TRUE: Medicare is sending out new Medicare cards beginning April 2018. If your address on file is correct, you don't need to do anything.
FALSE: Medicare or Social Security will NOT contact you to get personal information before sending out the new cards. They will not call and ask for your Social Security number, date of birth or Medicare number--they already have this information. If someone calls you, it is a SCAM. Do not provide personal or sensitive information over the phone.
On another matter, be careful about fictitious programs offering lots of free benefits or free money just by claiming it. If you are told about a "Freedom Check" that you can get, there is no such thing. You will be asked to send in a payment of $49 to $99 for a "newsletter" to explain how to get money. All you will get, if you are lucky, is a cheap "newsletter." You won't get any money. The government, and nobody else, is giving away free money to the public.
If free money was being given away, you would not have to buy a "newsletter" to find out how to claim the money. This is ridiculous on the surface but thousands have fallen for it. Beware of any scam that you must send money to before you can claim a benefit. It's always a scam.
If you have doubts about whether a call or an offer is legitimate, ask for the name of the caller, name of the company, phone number--and then call the local Better Business Bureau to check on the offer.
THE FORSYTHE FIRM Social Security Disability Counselors (256) 799-0297
Thursday, April 19, 2018
Sunday, April 15, 2018
HOW TO TELL IF YOU HAVE A STRONG DISABILITY CLAIM....
How do you know if you have a strong disability claim? Here are some give-aways.
1) Your doctor has told you that you should file for disability. This probably means your doctor will fill out a form supporting your claim.
2) You are compliant with medical advice but are still unable to work.
3) You are over age 50. Younger persons may get disability benefits, but being over 50 is an advantage.
4) You have a long, steady work record.
5) You have attempted to go back to work but were unable to continue because of your medical conditions or symptoms.
THE STEPS YOU NEED TO TAKE:
(256) 799-0297
1) Your doctor has told you that you should file for disability. This probably means your doctor will fill out a form supporting your claim.
2) You are compliant with medical advice but are still unable to work.
3) You are over age 50. Younger persons may get disability benefits, but being over 50 is an advantage.
4) You have a long, steady work record.
5) You have attempted to go back to work but were unable to continue because of your medical conditions or symptoms.
THE STEPS YOU NEED TO TAKE:
- File an application for benefits. You may be denied. If so, appeal within the 60 day limit.
- Prepare for your hearing. The best way to prepare is to find a Social Security disability lawyer or advocate who can help you. There is much to be done.
(256) 799-0297
Saturday, March 3, 2018
SHOULD YOU HAVE A SOCIAL SECURITY DISABILITY HEARING BY VIDEO?
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
Thursday, October 13, 2016
SOCIAL SECURITY DISABILITY (SSDI) - IMPROVING THE ODDS
In
our experience with Social Security disability claims, there are some
factors that seem to increase a claimant's odds of being approved for
benefits. Here are some of them:
For instance, it isn't enough to have medical records proving that the claimant has arthritis. The claimant is required to prove that his or her medical condition is severe enough to prevent full-time, remunerative work on a full-time basis.
We often see useless doctor's statements like this: "Mr. Charlie Brown has been a patient of mine for 10 years and it is my opinion that he is disabled and cannot work at any job." The problem with such a pronouncement is that it actually violates the federal regulations. The conclusion about disability is reserved to the Commissioner of Social Security and doctors may not determine who is disabled (20 CFR 404.1527; 416.927, etc.).
What may properly be stated by a doctor? The answer is, his or her opinions as to the patient's specific limitations or restrictions. How long the patient can sit, stand or walk; how much can he/she can lift? What limitations are there in such things as concentrating, remembering, making decisions, reaching, stooping, kneeling, bending, etc. How many days per month would the patient be expected to miss work because of a medical impairment? These are examples of things that are permitted and the doctor's opinion in these specific areas are admissible as evidence (although Social Security is not bound by the doctor's opinion). But the doctor may not conclude that a person is disabled or make a vague statement like, "He is not able to work."
In Huntsville, the Forsythe Firm has helped hundreds of claimants get Social Security disability payments. We offer free initial consultations and evaluations without obligation. We are full service disability advocates and can be involved in every stage of your Social Security disability claim--from application through appeal. We never charge a fee unless you win and receive back pay.
PHONE: (256) 799-0297 WEBSITE: www.forsythefirm.com
- a long, steady employment history;
- being age 50 or above (though not required to get benefits);
- failed work attempt(s) after the disability onset, demonstrating the desire to continue working;
- proper written statements from one or more treating doctors (not just any statement, the proper statement)
For instance, it isn't enough to have medical records proving that the claimant has arthritis. The claimant is required to prove that his or her medical condition is severe enough to prevent full-time, remunerative work on a full-time basis.
We often see useless doctor's statements like this: "Mr. Charlie Brown has been a patient of mine for 10 years and it is my opinion that he is disabled and cannot work at any job." The problem with such a pronouncement is that it actually violates the federal regulations. The conclusion about disability is reserved to the Commissioner of Social Security and doctors may not determine who is disabled (20 CFR 404.1527; 416.927, etc.).
What may properly be stated by a doctor? The answer is, his or her opinions as to the patient's specific limitations or restrictions. How long the patient can sit, stand or walk; how much can he/she can lift? What limitations are there in such things as concentrating, remembering, making decisions, reaching, stooping, kneeling, bending, etc. How many days per month would the patient be expected to miss work because of a medical impairment? These are examples of things that are permitted and the doctor's opinion in these specific areas are admissible as evidence (although Social Security is not bound by the doctor's opinion). But the doctor may not conclude that a person is disabled or make a vague statement like, "He is not able to work."
In Huntsville, the Forsythe Firm has helped hundreds of claimants get Social Security disability payments. We offer free initial consultations and evaluations without obligation. We are full service disability advocates and can be involved in every stage of your Social Security disability claim--from application through appeal. We never charge a fee unless you win and receive back pay.
PHONE: (256) 799-0297 WEBSITE: www.forsythefirm.com
Sunday, September 11, 2016
DISABILITY: THE ESSENTIAL QUESTIONS
1)
At what age may I apply for Social Security disability (SSDI)?
Answer: Adults may apply any time before your full retirement age. (If
you were born in 1948, for example, your full retirement age is 66).
Children may apply any time prior to age 18. There are special rules for adults who became disabled prior to age 22.
2) What monthly benefit may I expect from SSDI? Answer: The benefit amount will vary based on your average wages and work history. The maximum monthly benefit in 2016 is $2,639. The average monthly benefit is $1,166.
3) Can my spouse or dependent children also receive benefits? Answer: Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.
4) Will I get Medicare insurance with my disability benefits? Answer: Yes but there is a waiting period. Medicare starts 29 months after the official onset date of disability for SSDI claims. Note that this is 29 months from the disability onset, not from the date of your decision. SSI beneficiaries get Medicaid and there is no waiting period for Medicaid.
5) If my doctor tells me I am disabled and cannot continue working, are disability benefits automatic? Answer: No. You must still apply and prove to Social Security that you are disabled according to their rules. Many times, such individuals are denied and must appeal in order to get benefits. Appeals must be filed within 60 days of denial.
6) I saw my doctor today and he does not think I will be able to continue working much longer. May I apply for Social Security disability now and keep working until I am approved? I want to have my claim approved before I stop working. Answer: No, the system does not permit this. You must not be working at substantial gainful activity when you apply for disability benefits. If you are, you will be denied at Step 1, regardless of the medical evidence.
7) I am 64 years old and retired. I worked for more than 40 years. I've been receiving Social Security early retirement benefits for about 2 years. I've been healthy until now. Recently, however, I was diagnosed with a severe illness for which there is no cure. Since I am already receiving Social Security retirement, may I file a disability claim?
Answer: Yes, you may. You are under full retirement age and it appears you have adequate work credits to support a claim. Also, I assume your recent impairment will last for 12 months or more (the duration requriement), so you may file a disability claim and try to prove disability. As long as you are not working, your present income does not matter for a Title 2 (SSDI) claim. If your claim is successful, your monthly benefit will be increased to the amount you would have received at full retirement age (payable from the onset date of your disability). Also, you may qualify for earlier Medicare coverage, in the event you are not yet 65 when your case is decided. You may continue to receive your retirement benefits while your disability claim is being decided. Even if you eventually do not get a favorable decision on the disability claim, it will have no impact on your retirement benefits, which you will continue to receive. So, you risk nothing by filing for disability. A final thought: At age 62, it may be easier to win a disability claim, compared to a younger individual, thanks to the medical-vocational guidelines.
________
If you have a Social Security disability question that was not answered here, or on one of our many blog posts, please call the Forsythe Firm in Huntsville, AL at (256) 799-0297.
There is no charge or obligation for a consultation.
2) What monthly benefit may I expect from SSDI? Answer: The benefit amount will vary based on your average wages and work history. The maximum monthly benefit in 2016 is $2,639. The average monthly benefit is $1,166.
3) Can my spouse or dependent children also receive benefits? Answer: Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.
4) Will I get Medicare insurance with my disability benefits? Answer: Yes but there is a waiting period. Medicare starts 29 months after the official onset date of disability for SSDI claims. Note that this is 29 months from the disability onset, not from the date of your decision. SSI beneficiaries get Medicaid and there is no waiting period for Medicaid.
5) If my doctor tells me I am disabled and cannot continue working, are disability benefits automatic? Answer: No. You must still apply and prove to Social Security that you are disabled according to their rules. Many times, such individuals are denied and must appeal in order to get benefits. Appeals must be filed within 60 days of denial.
6) I saw my doctor today and he does not think I will be able to continue working much longer. May I apply for Social Security disability now and keep working until I am approved? I want to have my claim approved before I stop working. Answer: No, the system does not permit this. You must not be working at substantial gainful activity when you apply for disability benefits. If you are, you will be denied at Step 1, regardless of the medical evidence.
7) I am 64 years old and retired. I worked for more than 40 years. I've been receiving Social Security early retirement benefits for about 2 years. I've been healthy until now. Recently, however, I was diagnosed with a severe illness for which there is no cure. Since I am already receiving Social Security retirement, may I file a disability claim?
Answer: Yes, you may. You are under full retirement age and it appears you have adequate work credits to support a claim. Also, I assume your recent impairment will last for 12 months or more (the duration requriement), so you may file a disability claim and try to prove disability. As long as you are not working, your present income does not matter for a Title 2 (SSDI) claim. If your claim is successful, your monthly benefit will be increased to the amount you would have received at full retirement age (payable from the onset date of your disability). Also, you may qualify for earlier Medicare coverage, in the event you are not yet 65 when your case is decided. You may continue to receive your retirement benefits while your disability claim is being decided. Even if you eventually do not get a favorable decision on the disability claim, it will have no impact on your retirement benefits, which you will continue to receive. So, you risk nothing by filing for disability. A final thought: At age 62, it may be easier to win a disability claim, compared to a younger individual, thanks to the medical-vocational guidelines.
________
If you have a Social Security disability question that was not answered here, or on one of our many blog posts, please call the Forsythe Firm in Huntsville, AL at (256) 799-0297.
There is no charge or obligation for a consultation.
Friday, April 15, 2016
YOU MUST COMPLETE THE "FUNCTION REPORT" CORRECTLY
Social
Security disability is awarded base on a claimant's limited ability to
function. It is not awarded based on diseases, but on functional
limitations.
The primary way Social Security evaluates your functional ability is by a detailed questionnaire that they refer to as "the ADL (Activities of Daily Living) questionnaire. The official name of the document is the "Function Report."
The Function Report is an 9-page document with Sections A-D and it contains approximately 60 questions.
I understand the temptation to ignore this form (just not bother with it) or to fly through it quickly because you feel it is a waste of time. This is a crucial mistake. You should spend a lot of time with this form. In fact, this form should be your constant companion for a couple of days until it is completed lovingly, comprehensively, thoughtfully and very, very completely.
The Function Report will ask you things like:
If your application is denied (about 70% will be), the judge who hearings your appeal with use this same Function Report to evaluate consistencies in your symptoms and the credibility of your complaints. This Function Report literally stays with you from the day your file your claim until the appeal is decided, perhaps 24 months later in some cases.
If you are unable to understand or complete the Function Report in loving, comprehensive detail--get someone who can help you: a relative, your pastor, a friend, etc. If you are represented by an attorney or advocate, he/she will understand this form and help you complete it correctly. But for heavens sake, do not ignore the form or (just as bad) fly through it checking boxes just to say you finished it. (That's how I used to do my homework, with equally dismal results, I might add).
The primary way Social Security evaluates your functional ability is by a detailed questionnaire that they refer to as "the ADL (Activities of Daily Living) questionnaire. The official name of the document is the "Function Report."
The Function Report is an 9-page document with Sections A-D and it contains approximately 60 questions.
I understand the temptation to ignore this form (just not bother with it) or to fly through it quickly because you feel it is a waste of time. This is a crucial mistake. You should spend a lot of time with this form. In fact, this form should be your constant companion for a couple of days until it is completed lovingly, comprehensively, thoughtfully and very, very completely.
The Function Report will ask you things like:
- Do you cook your own food? How long does it take you? What do you cook?
- Do you spend time with others?
- What are your hobbies? How often do you do them?
- Do you go places on a regular basis?
- When you go out, how do you travel?
- Do you get along well with others?
- Do you need help caring for others or pets?
- Do you need help with bathing, getting dressed, or feeding yourself?
- How do your illnesses, injuries conditions affect your sleep?
- Are there things you used to do that your disability now stops you from doing?
If your application is denied (about 70% will be), the judge who hearings your appeal with use this same Function Report to evaluate consistencies in your symptoms and the credibility of your complaints. This Function Report literally stays with you from the day your file your claim until the appeal is decided, perhaps 24 months later in some cases.
If you are unable to understand or complete the Function Report in loving, comprehensive detail--get someone who can help you: a relative, your pastor, a friend, etc. If you are represented by an attorney or advocate, he/she will understand this form and help you complete it correctly. But for heavens sake, do not ignore the form or (just as bad) fly through it checking boxes just to say you finished it. (That's how I used to do my homework, with equally dismal results, I might add).
Sunday, April 3, 2016
USING "OPINION" EVIDENCE TO WIN YOUR DISABILITY CASE
There are 2 types of medical evidence in a disability claim: objective medical evidence and opinion medical evidence.
Objective medical evidence consists of things like X-rays, laboratory tests, MRIs or CAT scans. These are found in your doctor's records.
Opinion evidence is quite different. Opinion evidence is where your doctor or professional renders an opinion on how your medical condition affects your ability to perform certain functions.
For example, an MRI may show that you have 2 herniated discs in your lumbar spine. This is objective evidence. It is what it is. The doctor may then give an opinion as to how long you can sit, stand or walk. That is opinion evidence. If your doctor states: "The patient would be limited to lifting no more than 10 pounds occasionally, sitting no longer than 30 minutes, standing no longer than 15 minutes at a time, or walking no more than 300 feet," that is opinion evidence.
Opinion evidence is used to form "residual functional capacities," that is, what is the most work like activity that an individual can perform on a sustained basis? This will be use by decision makers to determine what type of jobs, if any, the claimant would be able to perform. This, in turn, will determine whether the claimant meets the rules for Social Security disability benefits.
We should note here that broad, general conclusions by doctors are not useful. For example, the statement, "It is my opinion that this patient is not able to perform any type of work and is totally disabled," is not useful. This conclusion is reserved solely to the Commissioner of Social Security under the federal regulations (20 CFR 404.1527(d); SSR 06-03(p); SSR 96-6(p), etc.).
A doctor's statement that addresses the patient's ability to sit,stand, walk, lift, carry, push, pull, concentrate, make decisions or perform other specific work related functions can be very useful opinion evidence.
Objective medical evidence consists of things like X-rays, laboratory tests, MRIs or CAT scans. These are found in your doctor's records.
Opinion evidence is quite different. Opinion evidence is where your doctor or professional renders an opinion on how your medical condition affects your ability to perform certain functions.
For example, an MRI may show that you have 2 herniated discs in your lumbar spine. This is objective evidence. It is what it is. The doctor may then give an opinion as to how long you can sit, stand or walk. That is opinion evidence. If your doctor states: "The patient would be limited to lifting no more than 10 pounds occasionally, sitting no longer than 30 minutes, standing no longer than 15 minutes at a time, or walking no more than 300 feet," that is opinion evidence.
Opinion evidence is used to form "residual functional capacities," that is, what is the most work like activity that an individual can perform on a sustained basis? This will be use by decision makers to determine what type of jobs, if any, the claimant would be able to perform. This, in turn, will determine whether the claimant meets the rules for Social Security disability benefits.
We should note here that broad, general conclusions by doctors are not useful. For example, the statement, "It is my opinion that this patient is not able to perform any type of work and is totally disabled," is not useful. This conclusion is reserved solely to the Commissioner of Social Security under the federal regulations (20 CFR 404.1527(d); SSR 06-03(p); SSR 96-6(p), etc.).
A doctor's statement that addresses the patient's ability to sit,stand, walk, lift, carry, push, pull, concentrate, make decisions or perform other specific work related functions can be very useful opinion evidence.
Subscribe to:
Posts (Atom)