SEE A MEDICAL SPECIALIST

When you are trying to get Social Security disability benefits, it is to your advantage to be treated by a doctor who is a specialist in your area of impairment.  For instance, if you are disabled by heart disease, you want to be treated by a cardiologist, if possible.  If you have joint or back problems, you want to be seen by an orthopedic specialist.  For depression or mental impairments, you need to see a psychiatrist or clinical psychologist.

Everything about Social Security disability decisions are regulated.  According to 20 CFR 404.1527, the opinions of doctors who treat you are usually given more weight if they are specialists, treating an illness or injury within their area of specialty.  Thus, a cardiologist is given more weight for a diagnosis or opinion about chest pain than an ear nose and throat (ENT) doctor would be accorded.

Specialized treatment is not always available because of no insurance and limited ability to pay doctor's bills.  Many claimants have to see doctors at community clinics for this reason. 

Also, keep in mind that not all practitioners are "acceptable medical sources" with Social Security decision makers.  Nurse practitioners, chiropractors and counselors are examples of medical professionals who are not "acceptable medical sources" when it comes to providing evidence about disability matters.  Social Security will not generally accept a diagnosis about an impairment from these practitioners unless it is also supported by an "acceptable medical source," such as an medical doctor (MD), doctor of osteopath (DO), etc.

VALUE OF A MEDICAL SOURCE STATEMENT

Applicants for Social Security disability benefits should always try to obtain a Medical Source Statement from their treating doctor.  This is a form on which your doctor gives an opinion about your ability to perform certain work related functions, such as sitting, standing, walking, lifting, bending, concentrating, etc.  Here are some of the benefits of getting your doctor to provide this form:

1. It establishes your residual function capacity, which is what Social Security disability decisions are based on.  Your doctor is in the perfect position to decide what your maximum functional abilities are.
2. It helps to establish the severity of your medical conditions.  Without pinning down how severe your impairments are, it is unlikely you can win benefits.
3. It helps establish the date on which you first became disabled, called "the established onset date."  You can usually get benefits back to this date if you were not gainfully employed after that date.

There are basically two types of Medical Source Statement forms:  HA-1151-BK for physical impairments and HA-1152-BK for mental impairments.  Try to ensure that you are using the newest version of each form.

Remember, federal regulations require Social Security to give more weight to the opinion of your treating doctor than to a consulting doctor who examines you once.  So more weight is given to your doctor than to a doctor you hire for a one-time evaluation.  Your doctor's opinion also gets more weight than the consulting doctor Social Security sent you to.  (20 Code of Federal Regulations 404.1527(c)(2).

Need more information about a Disability Claim?  Click Here.

WHY MORE PEOPLE CHOOSE THE FORSYTHE FIRM

• The Forsythe Firm will help prepare your application and supporting forms for you.

• The Forsythe Firm never charges a fee unless you win and get back pay.

• The Forsythe Firm is a locally owned and operated professional firm.

• The Forsythe Firm has a good track record of winning disability claims.

• The Forsythe Firm is conveniently located across from the Bridge Street Mall.

• The Forsythe Firm will appeal any unfavorable decision and go with you to hearings.

• The Forsythe Firm receives approved fees by direct payment from Social Security*

• The Forsythe Firm practices only in the area of Social Security disability.

• *The Forsythe Firm charges you no upfront fees, deposits or expenses.

To make an appointment for a free consultation, case evaluation, or just to get questions answered about a disability claim, please contact us without cost or obligation.

CALL HUNTSVILLE (256) 799-0297       IN ATHENS CALL (256) 431-1599

CHOOSING YOUR ALLEGED ONSET DATE

The allged onset date (AOD) could be defined several ways, including:

1. the date you claim you first became unable to work, or
2. the date you believe you first became eligible for Social Security benefits.

The term alleged onset date never occurs in the Social Security disability application.  The application simply asks, "On what date did you become unable to work?"

Many people choose the day following their last day of work to be their AOD--but this is not necessarily the case.  The AOD may be before or after the last day of work.  At a hearing, the administrative law judge will carefully examine the alleged onset date to see if it can be supported by medical evidence.

The judge may want to move your alleged onset date forward to a more recent date.  This would often reduce the amount of back pay you would be entitled to receive.  The date that the judge determines to be the date you first became unable to work becomes your established onset date. 

Congress has mandated a five-month waiting period.  Social Security must deduct five full months of benefits from the established onset date.  For example, if your established onset date is March 15, you will become eligible to be paid for the month of September (April - August would serve to fulfill the five-month waiting period).

The waiting period prevents payment to persons with very short term disabilities and it also saves the government money on long term claims by deducting the first five months of payments.

WIDOW OR SURVIVOR BENEFITS

Many times a person hasn't worked long enough, or hasn't worked recently enough to be eligible for Title II disability benefits under his or her own work record.  Another venue to check would be widow's benefits. Reduced retirement benefits may be available to widows at age 60.  Disability benefits may be available at age 50.

Basic requirements for widow's disability benefits are:

• You were married to the worker for at least 10 years.
• Your disability began before or within 7 years of the worker's death.
• You are at least 50 years of age.
• You meet the same definition of disability as would be required of a worker.

Survivor's benefits may be available at any age if you take care of the deceased worker's child who is under the age of 16 OR the child is disabled and receives a benefit under the deceased worker's record.

Remarriage after age 50 does not affect disability benefits.  Remarriage after age 60 will not affect retirement benefits.

You must go to a Social Security office to apply for Widow's or survivor's benefits.  You cannot apply for these benefits online.  Taking a completed Disability Report with you will shorten the time required for the application process.  The Disability Report can be downloaded from www.socialsecurity.gov.  

Click to Tell an Advocate About Your Claim 

MAKE THE "WORK HISTORY REPORT" YOUR FRIEND

When you apply for Social Security disability, you will be asked to complete several lengthy forms.  One of them is the Work History Report which tells about your past jobs.

This is a long, complicated form that many applicants rush through, half-way complete or give little effort.  A poorly prepared work history report can get your claim for disability benefits denied.  Here's why.

Decision makers must decide whether you can perform any of your past relevant work.  First, they must know what your past jobs were.  More importantly, they must know the exact duties of each job.  A decision maker will classify each one of your past jobs in terms of its skill level and exertion level.

• Skill levels:  skilled, semi-skilled or unskilled

• Exertion levels:  sedentary, light, medium, heavy or very heavy

If the Social Security decision maker finds that you are physically and mentally able to perform even one of your past relevant jobs, the regulations require a decision of not disabled, which equals no benefits.

You should be extremely careful to describe each job on the Work History Report in terms of how much standing, walking, lifting, reaching, kneeling, stooping, etc. you performed.  Try to give an accurate estimate based on your recollection of a typical day's work.

Finally, keep in mind that the question about "What is the heaviest weight you lifted?" means the heaviest weight you ever lifted on that job, even if you only lifted it very occasionally, such as once every month.  For example, if you worked as a cashier which was mostly light work - but once a week you had to help unload a truck which involved lifting cases of inventory that weighed 40 pounds--you really had a medium exertion job, not light.  That could be the turning point in your claim.

Describe the duties of each of your past jobs in great detail, especially the standing, walking and lifting. I cannot over emphasize how important this could be.

 

HOW AN ADVOCATE MAY HELP YOU WIN SOCIAL SECURITY DISABILITY CLAIMS

An advocate is a trained person that you appoint to represent you before the US Social Security Administration.  The advocate will be the only person besides yourself at the hearing who is totally dedicated to getting your disability benefits approved.

Here is how a professional advocate or representative can help you:

Screen your application to be sure it is complete, accurate and compelling.  We find that many disability applications are denied on some technical point or simply because of an error in the application forms.

Develop a legal theory of your case that can be approved.  Winning a Social Security disability case is technical and must have the weight of legal persuasion behind it.  A winning legal theory simply means that somebody points out chapter and verse of the rules, regulations or laws that support your claim.  This may involve Listings, Medical-Vocational Guidelines, Social Security Rulings, federal court decision or any number of complicated rules and regulations.

Represent you at your hearing.  Hearings are presided over by US administrative law judges, professionals trained in federal administrative law.  You may also face a medical expert (doctor) and/or a vocational expert.  Be sure you have your own expert sitting at your left elbow during this hearing. This will only happen if you appoint a representative to go to the hearing with you.

Recover maximum retroactive or "back pay" benefits.  Social Security must pay you from the established onset date of your disabling impairment, subject to certain rules and regulations. Your representative will work to be sure you recover as much money as you are entitled to get.  One simple change in your "established onset" can mean the difference between no back pay and getting tens of thousands of dollars in back pay settlement.  Let your advocate take the steps required to recover all your back pay.

Remember, there can be no fee for your representative's service unless you win your case and also recover past due benefits (back pay).  Consultations are free.