Veterans who became disabled after October 1, 2001 may apply for Social Security disability benefits, regardless of where the disabling impairment occurred.
Social Security's website states the following:
Active duty status and receipt of military
pay does not, in itself, necessarily prevent payment of Social Security
disability benefits. Receipt of military payments should never stop
you from applying for disability benefits from Social Security. If you
are receiving treatment at a military medical facility and working in a
designated therapy program, or on limited duty, the government will
evaluate your work activity to determine your eligibility benefits.
Even
if you are told by someone at a Social Security office that you do not
qualify for disability benefits because you still receive active duty pay, you are "still working," etc., be sure to check this with another qualified
source. Social Security personnel are generally well trained, hard
working and well meaning individuals who do excellent work. But, like
in all other areas of life,
mistakes are sometimes made. That's why you have attorneys and advocates to
assist you with protecting your rights under the Social Security Act and
to make sure that you get all the benefits you are entitled to, even
when a mistake is made.
If
you need to just check out a Social Security disability claim, or
appeal an unfavorable decision, please feel free to contact the Forsythe
Firm here in Huntsville for a no cost, no obligation discussion. (256)
799-0297.
- Location: 7027 Old Madison Pike NW, Suite 108 (across from Bridge St.)
- Our Firm: Private advocates with focus on Social Security disability.
- Experience: We regularly help thousands of claimants with Social Security matters, including claims, appeals, medical evidence, forms....
- While not affiliated with Social Security or the US Government (We work for you), we are Direct Pay Eligible with the Social Security Admin.
- FEES: No consult fees, no upfront cost. Pay a fee only if you are approved, and only after you are awarded back pay.
Social Security
disability was set up under the Social Security Act to provide income
for workers who became disabled before reaching retirement age. The
program, for the most part, doesn't work. There are too many obstacles
placed in the way. Here are a few of them.
Obstacle: The Application for Benefits. A
typical Social Security benefit application package contains at least
38 pages of forms, questionnaires and documents. Many people simply
cannot complete all these forms in a way that allows benefits to be
paid. Social Security will use some of these forms, such as the
Function Report, to deny claims.
Obstacle: The Consultative Examination. In
some cases, Social Security will order you to attend a "consultative
examination" with the doctor of their choice. This doctor typically
spends about 15 minutes with you and performs no lab tests, X-rays or
other diagnostic procedures. In 90 percent of cases, the doctor will
find no significant abnormality and will, in effect, pronounce you fit
to work. He will report that you are able to get on and off the exam
table without assistance, have limbs that appear normal, have breath
sounds that seem OK and that you are "in no apparent distress." Good to
go. Here comes your denial.
Obstacle: The Single Decision Maker. A
single decision maker at the Disability Determination Service, who is
not a doctor, will review your medical records and make a decision that
you may not be able to perform any of your past work but that there is
some other work that you could do.
Obstacle: The Burden of Proof. You are assumed to be able to work until you can prove otherwise. If you are under the age of 50, it isn't enough to prove that you cannot perform any of your past work (called 'past relevant work'). You must also prove that there does not exist any other job in
the United States economy that you are able to perform. This is a very
high burden of proof. Social Security will often argue, for example,
that you could do the work of an inspector, garment tagger, ticket
taker, egg washer, assembler or hand packager... They will even argue
that you can perform these jobs sitting down and that you can change
from sitting to standing any time you need to.
Obstacle: Interpretation. Social
Security will interpret medical and vocational evidence as it suits
them. If you look out the window and say it's raining, they will say,
"Where do you find that in the medical evidence?" If your doctor gives
you a letter stating, "Mr. So-and-So is not able to work," Social
Security will say, "The doctor is not allowed to make that decision."
This is why a huge industry has grown up around Social Security disability.
At least 70 percent of all claims get denied before they are approved.
The appeal process is long, complicated and technical. Unless you understand Social Security regulations, it can be a maize of terms, processes, interpretations and requirements that you have no hope of understanding.
If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration.
You
need to recent work to be eligible for disability benefits. You must
have worked at least 20 out of the last 40 quarters, or more simply put,
you must have worked 5 out of the last 10 years.
If
you stopped working at a job that pays FICA tax more than 5 years ago,
you will not be able to get disability benefits, no matter how much you
paid into the system. That money remains in the trust fund (pool) until
you reach retirement age.
Your
Date Last Insured (DLI) is the date you stopped being insured for
disability claims with Social Security. If a disability begins after
the DLI, it is not covered. This is one more good reason not to delay
in filing a claim as soon as you feel you have become disabled.
I've stated here many times that when Social Security denies a disability claim, you must ask for a hearing (appeal). What happens when you go to the hearing and get denied again?
The next step is to ask for a review by the Appeals Council (AC). You will use form HA-520 for this.
The AC will review the judge's decision and the rationale he/she used in reaching the decision. If it appears that the judge did not give adequate weight to the medical record, or made some other error in reaching the decision, the AC may remand the case back to the administrative law judge for further action, usually a new hearing.
The Appeals Council could, in very rare cases, overturn the judge's decision and award benefits. However, this happens in less than 2 percent of all cases. The most common remedy, if the AC does anything at all, is to remand the case back to the judge for another hearing. This gives the claimant a second chance with the judge.
You may file an appeal with the AC as many times as you like, even after a remand and new hearing--unless the AC finally denies the appeal and let's the judge's decision stand as the "final decision." At that point, your option is to consider a lawsuit against the Commissioner of Social Security, such suit to be filed by your attorney in a Federal District Court.
An industry has grown up around helping claimants get Social Security disability benefits. That is because most claimants who try on their own are denied. They spend years trying to get benefits only to be denied. Finally, they turn to a professional who knows how to help them.
There are many excellent attorney and non-attorney advocates who are skilled in assisting you with the difficult Social Security disability process, including hearings and appeals. My one piece of advise would be this: Seek out a local North Alabama advocate or attorney who lives in your community and has an office close to you. Avoid going to California, New York or Los Vegas, where you must deal with your representative over the telephone or by mail.
Every city and small town in Alabama has many attorneys or advocates who are trained and experienced in handling federal administrative law, the branch of law that deals with government agencies, such as the US Social Security Administration (SSA). You can walk into one of these offices, meet your representative face to face, ask questions, get advice, or talk about your claim or hearing. You cannot do that with the big corporate boys in Los Vegas or Chicago. They may or may not even return your calls.
A local representative is more likely to emphasize getting to know you as a person (not just a claim number), preparing your case or appeal himself or herself, and attending the hearing with you, rather than sending someone from out of town whom you have never meet before.
Some questions you may want to ask your representative before you hire him or her:
- Are you experienced in dealing with Social Security disability claims?
- Have you appeared before administrative law judges?
- Are you qualified to receive direct payment of fees from Social Security?
- Do you have a local office where I can meet with you and discuss my case?
- Will I have access to my actual representative, or will I deal with someone else?
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike NW
Huntsville, AL 35806
(256) 799-0297 "Across from the Bridge Street Mall"
The
Forsythe Firm in Huntsville, AL is offering free, no obligation
evaluations of Social Security disability claims. We will evaluate your
claim before you file, recommend the best approach and tell you the
strengths and weaknesses of your claim. Every claim is different.
Factors that must be considered in any claims analysis include:
- Your age
- Your education
- Your past work history and experience
- Your medical conditions - both physical and mental
- How much medical treatment you have received and are now receiving?
- Do you meet a Listed Impairment (not required)?
- Can you qualify for a Compassionate Allowance and faster approval?
- Are you a disabled veteran?
How
does a free case evaluation work? First, we will speak with you on the
telephone and take some basic information. Next, we will probably set
up a free office consultation at our Huntsville Office (near Bridge
Street). We will review your medical and job information and help you
make a decision whether you have a viable claim for Social Security
benefits. We will not pressure you in any way. We will explain your
options, how we work, how long it will take, etc. If you decide for us
to represent you, and if we decide to take your case, you will only pay
us a fee if you win your claim and collect past due benefits. If you
lose or if you collect no past due or retroactive benefits, you never
pay us a dime, no matter how much we worked on your case.
You
may start by telling us about your condition by answering a few simple
questions on our website. This information is confidential, to be
reviewed only by one of our trained advocates or partners. Just click
the link below and answer a few basic questions. We will contact you
for more information.
Click HERE to go to our website. Then, click on the "Tell Us About Your Claim" tab in the center of our home page.
You may also call us at (256) 799-0297.
The
federal regulations reserve Social Security disability benefits to
individuals who an prove disability with objective medical evidence.
Generally, you must be able to provide medical records from doctors,
psychologists, clinics, hospitals or other acceptable medical
professionals that show.......
- the existence of impairments
- the severity of impairments
- the duration of impairments (how long symptoms have lasted)
There are two types of medical evidence. Objective medical evidence may include imaging studies, laboratory reports, EKG, and comprehensive examinations by a qualified doctor. Subjective
medical evidence refers to opinions of professionals who have viewed
the objective evidence and given a professional opinion concerning
your symptoms, diseases or injuries.
It
isn't enough for a claimant to allege back pain, for instance. It
isn't enough for a doctor to make a note in her chart that the patient
has complained of back pain. Most helpful would be an X-ray or MRI
study showing the probable source and cause of back pain, such as a
bulging or herniated disc, foraminal canal stenosis, degenerative disc
disease, etc. Then, your doctor might offer an opinion as to how the
disease (or injury) would limit your ability to sit, stand, walk, bend,
crouch, crawl, lift, etc.
"It
is really by demonstrating significant limitations on the ability to
perform common work related activities that you qualify for disability
benefits."
How
severe must the limitations be? The answer lies in the combination of
several key facts: the claimant's age, level of education and past work
experience. For
most claimants under the age of 50, the impairment must prevent the
ability to perform any full-time work. The rules are somewhat less
stringent for persons over age 50. For example, a claimant who is over
age 55, has a limited education and past relevant work that is unskilled
may only have to demonstrate that he cannot perform any of his past
work. A younger individual will likely have to prove the inability to
perform any and all work which exists in the US economy.
If
you are suffering from a medical condition that you feel may lead to
disability, it is extremely important to get prompt medical attention,
continue to see your doctor(s) regularly and try to follow the
recommended treatment plan. It is also important to tell the doctor(s)
about all your symptoms and explain any problems you are having with
such things as prolonged sitting, standing, walking, bending, lifting,
concentration, fatigue....etc.
