GREAT NEWS FOR VETERANS

The law permits disabled veterans to receive both VA benefits and Social Security disability benefits.  The two programs do not offset or interfere with each other at all.

If you are a recently disabled veteran, you should apply for Social Security disability now.  You may eligible to receive more than $2,500 per month in addition to your VA benefits.

Even if you are not yet discharged from active service, Wounded Warrior provisions make it possible to apply for SSDI benefits now.  You should let your advocate or attorney know if you have a VA disability rating, as this may speed up and help with your SSDI claim.

Your military pay may not interfere with SSDI eligibility.  However, if you are working a non-military job after leaving the service, you may not be eligible for SSDI benefits.

My office handles a lot of veterans claims and we will work with you to determine the benefits you can qualify for.  Call us for a free consultation at no obligation. 

THE FORSYTHE FIRM
7207 Old Madison Pike - Suite 108
Huntsville, AL 35806

PH (256) 799-0297
 
OUR WEBSITE 


 

HOW MUCH MONEY CAN YOU HAVE AND GET DISABILITY?

How much money can you have in the bank and still get Social Security disability benefits?

ANSWER:  There is no limit to how much money you can have and still receive SSDI benefits from Social Security.


Social Security disability benefits are not means tested.  A beneficiary is not required to be poor or have limited financial resources to receive SSDI benefits.

The confusion arises because of SSI or "Supplemental Security Income" (Title 16), which is a type of welfare and does restrict income.  SSI, however, is a separate program and is not Social Security Disability (SSDI).

SSDI, the regular disability program, is under Title 2.  It is based on FICA taxes paid by the worker into the Social Security trust fund.  These taxes are used to insure the covered worker against disability.  Since it is an insurance contract with the US Government, it does not require that a person have restricted wealth or low income to get a benefit.  So, an individual could have a million dollars in the bank and still qualify for SSDI (because he paid for it).

However, if an individual has not worked and paid into the Social Security trust fund, he is not covered by SSDI.  If this individual applies for an SSI benefit under Title 16, he would be restricted to no more than $2,000 in assets and would also have to have a very limited income.  ($2,000 is the limit for a single individual; a couple may have $3,000).

So, the first thing to determine is this:  Are you applying for SSDI (Title 2) or SSI (Title 16)?  That will answer the question as to whether there are any income/wealth restrictions.

NO with Title 2 or SSDI.

YES with Title 16 or SSI.

ARE YOU COVERED BY SOCIAL SECURITY?

Not everyone is covered by Social Security disability.  The Social Security Act covers only workers who have earned enough work credits to be insured.

In 2018, one work credit is earned for any calendar quarter in which the worker earns wages of at least $1,320.  For example, if you earn wages of $1,320 between January 1, 2018 and March 30, 2018, you receive 1 quarter of coverage.

For past years, the amount of earnings for one quarter of coverage would be less.  For instance, in 1990, you were only required to earn $520 for 1 credit of work.  In 2000, this was $780.  If you go back to 1978, the amount was only $250.  So, the amount of work needed for 1 quarter of coverage varied year to year.

Most people need 40 quarters of work to be covered by Social Security disability.  Thus, out of the most recent 10 year period, an individual should have worked 5 years.

Disability coverage can disappear.  Many people don't realize that work credits disappear over the years if they stop working.  

Take the case of Madge, who began working right out of high school in 1972.  By 1978, she had enough work credits to be covered by Social Security disability insurance.  But in 1979, Madge stopped working to raise a family.  On December 31, 1984, Madge became uninsured for disability benefits. She lost her work credits.
"But I know someone who never worked a day in his life and he gets a Social Security check every month...."

This is possible because Social Security operates a program called Supplemental Security Income or SSI which does not require work credits.  But this is NOT the Social Security disability program (SSDI).  SSI is a type of welfare program that provides benefits for persons of very low income who are either elderly or disabled.  The benefits under SSI are much lower than under Title 2 or SSDI.  

What is the maximum monthly benefit under Title II or SSDI?  The answer is $2,788.

What is the maximum monthly benbefit under SSI?  The answere is $759. 



 

    

DISABILITY BASED ON MENTAL OR PSYCHOLOGICAL IMPAIRMENTS

We are all aware of the physical demands of work:  lifting, bending, reaching, standing, walking, kneeling, etc.

But all jobs have mental demands as well.  Some jobs have greater mental demands than others.

Social Security law recognizes the following as mental demands required of most workers under SSR 85-15:
 All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting.

Notice that these demands are on a "sustained basis."  This means that a worker must be able to fulfill these mental demands at least 8 hours per day, 5 days per week, or on an equivalent schedule.

A worker who suffers from pain, depression, anxiety, PTSD or another mental impairment, may be able to work normally much of the time.  However, if there are occasions when symptoms are exacerbated to a point that the mental demands of work cannot be fulfilled, this may be a disability. 

For example, a person is able to work most days, but about 3 or 4 days per month he is not able to work a full 8-hour shift.  This doesn't permit full-time work because of excessive absences.

Another example, a person is able to report to work 5 days a week, and can remain at work for 8 hours each day--but is off task more than 10 percent of the day due to psychological stress.  This may amount to a lack of persistence and be considered a disability.

If I make it sound like disability is easy to get--and all you have to do is complain about feeling stressed, nervous or anxious--then I am giving the wrong impression.  Social Security will want extremely well documented medical evidence from a psychologist or psychiatrist which demonstrates a severe impairment. They will want to see a professional medical evaluation to show:  (1)  the diagnosis or diagnoses involved, (2) the severity of symptoms,  (3) how long symptoms have existed and (4) what treatment has been attempted.

Generally, disability benefits will be approved only if the claimant is found unable to perform any full-time work which exists in the national economy.

Many disability cases involve both physical and mental limitations.  My job is to put all the pieces together and give Social Security decision makers a complete picture of the claimant's physical and mental health--so they can make a fair decision about disability.
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FIBROMYALGIA AND DISABILITY BENEFITS

Women are 7 times more likely to have fibromyalgia than men.  We don't know why.  We also don't know the cause of fibromyalgia, though we know the symptoms.

Will Social Security pay disability benefits for fibromyalgia?  The answer is, yes maybe--if the symptoms are severe enough to prevent working and if there is really strong medical documentation.  The best evidence comes from a rheumatologist.

Social Security now recognizes two sets of criteria for the diagnosis of fibromyalgia:  one from 1990 and one from 2010, both from the American College of Rheumatology.  The 1990 criteria require the presence of 11 tender points.  However, the updated 2010 criteria don't require any tender points at all.

For many years Social Security did not recognize fibromyalgia as a medically determinable impairment.  Then, on July 25, 2012, they issued SSR 12.2(p), which does recognize fibromyalgia and defines how they will evaluate it.

Simply proving that you have fibromyalgia will not get a disability benefit.  The question is whether your symptoms are severe enough to (a) prevent you from performing any of your past relevant work, if you are 50 years of age or older, or (b) prevent you from performing any work available in the national economy, if you are below age 50.

A careful analysis of your medical records will be necessary for decision makers to answer those questions.

When I represent fibromyalgia patients, I try to get written statements from the treating rheumatologist to pin down specific limitations on work-like activities.  With millions of individuals suffering from fibromyalgia, Social Security is not going to award benefits unless there is medical evidence of very severe and debilitating symptoms resulting from the disease.

You may want to read the Social Security Ruling about fibromyalgia.  Here is a link to it:

SSR 12.02(P) July 2012

For more information about representation by the Forsythe Firm, go to:

Forsythe Firm Website 

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7 SIGNS THAT YOU HAVE A STRONG 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

"FREEDOM CHECKS" AND OTHER SCAMS - BE AWARE

I came across an ad (that doesn't look like an ad) on the internet recently, telling folks about an easy way to get a lot of money.  Supposedly, almost anyone--any age or any financial status--can get a nice "freedom check."

The ad makes it appear that these checks come from the US Government and that they are so lucrative that they make Social Security pale by comparison.  One man, the ad says, received over $160,000.

These type of ads appeal to people, of course, and before you know it--zap--you have been scammed!  Believe me, there is no free money out there just by asking for it!

Here's the truth:

1)  The so-called Freedom Checks are a figment of someone's imagination.  The government has no such program and knows nothing about "freedom checks."  Call your congressman and ask him what a Freedom Check is and he will tell you there is no such thing.  Even the name is fictitious. 

2)  Some people claim that Freedom Checks are being given by the oil industry.  This claim came about after it was proven that the government is definitely not involved.  However, I can assure you that the oil industry is not interested in giving away their money.  This is a smokescreen to cover up the scam.

3)  The purpose of the ad for Freedom Checks is to take your money, not give you money.  In order to get information about these "checks," you have to pay $49 for a newsletter.  There is nothing in it for you.  Of course, you will get the newsletter, but that's all you get.

I hate to see individuals who are already struggling to make ends meet waste money on a scam.  Believe me, if the US government, or anybody else, were giving away billions of dollars--you would not have to pay $49 for a newsletter to lean about it.

If there was free money out there, I would tell you.  I would even try to get some for myself if it was honest.  There are hundreds of legitimate agencies that help the poor, the disabled and the disadvantaged.  These agencies would be directing people to the free money as fast as they could.  There would be a riot to sign up.  You would not need to pay someone $49 for a newsletter to get information.

Please, save your money.  If it sounds too good to be true, it is.  If it sounds phony, it probably is.  If you have to pay for the information, someone else is making the money, not you. Unless you really want a $49 newsletter, save your money and buy food, medicine or pay a doctor bill.

Please get some good advice before you pay anyone who promises you free, easy money.  Talk to your pastor, your banker, or call the Better Business Bureau.  Chances are the BBB has heard of these scams before.  Don't fall victim.