If you are age 50 or over, you may qualify for Social Security benefits for any physical or mental condition which prevents you from full-time work.
Yes, younger individuals may also qualify. However, Social Security uses Medical-Vocational Guidelines which relax the requirements somewhat for persons age 50 and over.
In addition to your age, other factors include your past work experience and education. But being age 50 or more is the greatest single advantage a claimant has in being approved for Social Security benefits.
The Forsythe Firm will provide you with a free case evaluation and local consultation. If we represent you, you will never pay a fee until you get benefits with back payments. If you do not win benefits you will never pay us a fee for any service we perform.
Contact us at (256) 799-0297. We're located across from Bridge Street.
THE FORSYTHE FIRM Social Security Disability Counselors (256) 799-0297
Thursday, January 15, 2015
Tuesday, January 13, 2015
FOCUS ON WHY YOU ARE DISABLED, NOT WHY YOU CAN'T GET A JOB.
The
Social Security Act provides benefits for workers who are disabled. It
does not provide benefits to workers who cannot find a job. There is
huge distinction.
The following are EMPLOYMENT PROBLEMS,not covered by the Social Security Act; therefore, no benefits are payble for any of these situations:
The following are EMPLOYMENT PROBLEMS,not covered by the Social Security Act; therefore, no benefits are payble for any of these situations:
- Nobody will hire me.
- There are no jobs open in my neighborhood.
- My job skills are ancient and no longer in demand.
- The economy has tanked.
- The work I used to do is now performed by machines (automation).
- The type of jobs I could once get have moved to Mexico or Asia.
- Employers only see me as a liability.
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.
Why I am disabled must, therefore, focus on what I can and cannot do in terms of work related activities. How long can I sit? How long can I stand/walk? How many pounds can I lift? For how long can I stay focused? Is my memory in any way impaired? Do I have limitations in stooping, bending or reaching? Am I able to understand, remember and carry out instructions? Can I work up to 2 hours without a break? Can I persistently work 8 hours a day, 5 days a week without being absent more than 1 day per month? What medical evidence proves that I have some of those limitations? Can I get a Medical Source Statement (MSS) from my doctor which supports those limitations?
Without a strategy that deals with Why I Am Disabled, the system will let me down, every time. Social Security is like any other court in the land, in that, you must prove certain facts using allowable evidence, according to the governing regulations. It takes a strategy to do that. And these days it takes a pretty solid strategy.
Find out more about Social Security disability.
Why I am disabled must, therefore, focus on what I can and cannot do in terms of work related activities. How long can I sit? How long can I stand/walk? How many pounds can I lift? For how long can I stay focused? Is my memory in any way impaired? Do I have limitations in stooping, bending or reaching? Am I able to understand, remember and carry out instructions? Can I work up to 2 hours without a break? Can I persistently work 8 hours a day, 5 days a week without being absent more than 1 day per month? What medical evidence proves that I have some of those limitations? Can I get a Medical Source Statement (MSS) from my doctor which supports those limitations?
Without a strategy that deals with Why I Am Disabled, the system will let me down, every time. Social Security is like any other court in the land, in that, you must prove certain facts using allowable evidence, according to the governing regulations. It takes a strategy to do that. And these days it takes a pretty solid strategy.
Find out more about Social Security disability.
GET A MEDICAL SOURCE STATEMENT FROM YOUR DOCTOR
Your
doctor cannot approve you or sign you up for Social Security
disability. However, your doctor can and should play an important role
in providing evidence for full and fair evaluation of your disability
claim.
You should ask your doctor to provide a Medical Source Statement for you, such as form HA-1151 for physical impairments or HA-1152 for mental impairments. Why is this form so important to a successful Social Security disability claim.
It's important because it goes to the heart of what Social Security needs to approve your claim. That is, your limitations in the ability to perform work related activity. Your medical records alone do not show these limitations. In short, a Medical Source Statement gives your doctor's opinion as to how much you can lift and carry, how long you can sit, walk and stand; and may evaluate your ability to concentrate or react appropriately to other people.
Let's say Sara goes to her doctor with a complaint of chronic back pain. The doctor examines her and prescribes a muscle relaxer and a light duty pain pill with instructions to return in 30 days if the pain is not a lot better. Here is what the doctor's medical record will probably say:
Ms. Jones is a pleasant 51 year-old female who presents today for some pain in her lower back, which she has experienced for about 3 months. She is a well nourished lady in no apparent distress. Respiration is clear. Reflexes in all lower extremities (LE) are normal. I am going to prescribe some Flexeril and Naproxen to try. She will return in 4 weeks if not improved.
The above notation is virtually useless in a Social Security disability claim. It presents no severity of symptoms, no limits for lifting, standing, walking, sitting, bending, etc. In short, it gives Social Security no reason to believe that the patient cannot work every day in just about any capacity. It says that she has some back pain. That's all. And that is not nearly enough.
Ask your doctor to provide you with a Medical Source Statement that gives the specifics of your functional limitations. Not all doctors will do so, but this form can make the difference between an award an a denial of your claim.
Social Security will NOT ask your doctor for this statement; they will only ask for medical records, which as explained are woefully inadequate to get you approved. It is up to the claimant or her representative to obtain this form from the doctor.
You should ask your doctor to provide a Medical Source Statement for you, such as form HA-1151 for physical impairments or HA-1152 for mental impairments. Why is this form so important to a successful Social Security disability claim.
It's important because it goes to the heart of what Social Security needs to approve your claim. That is, your limitations in the ability to perform work related activity. Your medical records alone do not show these limitations. In short, a Medical Source Statement gives your doctor's opinion as to how much you can lift and carry, how long you can sit, walk and stand; and may evaluate your ability to concentrate or react appropriately to other people.
Let's say Sara goes to her doctor with a complaint of chronic back pain. The doctor examines her and prescribes a muscle relaxer and a light duty pain pill with instructions to return in 30 days if the pain is not a lot better. Here is what the doctor's medical record will probably say:
Ms. Jones is a pleasant 51 year-old female who presents today for some pain in her lower back, which she has experienced for about 3 months. She is a well nourished lady in no apparent distress. Respiration is clear. Reflexes in all lower extremities (LE) are normal. I am going to prescribe some Flexeril and Naproxen to try. She will return in 4 weeks if not improved.
The above notation is virtually useless in a Social Security disability claim. It presents no severity of symptoms, no limits for lifting, standing, walking, sitting, bending, etc. In short, it gives Social Security no reason to believe that the patient cannot work every day in just about any capacity. It says that she has some back pain. That's all. And that is not nearly enough.
Ask your doctor to provide you with a Medical Source Statement that gives the specifics of your functional limitations. Not all doctors will do so, but this form can make the difference between an award an a denial of your claim.
Social Security will NOT ask your doctor for this statement; they will only ask for medical records, which as explained are woefully inadequate to get you approved. It is up to the claimant or her representative to obtain this form from the doctor.
Friday, January 9, 2015
AVOID FATAL MISTAKES IN YOUR SOCIAL SECURITY DISABILITY CLAIM
Only about
one-fourth of applications for Social Security disability benefits are
approved without a hearing. Below are some of the serious mistakes that
claimants make. If you are filing for Social Security disability, know
these mistakes and avoid them for the best chance of winning benefits:
1. Believing that the Social Security doctor will find that you are disabled. This is very unlikely. The doctor Social Security sends you to will spend no more than 15 -20 minutes with you and will perform a very limited examination. He has no incentive to find you disabled, since he is paid by Social Security. You may have better luck with your own doctor.
2. Don't fail to ask your own doctor to complete a Medical Source Statement. This is a form which explains what specific limitations you have in performing work related functions, such as sitting, standing, walking, lifting, bending, concentrating, etc. This is in addition to routine medical records and does not require a special examination.
3. Filing for disability while you are still working. You cannot file for disability while you are working at "substantial gainful activity" or SGA. In 2015, this amounts to work that pays you at least $1,090 per month. In 2014, the SGA limit was $1,070 per month. Work that pays less than the SGA amount may not disqualify you.
4. You have to prove that your disability will last at least 12 consecutive months (or that it has already lasted that long). There is no short term disability with Social Security. 12 months is the minimum duration for a qualifying disability.
5. Failing to get medical treatment. All disability awards must be based on "medically determinable impairments." You will need your doctor to examine you, diagnose your problems and determine how severe your symptoms are. Medical doctors and clinical psychologists are "accepted medical sources" with Social Security. Chiropractors, counselors and nurse practitioners are not.
6. Failure to get psychological problems diagnosed and treated. Social Security must consider psychiatric or emotional problems as well as physical problems - but they must be diagnosed by a psychiatrist or clinical psychologist, or at least by your family doctor.
7. You must apply while you have Social Security coverage. Not everyone has Social Security disability coverage. You become covered by working and paying a special tax called FICA tax, which is required to be withheld on every worker. However, you must earn enough quarters of work to be covered. Also, when you stop working, you eventually lose your disability coverage with Social Security. This usually happens after 4 years of no work. If there are gaps in your work, your coverage may expire in less than 4 years. The date you stop being covered is called your "date last insured" or DLI.
8. You have to appeal unfavorable decisions within 60 days. Being denied is not the exception, it's the rule. Be prepared to file a request for hearing within 60 days after you receive a denial letter from Social Security. This 60 day rule is very strict. If you wait too long you cannot appeal the claim and must start all over.
9. Avoid trying to represent yourself (pro se representation). Social Security law is a highly technical and specialized field. The US disability program is governed by thousands of pages of rules and regulations. If you don't meet the rules or follow the correct procedures you can be denied and this may cost you thousands--even hundreds of thousands of dollars over the years. Consider getting a specialist to represent you and arrange a "contingency fee" situation where the representative gets paid only if you win.
10. Failure to prepare the vocational (work) aspects of your claim. There are two important parts of a Social Security disability claim: the medical aspect is the best known part. However, there is an equally important vocational aspect to the claim. Past work will be classified and a vocational expert will be asked to determine whether there are any jobs in the US economy that you could still perform, in spite of your physical and/or mental limitations. Failure to adequately prepare the vocational aspect of your claim will result in a denial, just like failure to prepare the medical part of the claim will get you denied.
11. Failing to get a Medical Source Statement from your doctor. This is not the same thing as routine medical records, which Social Security will obtain for you. Social Security will NOT ask for a medical source statement. Common forms used for this purpose are forms HA-1151 for physical impairments or HA-1152 for mental impairments. It is up to the claimant or his representative to get this form completed by the doctor. It can make the difference between approval or denial of your claim.
SEE OUR FREQUENT QUESTIONS AND ANSWERS SECTION - FREE
1. Believing that the Social Security doctor will find that you are disabled. This is very unlikely. The doctor Social Security sends you to will spend no more than 15 -20 minutes with you and will perform a very limited examination. He has no incentive to find you disabled, since he is paid by Social Security. You may have better luck with your own doctor.
2. Don't fail to ask your own doctor to complete a Medical Source Statement. This is a form which explains what specific limitations you have in performing work related functions, such as sitting, standing, walking, lifting, bending, concentrating, etc. This is in addition to routine medical records and does not require a special examination.
3. Filing for disability while you are still working. You cannot file for disability while you are working at "substantial gainful activity" or SGA. In 2015, this amounts to work that pays you at least $1,090 per month. In 2014, the SGA limit was $1,070 per month. Work that pays less than the SGA amount may not disqualify you.
4. You have to prove that your disability will last at least 12 consecutive months (or that it has already lasted that long). There is no short term disability with Social Security. 12 months is the minimum duration for a qualifying disability.
5. Failing to get medical treatment. All disability awards must be based on "medically determinable impairments." You will need your doctor to examine you, diagnose your problems and determine how severe your symptoms are. Medical doctors and clinical psychologists are "accepted medical sources" with Social Security. Chiropractors, counselors and nurse practitioners are not.
6. Failure to get psychological problems diagnosed and treated. Social Security must consider psychiatric or emotional problems as well as physical problems - but they must be diagnosed by a psychiatrist or clinical psychologist, or at least by your family doctor.
7. You must apply while you have Social Security coverage. Not everyone has Social Security disability coverage. You become covered by working and paying a special tax called FICA tax, which is required to be withheld on every worker. However, you must earn enough quarters of work to be covered. Also, when you stop working, you eventually lose your disability coverage with Social Security. This usually happens after 4 years of no work. If there are gaps in your work, your coverage may expire in less than 4 years. The date you stop being covered is called your "date last insured" or DLI.
8. You have to appeal unfavorable decisions within 60 days. Being denied is not the exception, it's the rule. Be prepared to file a request for hearing within 60 days after you receive a denial letter from Social Security. This 60 day rule is very strict. If you wait too long you cannot appeal the claim and must start all over.
9. Avoid trying to represent yourself (pro se representation). Social Security law is a highly technical and specialized field. The US disability program is governed by thousands of pages of rules and regulations. If you don't meet the rules or follow the correct procedures you can be denied and this may cost you thousands--even hundreds of thousands of dollars over the years. Consider getting a specialist to represent you and arrange a "contingency fee" situation where the representative gets paid only if you win.
10. Failure to prepare the vocational (work) aspects of your claim. There are two important parts of a Social Security disability claim: the medical aspect is the best known part. However, there is an equally important vocational aspect to the claim. Past work will be classified and a vocational expert will be asked to determine whether there are any jobs in the US economy that you could still perform, in spite of your physical and/or mental limitations. Failure to adequately prepare the vocational aspect of your claim will result in a denial, just like failure to prepare the medical part of the claim will get you denied.
11. Failing to get a Medical Source Statement from your doctor. This is not the same thing as routine medical records, which Social Security will obtain for you. Social Security will NOT ask for a medical source statement. Common forms used for this purpose are forms HA-1151 for physical impairments or HA-1152 for mental impairments. It is up to the claimant or his representative to get this form completed by the doctor. It can make the difference between approval or denial of your claim.
SEE OUR FREQUENT QUESTIONS AND ANSWERS SECTION - FREE
Thursday, January 8, 2015
RECONSIDERATION vs. REQUEST FOR HEARING
When Social
Security denies a disability claim, there are appeals that can be made
to get a another chance. In 40 states, the next step is called
"Reconsideration." That's really a waste of time but it is required in
those 40 states (Alabama is not one of them).
"Reconsideration" simply means that a different disability examiner will review your claim to be sure the one who denied your claim didn't make a mistake. Guess what? In about 97 percent of cases, nothing changes at "reconsideration." After you are denied again at reconsideration, you may now move on to a request for hearing by an administrative law judge.
10 states, of which Alabama is one, does not require the "reconsideration" step and allows you to move directly from denial to a request for hearing. This saves time, since the "reconsideration" step usually takes 3 to 4 months.
Reconsideration does not:
What are the odds of getting something changed - Reconsideration vs. Hearing?
"Reconsideration" simply means that a different disability examiner will review your claim to be sure the one who denied your claim didn't make a mistake. Guess what? In about 97 percent of cases, nothing changes at "reconsideration." After you are denied again at reconsideration, you may now move on to a request for hearing by an administrative law judge.
10 states, of which Alabama is one, does not require the "reconsideration" step and allows you to move directly from denial to a request for hearing. This saves time, since the "reconsideration" step usually takes 3 to 4 months.
Reconsideration does not:
- allow you to meet with someone face to face to discuss your claim
- take your case before an administrative law judge
- send you for more medical examinations (usually)
- allow your attorney or representative to appear on your behalf
What are the odds of getting something changed - Reconsideration vs. Hearing?
- At reconsideration, there is only about a 3 percent chance of getting a better decision.
- At a hearing, about one half of denials are reversed and benefits are awarded (national average).
- Claimants who are represented have a drastically better chance of awards at hearings.
Thursday, January 1, 2015
DANGER OF REPRESENTING YOURSELF AT A SOCIAL SECURITY DISABILITY HEARING
Social Security disability hearings are handled by administrative law judges. They have a law degree and usually practiced law for years before becoming a judge. Their job is to conduct the hearing according to all the laws, rules and regulations."Do you want to be the only inexperienced person in the room? If you walk into a Social Security disability hearing unrepresented, you will be."
The vocational witness will have a master's or doctor's degree and years of experience as a vocational rehabilitation counselor. She has probably attended thousands of Social Security disability hearings.
If there is a medical expert (ME), he/she will have a Doctor of Medicine (MD) degree, or equivalent.
Into this frightening crowd of professional persons sits the claimant, with no training in Social Security disability rules, regulations or procedures. The claimant doesn't usually have a clue about what procedures will be followed, what his burden of proof is or what kind of evidence is accepted.
The claimant cannot be expected to know the myriad of technical terms and their meanings: SGA, PRW, RFC, AOD.... What are the demands of sedentary work as opposed to light work? How do non-exertional limitations play into all this? How many days per month may I be absent for medical treatment and still hold a full-time job?
"Is it unfair, and totally illogical, to expect the claimant to handle his Social Security disability hearing successfully alone."
www.forsythefirm.com
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