necessities. 

• Taking out a second mortgage or home equity loan;

• Opening a line of credit or using credit cards, as long as you do so responsibly and only for necessities;

• Borrowing against a 401(k) or "cash value" life insurance policy; or

• Asking to borrow from family and/or friends.

• Getting SNAP assistance (food assistance) from the local Dept. of Human Services.

• Contacting "Hardest Hit Alabama" for help with mortgage payments (https://www.hardesthitalabama.com/contact.aspx)

• Call your utility company to see who helps with utility bills.  

•  Working part-time but you must not earn at least $1,310 per month gross. 

WHY NOT APPLY FOR UNEMPLOYMENT BENEFITS?

State unemployment benefits are for persons who are able to work, ready to work, and looking for work. They are not intended for disabled individuals. If you receive unemployment benefits, it may render you ineligible for Social Security disability payments for the months that you received unemployment benefits. Under Alabama rules, if you are disabled you are no longer in the workforce (the pool of available workers), and not entitled to unemployment benefits. There is a serious conflict between unemployment and Social Security disability.

Hiring an attorney may or may not speed up your SSDI benefits. However, getting representation will definitely approve your chance of being approved. Statistics show that claimants with legal representation get approved between 2 and 3 times more often than non-represented claimants. And possible a knowledgeable attorney/advocate can prevent mistakes that could delay your claim for months.

Get a free consultation about the particulars of your SSDI claim--FREE--by calling the Forsythe Firm in Huntsville. We have 20 years experience in Social Security disability and we work only in this area of practice. Our firm has a high success rate with SSDI claims and appeals. You may speak to us about your case at no cost, no obligation, by calling (256) 799-0297.

THE WORST MISTAKE YOU CAN MAKE WITH SOCIAL SECURITY

What's the worst mistake you can make when trying to get Social Security disability?

Answer:  Waiting too long to file an appeal when you're denied.

In about 70 percent of cases, applicants will get a letter saying, "You are not disabled under our rules."  This is the standard response to most applications.

 The most important thing to do after being "denied" is to file a written appeal, called a "Request for Reconsideration." THIS MUST BE DONE WITH 60 DAYS. This will also be denied. 

 Then, within 60 days, another appeal must be filed which requests a hearing.  At this stage, you have a good chance to win and be paid.

However, if you wait longer than 60 days to file an appeal (at any step), your right to an appeal expires and this mistake can never be corrected.  So, your case only "lives" for 60 days after a denial unless you file an appeal.

You may be able to file a new application and start over.  This will require waiting another 6 months for an initial decision, then waiting 3 to 5 months for Reconsideration, then waiting 6 to 12 months for a hearing.  So,  starting over with a new application can delay your benefits by up to 2 years.  And, your insured period may expire before you file the new application, making it impossible to ever file a new claim.

BEST thing you can do:  File your appeal within 60 days of any denial.

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Need help with a Social Security appeal or hearing?  Call the Forsythe Firm in Huntsville at (256) 799-0297.