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.
Wednesday, September 6, 2017
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.
Friday, July 21, 2017
WHAT THE VOCATIONAL EXPERT (VE) DOES AT YOUR HEARING
Social Security always calls a vocational expert to testify at disability hearings when the claimant is an adult. This is because work--past, present and future--is a vital part of the disability decision making process.
The vocational witness has 3 major roles in the hearing, involving past work and future work.
PAST WORK
The judge will ask the vocational exert (VE) to describe and classify each job the claimant as held within the 15 year period prior to filing a disability claim. The VE will classify each job as to its skill level: skilled, semi-skilled or unskilled. He/she will also classify each past job as to its exertion: sedentary, light, medium, heavy or very heavy exertion.
The judge will set forth a series of hypothetical scenarios involving different levels of exertion and with a different set of work related restrictions. The VE will then be asked whether, based on these scenarios, the claimant is able to perform any of the past relevant work.
OTHER OR FUTURE WORK
If the claimant has been determined able to perform any of his/her past work, then the claim is denied. If the VE testifies that no past relevant work remains available, the case moves to Step 5, the final step in the hearing process. The question here is: "Based on this same set of restrictions and hypothetical scenarios, can the claimant perform ANY OTHER work which exists in the national economy?"
In more cases than not, the VE will testify that while the claimant cannot perform any past work, he or she can still perform certain other jobs. For instance, all the past work was performed at the medium exertion level, which required lifting up to 50 pounds occasionally. However, there are millions of jobs available in the Light exertion level, where the most weight that has to be lifted is 20 pounds occasionally. So, the VE might testify that claimant could perform such Light Exertion jobs as:
Or, if the judge poses a hypothetical question which leaves the claimant only able to perform sedentary work (done from a seated position most of the time), the VE might offer the following sedentary jobs:
The best hope the claimant has is to have a representative present who can question the VE and use the medical evidence to cast doubt on his or her testimony. Remember, if the judge believes the claimant can perform even 1 of his or her past jobs, the claim is denied. If the claimant is under age 50, and the judge believes that he or she can perform some other work that is being done in the national economy, the claim will be denied. So, the vocational testimony is critical to the outcome of the case.
_____________________
SVP stands for "Specific Vocational Preparation," and refers to the amount of training required to perform a certain type of job. The higher the number, the more skilled the job is and the more education and training are required. For example an SVP of 2 requires no more than a brief demonstration--something that you could learn in a few minutes or maybe a couple of hours. An SVP of 8 would require several years of college or post graduate education, such as a doctor, lawyer or engineer would require.
The vocational witness has 3 major roles in the hearing, involving past work and future work.
PAST WORK
The judge will ask the vocational exert (VE) to describe and classify each job the claimant as held within the 15 year period prior to filing a disability claim. The VE will classify each job as to its skill level: skilled, semi-skilled or unskilled. He/she will also classify each past job as to its exertion: sedentary, light, medium, heavy or very heavy exertion.
The judge will set forth a series of hypothetical scenarios involving different levels of exertion and with a different set of work related restrictions. The VE will then be asked whether, based on these scenarios, the claimant is able to perform any of the past relevant work.
OTHER OR FUTURE WORK
If the claimant has been determined able to perform any of his/her past work, then the claim is denied. If the VE testifies that no past relevant work remains available, the case moves to Step 5, the final step in the hearing process. The question here is: "Based on this same set of restrictions and hypothetical scenarios, can the claimant perform ANY OTHER work which exists in the national economy?"
In more cases than not, the VE will testify that while the claimant cannot perform any past work, he or she can still perform certain other jobs. For instance, all the past work was performed at the medium exertion level, which required lifting up to 50 pounds occasionally. However, there are millions of jobs available in the Light exertion level, where the most weight that has to be lifted is 20 pounds occasionally. So, the VE might testify that claimant could perform such Light Exertion jobs as:
- Marker, DOT Code 788.584-014. SVP 2,* meaning that no formal training is needed (See footnote).
- Hand Packager, DOT Code 559.687-074, also SVP 2 (little or no training required).
- Carbonation Tester, DOT Code 522.587-010. SVP 2 (Little training needed)
Or, if the judge poses a hypothetical question which leaves the claimant only able to perform sedentary work (done from a seated position most of the time), the VE might offer the following sedentary jobs:
- Food and Beverage Order Clerk, DOT Code 209.567-014. SVP 2 (Little training needed).
- Cutter and Poster of Press Clippings, DOT Code 249-587-014. SVP 2, can be learned in a few minutes).
- Surveillance System Monistor, DOT Code 379.367-010. SVP 2.
The best hope the claimant has is to have a representative present who can question the VE and use the medical evidence to cast doubt on his or her testimony. Remember, if the judge believes the claimant can perform even 1 of his or her past jobs, the claim is denied. If the claimant is under age 50, and the judge believes that he or she can perform some other work that is being done in the national economy, the claim will be denied. So, the vocational testimony is critical to the outcome of the case.
_____________________
SVP stands for "Specific Vocational Preparation," and refers to the amount of training required to perform a certain type of job. The higher the number, the more skilled the job is and the more education and training are required. For example an SVP of 2 requires no more than a brief demonstration--something that you could learn in a few minutes or maybe a couple of hours. An SVP of 8 would require several years of college or post graduate education, such as a doctor, lawyer or engineer would require.
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