Veterans who served in any branch of the US military after 1964 have paid into the Social Security trust fund and are covered by Social Security disability (SSDI) for benefits if they become disabled.
The SSDI benefits are in addition to any retirement or disability payments received from the Veterans Administration (VA).
Here are some basic things veterans need to know:
1. Social Security benefits are not automatic just because the VA makes a disability award. The process is totally separate and the rules are different.
2. VA may make a partial disability award (50 percent, 70 percent, etc.). However, to get a Social Security disability benefit, you must be found totally disabled, i.e. unable to perform any type of full-time work.
3. While SSDI benefits may be available, Social Security doesn't make them easy to get. The application process is set up to DENY as many claims as possible. Getting approved often involves a legal fight or appeal, which is complicated and frustrating if you try it alone.
4. Veterans may be able to apply for SSDI benefits while they are still receiving active duty military pay. The rule is that you are not able to perform your military duties, regardless of whether you are receiving full pay. So, if you are waiting on a military board to discharge you for disability purposes, you may be able to apply for SSDI now.
5. If a veteran has been award 100 percent permanent, total disability by the VA, Social Security can be made to expedite an SSDI claim and make a quicker decision.
6. Our firm wins over 80 percent of the veteran's cases that we represent. We are selective in the cases that we accept, but once we commit to represent you, our success rates are very high. Our main source of new veteran clients is referrals from other veterans that we have successfully represented in the past. We consider that a high honor.
7. We will evaluate your case without any cost or obligation. If we represent you, all our work is without cost or obligation until and unless you win your claim and receive past due payments from Social Security.
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THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
Saturday, August 24, 2019
SCAM CALLS FROM (310) 620-7832
Be aware of scam and identity theft calls originating from this phone number: (310) 620-7832. On my caller ID, the call showed up as coming from California, although I suspect the real caller was outside the United States.
The initial call is usually a robo call (one dialed by a computer with a recorded message).
The call will saying something like: "This is the US Treasury Department. You are being notified of an investigation of illegal activity. You are instructed to call us right away. Failure to call us will be considered a second attempt to evade our enforcement actions and may result in severe penalty (or fines, or arrest, etc.)."
The US Treasury Department and the IRS never make this type of phone call. It is ALWAYS a scam. Do not return the call. Do not provide the caller with any identifying information such as your name, address, Social Security Number, etc. If you do, you will become a victim of identity theft.
If you return the call (please do not), a call center operator will ask for identifying information and will then ask you to wire money, a gift card or other means of "payment" which a real government agency would not accept. Once you send this money, you can never get it back because it probably winds up in an overseas bank account in some place like Pakistan, Bangladesh or another foreign country.
The scam is very widespread. It is estimated that as many as 100,000 of these fraudulent calls are made each day in the United States. They have many other telephone numbers that they use, not just the (310) 620-7832.
The initial call is usually a robo call (one dialed by a computer with a recorded message).
The call will saying something like: "This is the US Treasury Department. You are being notified of an investigation of illegal activity. You are instructed to call us right away. Failure to call us will be considered a second attempt to evade our enforcement actions and may result in severe penalty (or fines, or arrest, etc.)."
The US Treasury Department and the IRS never make this type of phone call. It is ALWAYS a scam. Do not return the call. Do not provide the caller with any identifying information such as your name, address, Social Security Number, etc. If you do, you will become a victim of identity theft.
If you return the call (please do not), a call center operator will ask for identifying information and will then ask you to wire money, a gift card or other means of "payment" which a real government agency would not accept. Once you send this money, you can never get it back because it probably winds up in an overseas bank account in some place like Pakistan, Bangladesh or another foreign country.
The scam is very widespread. It is estimated that as many as 100,000 of these fraudulent calls are made each day in the United States. They have many other telephone numbers that they use, not just the (310) 620-7832.
They may use a phone number for only one day. Then, these scam artists begin using another number to call you. Remember, they can spoof your caller ID to make it look like a real call from the US government.
Also, there are many variations of this scam. Callers may pretend to be from the IRS, the Treasury Department, Social Security--or some other branch of government. They use scare tactics to try to get you to send them money or provide them with bank accounts or other private information. Do not return their calls; do not speak to these impostors. They are always fake and always dangerous.
The real Treasury Dept. and the real IRS do not make these type of calls. They primarily make initial contact by US Mail, not over the phone. They will not call you and threaten to arrest you or charge you fines. Threats are always a sure sign of a scam call. Just hang up.
The real Treasury Dept. and the real IRS do not make these type of calls. They primarily make initial contact by US Mail, not over the phone. They will not call you and threaten to arrest you or charge you fines. Threats are always a sure sign of a scam call. Just hang up.
I want persons reading my website to be aware of this dangerous scam and not be deceived by it. These calls are very common. (I mean, 100,000 calls every day).
Some people get 2 or 3 calls in the same day. And some of the callers sound very real. However, many of them have heavy foreign accents and trouble with the English language, which is a sure tip-off. For example, the woman who called me pronounced the word Florida, as Flo-RID-ia. Don't speak to these people. If you do, you will be sorry. It will cost you money and misery. A lot of misery.
Wednesday, January 2, 2019
OBSTACLES TO GETTING FEDERAL DISABILITY PAYMENTS (SOCIAL SECURITY)
Social Security can pay up to $2,800 per month to individuals who have become medically unable to work. However, many people trying to get benefits will face severe obstacles which must be overcome. The battle will often be long and hard and will test your willpower, reserve and maybe even your sanity.
Some of the roadblocks to SSDI benefits are:
You Must Be Disabled According to Social Secrity's Rules. Everyone has their own definition of "disability." Social Security has their version. For persons under age 50, it means that you are medically so restricted that you cannot perform any full-time job which exists in the US economy. Nothing. That's a pretty severe limitation. This is the major cause of denials: "You are not disabled according to our rules." Claimants will need to fight this determination with an aggressive appeal.
You Must Be Disabled for at Least 12 Consecutive Months. Social Security has no benefit for a short-term disability, that is, one that has lasted or is expected to last for less than 12 straight months. Thus, many severe medical conditions don't meet the duration requirement.
You Must Have Objective Evidence from your Doctor to Prove Disability. This means examinations, tests, X-rays, MRIs or CT scans to show the cause and severity of your medical condition. Decisions are based on hard medical evidence. Without it, you won't be approved.
About One-Third of all Applicants Must be Examined by a Social Security Doctor. These are called consultative examinations or CEs for short. Unfortunately, these exams, which are paid for by Social Security, often don't help the claimant get approved. In fact, claimants often have to hire attorneys and fight the consultative doctor's report.
You Aren't Covered by Social Security Disability if You Haven't Worked Long Enough, or Recently Enough. As a rule of thumb, you should have worked at least 5 years out of the most recent 10 year period to be covered. A remote or skimpy work history may leave you without insured status at Social Security. Find out by calling your local Social Security office. Ask for your Date Last Insured or DLI. If the date is in the future, you are still covered for a new claim.
You Have Gone Back to Work Since Filing for Disability Benefits. Under Social Security's rules, a person cannot be working at substantial gainful activity (SGA) and qualify for a disability benefit at the same time. You may have gone back to work out of sheer financial desperation; even so, working may torpedo your disability claim. "I had to go to work, I was starving" isn't an excuse. You are engaged in substantial gainful activity in 2019 if you earn gross wages of at least $1,220 per month. (In 2018, the amount was $1,180; and back in 2016 it was $1,170).
Social Security Laws, Rules, Regulations and Procedures Are a Mystery to Most Folks. You may need an attorney or advocate to help you navigate the system. And you need patience. The average waiting time to get a hearing before an administrative law judge these days is 18 to 24 months (and that's AFTER you waited up to 6 months to get denied in the first place). So, not only is the process cumbersome, it's also long and frustrating.
Our firm is still offering free consultations and we foot the bill for expenses to appeal solid SSDI claims. (You will reimburse us if you win). You also won't be charged a fee for our services unless you win and receive back payments.
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THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Social Security Justice
Some of the roadblocks to SSDI benefits are:
You Must Be Disabled According to Social Secrity's Rules. Everyone has their own definition of "disability." Social Security has their version. For persons under age 50, it means that you are medically so restricted that you cannot perform any full-time job which exists in the US economy. Nothing. That's a pretty severe limitation. This is the major cause of denials: "You are not disabled according to our rules." Claimants will need to fight this determination with an aggressive appeal.
You Must Be Disabled for at Least 12 Consecutive Months. Social Security has no benefit for a short-term disability, that is, one that has lasted or is expected to last for less than 12 straight months. Thus, many severe medical conditions don't meet the duration requirement.
You Must Have Objective Evidence from your Doctor to Prove Disability. This means examinations, tests, X-rays, MRIs or CT scans to show the cause and severity of your medical condition. Decisions are based on hard medical evidence. Without it, you won't be approved.
About One-Third of all Applicants Must be Examined by a Social Security Doctor. These are called consultative examinations or CEs for short. Unfortunately, these exams, which are paid for by Social Security, often don't help the claimant get approved. In fact, claimants often have to hire attorneys and fight the consultative doctor's report.
You Aren't Covered by Social Security Disability if You Haven't Worked Long Enough, or Recently Enough. As a rule of thumb, you should have worked at least 5 years out of the most recent 10 year period to be covered. A remote or skimpy work history may leave you without insured status at Social Security. Find out by calling your local Social Security office. Ask for your Date Last Insured or DLI. If the date is in the future, you are still covered for a new claim.
You Have Gone Back to Work Since Filing for Disability Benefits. Under Social Security's rules, a person cannot be working at substantial gainful activity (SGA) and qualify for a disability benefit at the same time. You may have gone back to work out of sheer financial desperation; even so, working may torpedo your disability claim. "I had to go to work, I was starving" isn't an excuse. You are engaged in substantial gainful activity in 2019 if you earn gross wages of at least $1,220 per month. (In 2018, the amount was $1,180; and back in 2016 it was $1,170).
Social Security Laws, Rules, Regulations and Procedures Are a Mystery to Most Folks. You may need an attorney or advocate to help you navigate the system. And you need patience. The average waiting time to get a hearing before an administrative law judge these days is 18 to 24 months (and that's AFTER you waited up to 6 months to get denied in the first place). So, not only is the process cumbersome, it's also long and frustrating.
Our firm is still offering free consultations and we foot the bill for expenses to appeal solid SSDI claims. (You will reimburse us if you win). You also won't be charged a fee for our services unless you win and receive back payments.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Social Security Justice
Monday, December 31, 2018
DISABIILTY BENEFITS FOR SEIZURE DISORDERS
We frequently represent individuals with Epilepsy or seizures in the attempt to get Social Security disability benefits.
While a seizure disorder may certainly be disabling under Social Security's rules, this isn't always the case. Social Security will evaluate the disorder based on it's nature (type of seizures), frequency and medical treatment.
Here is what you will need to be approved and paid:
Besides medical care, the one thing that will help your case the most is a diary or written record of your seizure activity, kept by a third party who can document the type of seizures, what activity accompanies a seizure and how often they occur. You can't just depend on doctors or emergency room records because by the time you get to the ER or doctor's office, the seizure has already long passed. Also, many people don't go to the doctor or ER every time they have a seizure. Therefore, have a member of your family keep a detailed record of your seizures.
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
Free evaluations and consultations
SOCIAL SECURITY JUSTICE - WEBSITE
While a seizure disorder may certainly be disabling under Social Security's rules, this isn't always the case. Social Security will evaluate the disorder based on it's nature (type of seizures), frequency and medical treatment.
Here is what you will need to be approved and paid:
- a diagnosis of epilepsy or other seizure disorder
- a detailed description of your typical seizure, including all pre- and post-seizure symptoms
- a statement from your doctor corroborating your account of the nature and frequency of your seizures
- a description of your seizures from a third-party witness
- a record indicating the frequency of your past seizures
- results of an EEG, and
- a detailed treatment history, including medications and other treatments that you’ve tried and your response to them.
Besides medical care, the one thing that will help your case the most is a diary or written record of your seizure activity, kept by a third party who can document the type of seizures, what activity accompanies a seizure and how often they occur. You can't just depend on doctors or emergency room records because by the time you get to the ER or doctor's office, the seizure has already long passed. Also, many people don't go to the doctor or ER every time they have a seizure. Therefore, have a member of your family keep a detailed record of your seizures.
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
Free evaluations and consultations
SOCIAL SECURITY JUSTICE - WEBSITE
GOVERNMENT MAKES DISABILITY BENEFITS HARDER TO GET
For the past 20 years, the number of new Social Security disability applications has increased each year, causing the administration to warn that the trust fund which pays benefits will soon become insolvent.
Based on this fright, the government tightened the screws on Social Security disability benefits in several ways:
Based on this fright, the government tightened the screws on Social Security disability benefits in several ways:
- making qualifying for Social Security disability insurance benefits more difficult
- making the application process more arduous and
- making the appeals process for rejected applications harder.
The result has been dramatic. Approval rates with judges fell from 62 percent to 42 percent. Tens of thousands of appeals that once would have been approved are being denied.
Very few applicants these days will even attempt a Social Security application, let alone an appeal, without legal representation.
2018 saw some changes. The number of new SSDI claims decreased for the first time in over twenty years. It looks like new claims will fall again in 2019. This moves the insolvency crisis for the trust fund ahead by about ten years.
Social Security benefits remain very difficult to get for most claimants. Over two-thirds of applications will initially be denied. These claimants must go through a rigorous appeal process, including an appearance before a US administrative law judge (ALJ) to have their applications reconsidered.
Social Security's definition of "disability" is very strict. For most persons it means the inability to perform any kind of full-time work. Claimants who retain the ability to work an unskilled, sedentary job (often at minimum wage) are found ineligible for disability benefits.
Claimants who are 50 or over may fare a little better, thanks to the "grid rules" or medical-vocational guidelines. However, most of these older claimants will also be denied initially and will need to go through the appeal process before they can get benefits.
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The Forsythe Firm
Social Security Representatives
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
Free consultations
SOCIAL SECURITY JUSTICE - WEBSITE
Wednesday, December 19, 2018
DENIED DISABILITY BENEFITS? DON'T REAPPLY
Once the Social Security Administration has denied a disability claim, it's virtually useless to file a new application.
The same people, in the same building, look at the new application and make the same decision again: another denial. What have you accomplished? You wasted 5 more months.
What is the better option? In most cases, the better option by far is to appeal the original denial. It takes 30 minutes to file an appeal.
Why is the appeal a better option for you?
1. It gets you out of the state agency (Disability Determination Service) which has a 75 percent denial rate. An appeal moves you up the ladder to a federal administrative law judge (ALJ) who can give you a more thorough (and fair) hearing and render a totally new decision.
2. The appeal preserves your rights, including back pay, under the original claim. A new claim will nearly always lose some of your back pay along the way.
3. Your odds of being approved are simply better at the appeal level--almost twice as high, in fact.
So don't spin your wheels by filing a new application. Instead, file an appeal.
CAUTION: You have 60 days by law to file an appeal on a denied claim. No more. That 60 days begins with the date on the denial letter.
The same people, in the same building, look at the new application and make the same decision again: another denial. What have you accomplished? You wasted 5 more months.
What is the better option? In most cases, the better option by far is to appeal the original denial. It takes 30 minutes to file an appeal.
Why is the appeal a better option for you?
1. It gets you out of the state agency (Disability Determination Service) which has a 75 percent denial rate. An appeal moves you up the ladder to a federal administrative law judge (ALJ) who can give you a more thorough (and fair) hearing and render a totally new decision.
2. The appeal preserves your rights, including back pay, under the original claim. A new claim will nearly always lose some of your back pay along the way.
3. Your odds of being approved are simply better at the appeal level--almost twice as high, in fact.
So don't spin your wheels by filing a new application. Instead, file an appeal.
CAUTION: You have 60 days by law to file an appeal on a denied claim. No more. That 60 days begins with the date on the denial letter.
SOCIAL SECURITY'S DEATH BENEFIT
When an insured worker dies, Social Security pays a one-time death benefit of $255. That's all.
This is the same amount that was established in 1937 and it hasn't changed over the years. It isn't expected to.
However, when an individual dies while receiving Social Security benefits, the surviving widow or widower may be eligible to get continuing survivor's benefits. The general requirements are: must have been married for at least 9 months prior to death, and the survivor must be at least 60 years old (50 if disabled). Surviving children still in elementary or high school, and under age 19, may also get a benefit.
This is the same amount that was established in 1937 and it hasn't changed over the years. It isn't expected to.
However, when an individual dies while receiving Social Security benefits, the surviving widow or widower may be eligible to get continuing survivor's benefits. The general requirements are: must have been married for at least 9 months prior to death, and the survivor must be at least 60 years old (50 if disabled). Surviving children still in elementary or high school, and under age 19, may also get a benefit.
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