WORK TO DO AFTER THE HEARING

Many people assume that a Social Security disability case is over when the hearing has been held.  This isn't always the case.  Often there is post hearing work that should be done to achieve the best chance of a favorable decision.

Everyone at a disability hearing works under pressure.  This includes the claimant, the representative, the vocational expert and even the administrative law judge.  Hearings are generally limited to less than one hour.  The judge will ask questions that place the claimant under stress to answer correctly.  The representative or attorney will be asked to respond to procedural issues or points of law that place him or her under pressure.  The judge must constantly conduct the hearing so that it follows Social Security laws, rules and regulations.  Further, the judge must form accurate hypothetical questions for the vocational expert based on the medical and vocational evidence in the file and upon the claimant's testimony.  The vocational expert then has less than a minute to respond to complicated hypothetical questions with very complicated sets of facts.

After the hearing is over and the pressure is off - facts and responses will come to mind that may not have occurred during the hearing.  Therefore, it is fitting for the representative to submit a concise post hearing brief or letter that brings up points of law, facts that may have been missed during testimony or more detailed answers to the judge's questions.  There may be challenges or clarifications that need to be made toward the vocational expert's testimony.

Finally, if there is new evidence, it should be submitted as promptly as possible after the hearing.  As a rule, it will take the judge about 45 days to reach a decision - after the hearing is over.  That provides a window of opportunity to clear up any questions or concerns that came up during the hearing.  Obviously, if you know that post hearing work is in order you should inform the judge during the hearing and ask for a specific period of time to leave the record open for submission of new evidence.

PREPARE VOCATIONAL EVIDENCE

We spend a lot of time talking about medical evidence for a Social Security disability claim.  More should be said about preparing vocational evidence for Social Security.  What do I mean by vocational evidence?  It should include an understanding of the following factors.

PAST RELEVANT WORK:  Social Security will consider past work performed during the past fifteen years if that work was performed long enough for the claimant to learn how to do the work.

Concerning Past Relevant Work:  Was it skilled, semi-skilled or non-skilled?  What was the exertion level?  How was it performed?  Why can't the claimant do that work now?

EDUCATION is part of vocational evidence.  A very limited education (7th grade or below) reduces the claimant's ability to transition to other work.  Conversely, a college degree may help the claimant to find skilled work and make a finding of disabled less likely.

RESIDUAL FUNCTION CAPACITY:  This can be thought of in both medical and vocational terms.  It simply means, "What can the claimant still do in spite of his or her impairments?"  If the RFC is not provided by the claimant's doctor, Social Security will determine an RFC based on their consultant's interpretation of the medical record.  Believe me, you don't want that.  You want your doctor to establish the RFC if possible.

SPECIAL TRAINING, SKILLS OR REHABILITATION:  Since the claimant stopped working, has (s)he completed any additional job training, acquired new work skills or undergone any vocational rehabilitation?  

Keep in mind that to be found disabled and qualified for benefits, the claimant must show the inability to (a) perform any past relevant work and (b) perform any other work which is being performed in significant numbers in the local or national economy.  These two key findings are laden with vocational implications that the claimant or his attorney must sort through prior to a hearing.  Failure to prepare for vocational impact on the case would be like a student showing up to take a test for which he has not studied.  It could be a very sad day.
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 Charles W. Forsythe has represented hundreds of claimants in disability cases before administrative law judges in Alabama and Tennessee.  He is founder of the Forsythe Firm in Huntsville, AL but also works in Nashville, Chattanooga, Florence, Anniston and Birmingham.  Representatives can charge no fee for their service until after a case has been won and back pay has been collected for the claimant.  Any authorized fee is paid out of the back pay settlement.
Contact Mr. Forsythe at (256) 799-0297 or visit The Forsythe Firm's Website

FAST DISABILITY DECISIONS AVAILABLE (FOR SOME)Compassionate allowances permits Social Security to approve claims quickly (often in a week or less) for applicants suffering from one of 200 incurable diseases. On December 6, 2012, Social Security Commissioner Michael Astrue met in the Hart Senate Office Building in Washington D.C. to announce reaching the milestone of 200 diseases that now qualify for a speedy compassionate allowance approval. In order to qualify, an applicant must have one of the 200 illnesses on the list. There are still many incurable and tragic diseases that are not on the list and thus do not qualify for the rapid award of benefits. However, the program does provide very quick approval for thousands of applicants each year who suffer from one of the 200 conditions listed. To see the complete list of diseases which qualify for a speedy compassionate allowance disability award, go to the following website: http://www.ssa.gov/pressoffice/pr/compassionate-allowances200conditions-pr.html

Compassionate allowances permit Social Security to approve claims quickly (often in a week or less) for applicants suffering from one of 200 incurable diseases.

On December 6, 2012, Social Security Commissioner Michael Astrue met in the Hart Senate Office Building in Washington D.C. to announce reaching the milestone of 200 diseases that now qualify for a speedy compassionate allowance approval.

In order to qualify, an applicant must have one of the 200 illnesses on the list.  There are still many incurable and tragic diseases that are not on the list and thus do not qualify for the rapid award of benefits.  However, the program does provide very quick approval for thousands of applicants each year who suffer from one of the 200 conditions listed.

To see the complete list of diseases which qualify for a speedy compassionate allowance disability award, go to the following website:

 http://www.ssa.gov/pressoffice/pr/compassionate-allowances200conditions-pr.html

 

MUSIC CITY DISABILITY (NASHVILLE)

I work in Nashville regularly.  No, I'm not in the country music industry.  I'm a Social Security disability advocate.

I drive over to Cumberland Bend or down to Franklin regularly to help clients in Social Security disability hearings.  That's because 7 out of 10 disability applications filed in Nashville and Middle Tennessee will be denied.  You will very likely have to appeal your case in order to get your  benefits.

My firm will provide you with an experienced advocate to develop your case then attend the hearing with you.  We win a majority of the Social Security disability cases that we represent. And there is no upfront cost and no fee unless you win your case and collect back pay in the process.

For more information on collecting Social Security disability in Middle Tennessee, please click on the link below.  It will take you to our website for Music City USA and explain how we may be able to help you.

Click here for more information on how we help the disabled in Nashville and Middle Tennessee

Never, Never, Ever Quit

A few months ago a client came to my office to file for Social Security disability.  He had worked hard his entire life and had a legitimate disability.  I helped him file the claim and explained that 70 percent are denied before they are approved.  Sure enough, the examining agency denied the claim several weeks later.  The letter said, "We found that you are not disabled according to our rules."  I filed an appeal immediately.

About two months later I received an amazing telephone call.  Someone at the Office of Disability Adjudication and Review had reviewed the case, reversed the original decision and awarded full benefits, including more than $30,000 in back pay.

That's why you can't afford to give up on a disability claim.  Just because someone at Social Security says you are not disabled doesn't mean that you aren't disabled.  I refer back to a recent study which found that 6 out of 10 denied claims could have been approved if they'd had a different disability examiner.  The system is far from perfect and mistakes will be made.  That's why you can't give up.  Never take Social Security's word for it the first time out!  Push the case up the chain of command one step and see what happens.  You have nothing to lose.  And at that second step the odds of winning your benefits are much, much better - especially if you have adequate representation.

May I quote the words of the great statesman, Sir Winston Churchill?  "Never, never, ever quit!"

CONTINUING DISABILITY REVIEWS: PROTECT YOURSELF

Social Security will conduct Continuing Disability Reviews (CDRs) periodically to determine whether beneficiaries continue to be disabled and whether they should continue to get disability payments and benefits.  These reviews are typically held in two or three year intervals.  The burden of proving that you are still disabled requires some forethought.  Here are simple, effective things you can do.

• Continue to see your doctor(s) regularly and follow prescribed treatment regiments.  Going 12 months or longer without seeing a doctor is sure to cause problems. Social Security's belief is, if you are sick you will seek treatment.
• Keep a journal or notebook in which you write down the exact dates you visit each doctor, what treatment (s)he prescribed, changes to your prescriptions, etc.
• Keep a record of the dates of any medical tests, MRIs, X-rays, etc. and where they were conducted.  You will need this later in answering your review.
• Keep a careful record of any income you receive other than Social Security benefits--such as pension payments, investment income, annuities, bonuses, etc.  Any substantial extra money that shows up under your name may need to be explained.  It won't be a problem as long as it is not "earned income," i.e., substantial amounts of money you received as wages, tips or salary for work you performed.  But you should be able to explain what the money was for.
• If you get a request in the mail from Social Security to provide them with information, don't ignore it.  Complete all forms carefully and return them promptly.  A continuing disability review will not go away because you ignore it.  Just the opposite, ignoring it may cause your check to be terminated, at least temporarily.
• If, after a review, Social Security notifies you that you are not longer disabled and they intend to terminate your benefit, you have the right to appeal.  There are two options for this appeal, as explained below:

1. Option 1:  Appeal the decision in writing within 60 days.  This will NOT keep your check coming in during the appeal.  Your check will stop but will be restarted later if you win the appeal.  If you want to continue to receive your check during the appeal process, use Option 2 below.
2. Option 2:  Appeal within 10 days and ask that your benefit check continue during the outcome of the appeal.  Your check will continue during the appeal process.  However, if you are not successful in the appeal, Social Security may ask you to repay the benefits you received during the appeal.  Note that the deadline for this appeal is 10 days, not 60 days.  Also, you must specifically state in writing that you want to continue receiving your benefits during the appeal (This is not automatic).

Your job during a CDR is to demonstrate to Social Security that your medical condition has not substantially improved and that you are still not able to perform full-time remunerative work because of your impairment(s).  Social Security will rely upon (a) written statements from you and (b) evidence from your doctor(s) and medical providers to make the decision.  Again, a lack of treatment may be used to indicate medical improvement.

If you cannot afford a professional to assist you with your CDR paperwork, consider a family member, close friend, a community organization or a social service organization that may be able to help.  Finally, realize that most continuing disability reviews do not result in the termination of benefits.  CDRs are quite routine and need not cause undue alarm as long as they are responded to appropriately.  If a CDR does result in an unfavorable decision (stopping benefits), that decision may be appealed, as explained above.

Continuing Disability Reviews (CDRs)

Continuing disability reviews (CDRs) are becoming more of a topic these days among attorneys and the Social Security disability claimants they represent.  When you are awarded a disability benefit, Social Security schedules a future CDR in the computer.  It may be one year in the future or three years, but it will be coming along.  The purpose of a CDR is to determine whether you are still eligible to receive disability benefits.  If Social Security determines that there has been significant medical improvement which allows you to return to work it will terminate your benefits after providing a written notice.  Usually it gives at least a 60 day notice before the checks stop.

Beneficiaries have 60 days in which to appeal cessation of benefits.  However, they only have 10 days to request that their benefits continue pending the outcome of the appeal.  So it is vital that all beneficiaries under the claim give written notice to Social Security that they want their benefits to be paid pending the final outcome of the appeal.  This request must be in writing.

Then what happens?

Beneficiaries (persons receiving benefits) will file a request for reconsideration and give Social Security any evidence they have to support their position that they are still disabled.  You have the right to ask for a face-to-face appearance with Social Security before your reconsideration decision is made.  If the decision is unfavorable, you may ask for a hearing before an administrative law judge.

If your final decision is unfavorable, Social Security can ask you to repay all of the money you received during the appeal (or after your "last regular" benefit check).  However, you may ask for a waiver of the repayment.  If you can prove that your need all of your income for necessities of living, Social Security may waive any overpayments.

As you can see, being the subject of an unfavorable CDR can be quite painful and serious.  Unfortunately, it is often difficult to find an attorney or representative who will help you appeal an unfavorable CDR decision because there is no back pay involved and it is difficult for the representative to be paid for his or her service.  What usually happens is that the claimant agrees to set aside a percentage of the ongoing benefit in an escrow account.  When the appeal is over, the representative can petition Social Security for permission to use money in the escrow account toward his or her fee.  Since representatives often bill $250 per hour or more, unfavorable CDRs can become expensive burdens for Social Security disability beneficiaries.  Fortunately, the majority of continuing disability reviews do not result in an attempt to terminate benefits.

I will be posting a second article on this blog site about what you can do to prevent problems with a CDR.  Look for it on this site, as it contains practical things you can do to prevent problems when (not if) your claim gets reviewed for continuing disability eligibility benefits.

EARLY EVIDENCE GETS EARLY REVIEW!

There is usually a wait of several months to obtain a hearing after a Social Security disability appeal is filed.  However, there are plenty of reasons to submit all your evidence in the case as early as possible.

I recently appealed a Social Security decision and asked for a hearing.  I filed the request for hearing in September in the routine manner.  In December the case was reviewed and approved without a hearing.  The appeal was thus resolved in less than 90 days and my client received checks before Christmas! 

It doesn't always happen that way, obviously, but when there is plenty of evidence, it is always best if you can submit it right away.  In fact, I find there are at least two advantages to submitting medical evidence early:

One, it provides a more likely opportunity for an early review of the case.  Two, it gives the representative or attorney an opportunity to write a thorough brief for the Office of Disability Adjudication and Review (ODAR).

Incidentally, this also points out how unfavorable decisions are often bad decisions to start with.  When ODAR can review a claim that was denied and approve it within 90 days, it was a poor decision to begin with.  So, never accept the first denial.  Appeal - always. 

A final but vital tip:  Always try to get a Medical Source Statement (MSS) from your doctor.  This is a special form that lists specific functional limitations--such as restrictions in sitting, standing/walking, lifting, bending, etc.  It is up to the claimant or his representative to obtain this form.  Social Security will not try to obtain it for you.  The MSS can provide an excellent basis to ask for an early review of your claim.

Often, the early bird gets the.....review!

IMPORTANCE OF YOUR 'ALLGED ONSET DATE"

First, let's define two terms that will be used in this post.

Alleged Onset Date (AOD) is the date on which the applicant claims to have first become disabled.  

Established Onset Date (EOD) is the date that Social Security sets as the first date on which the claimant became disabled.  (A disability examiner or administrative law judge may change the alleged onset date to a later date, which becomes the EOD).

On an approved claim, back benefits are paid from the Established Onset Date.  Of course, the goal is make the AOD and the EOD the same - whereby the claimant receives maximum benefits.

For instance, if a claimant alleges that he became disabled on February 1 and Social Security accepts that date, back pay will be eligible back to February 1.  (However, there is a 5-month waiting period for Title 2 disability claims, so actual payment will not be made until August).
There are no waiting periods pr retrpactove nemefots for SSI claims, so payments can begin the month following the application.  Back pay can still occur in  an SSI claim because it often takes months to get a claim approved, especially when an appeal becomes necessary.

It is vital to present medical and vocational evidence going back to the alleged onset date (AOD).  The claimant wants to prove that he/she was disabled as of the AOD and that he/she has not engaged in substantial gainful activity since the AOD.

An experienced Social Security disability advocate is your best bet in protecting your AOD and the back pay that comes with it.  Remember that Social Security is under tremendous pressure to challenge alleged onset dates and move the date forward, when possible, to reduce or eliminate back pay.  Representation fights to get you the entire "value" of your claim, including back pay.  In fact, the representative cannot be paid a fee unless back pay is collected.
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The Forsythe Firm, 7027 Old Madison Pike (Research Park) Huntsville, AL fights for our claimants' rights in Social Security disability and SSI claims.  Never a fee until we collect your benefits, including back pay.  (256) 799-0297

 We are local members of:                 Visit the Forsythe Firm's Website

Established in 1979, the National Organization of Social Security Claimants' Representatives is an association of over 4,000 attorneys and other advocates who represent Social Security and Supplemental Security Income claimants. Our members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.

 

 

 

SOCIAL SECURITY & TRIAL WORK PERIODS

Through its "Ticket to Work" program, Social Security tries to encourage people on disability or SSI benefits to return to work.  You can try to work without immediately giving up your disability or SSI benefits - and without losing your Medicare coverage (if you are covered by Medicare).

You are allowed 9 "trial work months" within a five-year period.  The months do not have to be consecutive. You will continue to get full disability or SSI benefits during the trial work periods until you accumulate 9 months of successful work.  Any month in which you earn at least $720 will be considered 1 month of successful work.   

Once you have accumulated 9 months of successful work, your disability or SSI benefits will be stopped for as long as you continue to work.  However, if you again become unable to work within a 5 year period, you can request expedited reinstatement of benefits without filing a new application.  While Social Security makes a decision on whether you have become unable to work, you qualify for provisional (temporary) benefits for up to 6 months.

Also, if you are receiving health care access through Medicare insurance coverage, you may keep your insurance coverage for at least 93 months after your last disability or SSI benefit check--even while you are working.

Ticket to Work is a volunteer program that gives Social Security disability or SSI beneficiaries incentives to go back to work.   For more information contact your local Social Security office or call 1-800-772-1213.
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The Forsythe Firm (256) 799-0297 is a local member of

Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.  

 Learn More About the Forsythe Firm - Social Security disability  specialists 

IS SOCIAL SECURITY WATCHING YOU ON FACEBOOK?

Earlier this year, Social Security advised its administrative law judges that they cannot use the internet to investigate disability claimants.  Sen. Tom Coburn (R-Oka) disagreed, stating that it deprives judges of a valuable tool for determining Social Security fraud.

Senator Coburn used this illustration, which I have paraphrased.  Suppose a person has applied for disability benefits.  A judge looks this person up on Face Book and finds there photos or a discussion of that person playing football or participating in his bowling tournament.  If the claimant had alleged severe back problems on his disability application, his credibility is called into question.

I have long advised my clients to avoid the social media.  I believe that to be good advice.  The internet remains the first place that investigators will look when checking up on your personal affairs.  This includes private insurance companies who may be paying out on a disability claim.  Though  you are not involved in fraud, why give the insurance company ammunition to shoot at you with - or to make allegations that you have to refute?

Use common sense but don't become paranoid.  It isn't necessary to avoid normal activities like vacations or going out to eat.  There's no need to stop going to church or to the grocery store.  As a rule, nobody from Social Security is going to follow you around to see what you're doing.  

Naturally, disability claims should be based on honesty.  If you don't have medical evidence to support your claim, you should not make false or misleading statements to make your case stronger.  Besides, that rarely works, anyway.  But it can cause you a lot of problems.

ALCOHOL - DRUG ABUSE & SOCIAL SECURITY DISABILITY

Posted by:  The Forsythe Firm, Social Security Disability Advocates

A question we often get is, "Will alcoholism qualify me for Social Security disability benefits?"

Or, "Will alcoholism disqualify me for Social Security disability benefits?"

The answer to both questions is, No.

A person may not qualify for Social Security disability merely on the basis of alcoholism or other substance abuse.  On the other hand, a person should not be disqualified merely on the basis of alcoholism or substance abuse.

The definitive legal ruling on that is found in 20 CFR §404.1535:  "The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol."

So an individual cannot qualify for benefits on the basis of substance abuse, neither can he be denied benefits for substance abuse that does not materially contribute to his impairment.

Social Security disability representation with no fee unless back pay is recovered.  Call (256) 799-0297 for local Alabama representation.

 

 

Is Social Security Watching You on Face Book?

Earlier this year, the US Social Security Administration told US administrative law judges (ALJs) that they cannot use the internet to investigate disability claimants.  Senator Thomas Coburn (R-OK) responded by saying this ban removes a valuable tool to investigate fraudulent applications for disability benefits.

Sen. Coburn used this example, which I have paraphrased.  Suppose an ALJ looks up an applicant on Facebook.  There he finds pictures and discussion of the applicant playing sports or participating in his bowling league.  If the applicant has claimed severe back problems on his application, his credibility is suddenly called into question.

I caution my clients to stay off of Facebook and the social media and I believe that is still very good advice.  It remains probably the first place investigators look when trying to deny benefits (even disability claims with private insurance companies).

Use common sense but don't become paranoid.  For example, it's normally all right to take a trip or a vacation.  You don't need to stop going to church or out to dinner occasionally.  Social Security usually does not follow people around to see what they are doing (unless they have been reported for fraud by a nosy neighbor, relative or someone).

First and foremost, tell Social Security the truth.  If you don't qualify for disability benefits you should not falsify statements to make your application "stronger."  This seldom works, anyway, but it can cause a lot of problems.
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THE FORSYTHE FIRM

Huntsville, AL

(256) 799-0297

HOW TO WIN SOCIAL SECURITY DISABILITY

Persistence is the one word that comes to mind when we think of claimants who have won Social Security disability benefits.  There are many other factors, of course, involved in preparing, presenting and appealing a disability claim.  But if we had to pick only one characteristic that our winning clients have, it would be persistence.  They don't give up.

Our firm puts a great deal of time and effort into preparing the initial application for Social Security disability.  There is a great deal of paperwork and most of it will have a direct bearing on how the claim gets considered.  For example, the Work History Report, if not completed properly, can give a totally false impression about the kind of work the claimant did in his or her past jobs.  This can lead to the false conclusion that he/she can still perform most of that work.

The Function Report is another form that can get a case off on the wrong foot.  Claimants should consider carefully how they answer questions or provide information on this form.  The one problem I most often see with the Function Report is lack of specific details.  "How far can you walk before having to stop and rest?" should be answered with a specific distance, not a generalization.  "What do you do from the time you get up until the time you go to bed?" should paint a picture of the claimant's limited functioning.  

If Social Security or the Disability Determination Service (DDS) sends additional forms to be completed, they should be filled out and returned within about ten days.  The same precautions as I stated above should be followed.

Try to obtain a Medical Source Statement (MSS) from your doctor as early as possible in the claim process.  This is a special form that lists your restrictions in work related activities, such as sitting, standing, walking, lifting, reaching, bending, etc.  It is almost never included in routine medical records and Social Security will never ask your doctor for this form.  It is up to the claimant or his representative to obtain this statement (form) from your doctor.  It is absolutely vital to the success of your claim.

Finally, if the claim is denied - persistence requires that we file an appeal within the 60 day time limit allowed by law.  It is actually at this stage where most Social Security disability claims are won.  In Alabama, 51 percent who appear at a hearing win.  In Tennessee 60 percent are awarded.  The current national average is about 48 percent (down sharply from one year ago).

If you have been denied Social Security disability and have a hearing in your future, we strongly recommend that you obtain adequate representation.  While your hearing is still the most likely place to win disability benefits, it will not be a cake walk.  Hardly anyone now tries it without representation.  And there's no reason to.  A representative cannot charge you a fee unless you win.  And any fee will be withheld from your back pay and paid directly by Social Security.  So there is no risk of running up a big legal bill and not getting any money.

MENTAL DISORDERS & DISABILITY BENEFITS

Social Security will consider mental impairments or illnesses on an equal basis with physical impairments when it comes to awarding disability benefits.  Any number of psychological impairments may qualify.  A few of the more common ones include bipolar disorder, anxiety, depression, panic disorder, schizophrenia, retardation or delayed development, obsession-compulsive disorders, and many more.

Social Security is required to use the same sequential process to evaluate mental or psychological disorders.  Very briefly - and without explanations - here is an outline of the five-step sequential process.

1. Is the claimant now working (earning at least $1,010 per month before taxes)?
2. Does the claimant have a severe and medically determinable impairment?
3. Does the claimant meet a listing?  If not, what is his/her residual functional capacity?
4. Can the claimant perform any of his/her past relevant work (work done in the past 15 yrs.)?
5. Is there any other work that a claimant of that age, education, skill level, work experience and residual functional capacity can do?

Those are the five important elements of any Social Security disability case.  Keep in mind that the state agency which makes the initial determination about disability often interprets data in an unfavorable manner resulting in a 75 percent denial rate (which varies state by state).  Therefore, most claims are not won at the first stage but many can be won at the second stage - which is an appeal involving a hearing before a US administrative law judge. 

Are disability cases involving mental impairments more difficult to win than cases involving physical impairments?  My experience is that they are not.  The evidence will obviously be different but the principles remain the same.  One of the clues is to have a good "trail" of medical evidence and treatment by a physician, preferrably a psychiatrist.

Try to obtain a Medical Source Statement form from your doctor as early in the claim process as possible.  Social Security will not attempt to get this form from your doctor.  It is up to the claimant or representative to get the statement.  In mental health cases, Form HA-1151 can be used for this purpose.

The Forsythe Firm  is experienced in Social Security disability cases involving psychological illness.  There is no fee for our service unless you win your claim AND collect back benefits. Reach us at (256) 799-0297.

More about the Forsythe Firm - disability advocates                                          More about NOSSCR

VOCATIONAL EVIDENCE IN A DISABILITY CASE

Vocational evidence in a Social Security disability case is to be ignored or minimized at your own peril.  I think sometimes so much emphasis is placed on medical evidence that the vocational evidence is neglected.  Here are examples of what is meant by "vocational evidence."

• What is your level of education and training?
• What kind of work have you done for the last 15 years?
• How was the past work categorized:  skilled, semi-skilled or unskilled?
• What is your exertional level:  sedentary, light, medium, heavy or very heavy?
• What kind of jobs, if any, are you still able to perform?

Those things are important because of the very definition of the word disability used by Social Security.  Under Social Security law, you are disabled if you have a serious medically determinable impairment that keep you from working, or is expected to keep you from working, for 12 months or more--or is expected to end in death.

In a nutshell, if Social Security finds that you are able to perform any of your past relevant work, you are not disabled.  Further, if it finds that you can perform "any other work" available in the national or local economy, you are not disabled.  Therefore, vocational evidence has equal importance with medical evidence.

Medical evidence is used to determine that you have one or more serious impairments.  Vocational evidence must be used to show that the impairment(s) prevent you from working. If an individual has a high school education or more, with vocational skills that can be transferred to other skilled or semi-skilled work, disability will be harder to prove.  On the other hand, if an individual has a limited education (7th grade or less), has no past relevant work--or only unskilled work, the benchmark for a finding of disability will be lower.  The medical + vocational evidence must come together to = disability.  Failure to properly develop this formula is one reason so many Social Security disability claims fail.

Learn how a Disability Advocate may be able to help you with Social Security here.

                            

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WHAT HAPPENS AT A SOCIAL SECURITY HEARING?

A Social Security disability hearing occurs when your claim has been denied at the initial level. The first decision will be made by a state agency contracted by Social Security - usually called the Disability Determination Service or DDS. In Alabama, this agency is located in Birmingham. If your claim is denied there, as 70 percent are, you have 60 days to ask for a hearing. It is at the hearing level that more disability claims get approved than at any other stage in the process.  (In other words, the hearing has the best odds of any step in the Social Security system).  Hearings are informal face-to-face proceedings before a US administrative law judge (ALJ). They are held in small conference-like rooms, typically with the following persons present:

• the administrative law judge (ALJ)
• the claimant
• the claimant's attorney or representative
• a Social Security employee who makes a recording of the proceeding
• a vocational expert, called by Social Security to give job related testimony

The ALJ will place the claimant and vocational expert (VE) under oath. He/She will state the pertinent issues in the case. The judge will then question the claimant or may let the representative question the claimant first. The gist of this questioning is to determine why the claimant is not able to work. Some questions commonly asked by the ALJ include:

• Describe what you did at your past job(s).
• Can you drive a car? How did you get here today?
• Why haven't you seen a doctor more often for your condition?
• How do you spend your day?
• What are your limitations on (bending, lifting, carrying, standing, sitting, remembering...)

After a round of questioning, the ALJ will turn to the vocational expert (VE) for testimony. The judge will offer 1 to 3 hypothetical questions, using residual functional limitations that seem to define the claimant's condition. Considering the claimant's residual functional capacity, age, education and past experience, can he do any of his past relevant work? If the VE responds "Yes," the representative must object or the hearing ends unfavorably. If the claimant CAN do any of his or her past relevant work, there is no disability. If the VE says, no, the claimant cannot do any of his past relevant work, the judge will move on to the final step.

Considering the RFC given at the above step, is there any other work in the national economy which exists in significant numbers that the claimant can do? If the VE says, "No, there is no other work that the claimant could perform," then a finding of disabled should occur. However, if the VE finds some jobs that the claimant could perform, that is a negative finding. Then, the representative must cross examine the VE to refute or weaken the testimony. This is a critical area where the representative earns his or her pay.

Unlike what you see on the TV commercials, judges do not usually announce their decision at the end of the hearing.  You will be notified by mail of the judge's decision in 3 to 6 weeks.

Click this link to visit our informative web site.

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SOCIAL SECURITY DISABILITY - A CHANGING ENVIRONMENT

The past 18 months have brought a rapid change in the Social Security disability environment. Award rates among US administrative law judges have fallen dramatically since the last quarter of fiscal year 2010. Judges that once averaged 60 percent favorable decisions may now average 40 percent or less. That is a drastic change. The result is very simple - it is now more difficult to get Social Security disability benefits. If a case is borderline it is probably going to be denied, whereas a year ago the same case might well have been awarded. What's to blame to this downturn in Social Security disability awards? Everyone has a theory, so here is mine.

First, I think there is a psychological impact of being told day in and day out that the Social Security trust funds are going broke. The latest projection now gives the disability trust fund only until 2016 before it starts paying out more than it brings in. In other words, by 2016 the reserves will have been used up. Most experts say that if nothing is done before 2016, disability benefits would have to be reduced to about 79 percent of the present level.

Second, the media have been exaggerating and sometimes misinforming the public on Social Security disability and stating that it is a large federal give-away program or that persons are getting disability benefits when they are able to work. Some of the items I have read come close to saying that Social Security judges are rubber stamping benefits and giving them to nearly everyone who applies. Of course, that is rubbish, since award rates are drastically down, both at the initial application level and at the hearing level.

Third, it's an election year and the Congress is facing budget deficits across the spectrum and looking to cut costs anywhere it can. Rest assured that pressure is being placed on US administrative law judges to hold back the rising cost of Social Security's disability program.

If you are recently disabled and will depend on Social Security for your financial survival, get help with your claim, especially if you are denied.  If you appeal within 60 days (very important) you still have a good cance of winning your benefits, perhaps with back pay included.

This link will direct you to a Social Security disability advocate for more information.

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WHY A STRATEGY?

Imagine it this way.  There is a huge structure with high walls and barred windows.  Inside there are hundreds of billions of dollars stacked neatly in heaps of crisp, fresh $100 bills.  There are guards posted and they will only release a few of those $100 bills each month and only to those who have gained the right to them.  Hundreds of thousands of people come to the gate of the big house every year, hoping for some survival money.  Seven out of ten get turned away and go away empty handed.  Some come back next month but many do not.

Of course, I am using my imagination to picture the big house as the US Social Security Administration.  While it is not literally piled high with $100 bills, of course, hundreds of thousands of persons do go there hoping to get a payment to sustain their lives with food, utilities, medical treatment - some of the basis necessities.  And seven out of ten do go away disappointed and often desperate.

All of that said to make a point:  there must be a well thought out strategy for approaching the Social Security program if we expect to successfully get through the front gate and receive a benefit.  Even though you've paid into the system for most of your life.  Some of the points of a well-thought strategy must include:

• Am I covered by Social Security disability insurance?
• Why am I disabled?
• Does my medical or mental condition prevent even simple, entry level work?
• How can I prove the severity of my condition(s)?
• Can I make the decision maker believe me?

One of my blog posts from a few months ago was entitled "Things That Don't Matter to Social Security."  I think every claimant should read that article before applying for Social Security disability because it forces us to focus on what does matter in a Social Security disability claim.  It does not matter that I am not employable.  It doesn't matter that nobody will hire me.  It matters not that my job skills are ancient, the economy has tanked, my license has expired, there are no job openings in my hometown or in my field of work; and it doesn't matter that the work I once did is now performed by automation.  

I must have a strategy to win Social Security disability and my strategy must focus on Why I am Disabled, not Why I Can't Get a Job.  A great industry has grown up around Social Security claimants representation.  Whether that is good or bad depends on your viewpoint.  But the point is that you must have a strategy to win disability benefits and the strategy must focus on the right points--the points that matter.  People walk away from Social Security claims empty handed every day - often people who really have a disability - but had no strategy to prove it.  I promise you, without a strategy the system will let you down.  If you don't have a strategy, please  call someone who can help you develop one.  If your claim is important, it is that important.

Learn more about local Social Security disability advocates here!

Call us in Huntsville, AL   (256) 799-0297

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