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.