If you are receiving Social Security Disability Insurance benefits (SSDI), you are not permitted to work full-time or at "substantial gainful activity" (SGA). Simply put, in 2019, you cannot earn at least $1,220 per month in wages, salary, tips, or self-employment income. If you do earn at least $1,220 per month, you become ineligible for SSDI benefits and your check will be terminated.
I might point out, also, that all your wages get reported directly to Social Security by your employer. Employers are required to deduct FICA taxes, which is a Social Security tax. These wages are reported quarterly to Social Security and there is a computer in Baltimore that matches these wages to your Social Security number.
If you reach the maximum threshold of $1,220 per month in wages, the computer will generate a "take action" notice and you will be contacted about the termination of SSDI benefits.
This process can be slow. You may not be contacted right away about working and receiving excessive earnings. Sometimes, it may take a year or two before the Social Security Administration notifies you that you benfits are being terminated. In that case, they will determine the date on which you began engaging in "substantial gainful activity" (earning at least $1,220 per month). Social Security will demand that you repay any benefits you received after that date.
Sometimes, they will demand that you repay thousands of dollars in benefits. And, no, there is no way to get out of paying the money back. If you work and also take a Social Security benefit that you are not legally entitled to, that money has to be repaid, no matter how long it takes Social Security to notify you of the problem.
Here is the safest, and legal way, to handle work related income. Whenever you begin to earn at least $1,220 per month in gross wages or self-employment income, contact Social Security and tell them about your earnings. Ask them to stop your benefit check. Or, simply avoid working at "substantial gainful activity."
Social Security is slow at everything they do. If you work and don't report it, it may take them a long time to catch you--but catch you they will--and the consequences can be very unpleasant.
Finally, the dollar amount for what is considered "substantial gainful activity (SGA) changes each year due to inflation. In 2019 it is $1,220. In 2018, it was $1,180. The number will probably change slightly for 2020; however the 2020 number hasn't been released yet.
If you get SSI (Supplemental Security Income), the above rules are not the only rules you need to worry about. Any income, from almost any source, can affect your ability to continue to get SSI benefits. The above information refers only to SSDI claims, also called Title 2 claims, not SSI.
Saturday, September 7, 2019
Friday, September 6, 2019
HIRING A TV LAWYER
The following story comes from one of our clients who hired a TV lawyer.
I am addicted to late night TV, so I sit up and watch reruns on HGTV or the Super Station. That's where I saw the TV lawyer.
A congenial man in his early fifties with slightly graying hair, a pleasant smile and convincing voice. He told me that if I needed disability benefits, he could help me get them. In 30 seconds he had me convinced that he would be working just for me.
It never occurred to me that he wasn't a lawyer at all; he was an actor who played a lawyer on TV commercials. But he plastered an 800 telephone number on the screen and was so warm and convincing that I wrote down the number. Next day I gave him a call.
A woman answered in a call center. I could hear several other operators carrying on conversations with other callers. She took my number and promised that someone would call me back the same day. I wasn't really expecting the TV lawyer to call but then I didn't really know what to expect.
Later that afternoon another woman called me. She asked a lot of questions about my disability and explained what her firm could do for me. Since it didn't cost anything unless I got my benefits approved, I agreed to sign up. About a week later, a big packet of forms arrived from Chicago. So, the TV lawyer wasn't in Huntsville, at all.
I completed the forms and sent them back. There was some infrequent contact by mail and one or two phone calls in the following year. Finally, my hearing date approached. About two weeks before my hearing, a man from the disability firm in Chicago called to explain the hearing. We spent 20 minutes on the phone. He told me to arrive at the hearing one hour early and my lawyer would meet me there.
As expected, my lawyer met me at the hearing location. He wasn't at all like the handsome TV lawyer. He was OK but didn't seem to know much about me. After all, he had never met me. We had talked for about 5 minutes when the hearing clerk came out and interrupted us.
"Our 10 o'clock hearing was a no-show," she said. "The judge wants to go ahead and start your hearing right away if possible."
So, having talked to my lawyer for less than 10 minutes, we headed into the hearing, complete strangers....going into a hearing that would determine my financial destiny. I began to wonder if maybe that TV lawyer had let me down.
_________
The moral to this story is to think about it before you call a TV lawyer on a distant 1-800 phone number. You never know who you are calling. Almost certainly, these calls are not answered in Huntsville, and probably not in Alabama. You may be hiring a lawyer 1500 miles away. And you won't meet him/her until a few minutes before your hearing starts. All of your contacts will be by mail or long distance phone calls. If that's what you want, then call the TV guy. However, if you want a local representative with an office here in Huntsville, this may not be your best option. If you want someone who can meet early in the process and get to know before the hearing, maybe a local representative is a better option. (My clients come to my office at least twice before a hearing and they have my personal cell phone number). Certainly, if you want more personal attention to your case, the faraway 1-800 lawyer may not be your first choice.
Ironically, the TV law firm won't even fly one of their lawyers down to Alabama for your hearing. They will call a lawyer in Alabama and contract with him or her to handle the hearing for them. So, you may end up with a local lawyer, just one that you didn't get to choose and never had a chance to meet. The TV lawyer choose a local lawyer for you.
So, why not choose your own local representative?
A congenial man in his early fifties with slightly graying hair, a pleasant smile and convincing voice. He told me that if I needed disability benefits, he could help me get them. In 30 seconds he had me convinced that he would be working just for me.
It never occurred to me that he wasn't a lawyer at all; he was an actor who played a lawyer on TV commercials. But he plastered an 800 telephone number on the screen and was so warm and convincing that I wrote down the number. Next day I gave him a call.
A woman answered in a call center. I could hear several other operators carrying on conversations with other callers. She took my number and promised that someone would call me back the same day. I wasn't really expecting the TV lawyer to call but then I didn't really know what to expect.
Later that afternoon another woman called me. She asked a lot of questions about my disability and explained what her firm could do for me. Since it didn't cost anything unless I got my benefits approved, I agreed to sign up. About a week later, a big packet of forms arrived from Chicago. So, the TV lawyer wasn't in Huntsville, at all.
I completed the forms and sent them back. There was some infrequent contact by mail and one or two phone calls in the following year. Finally, my hearing date approached. About two weeks before my hearing, a man from the disability firm in Chicago called to explain the hearing. We spent 20 minutes on the phone. He told me to arrive at the hearing one hour early and my lawyer would meet me there.
As expected, my lawyer met me at the hearing location. He wasn't at all like the handsome TV lawyer. He was OK but didn't seem to know much about me. After all, he had never met me. We had talked for about 5 minutes when the hearing clerk came out and interrupted us.
"Our 10 o'clock hearing was a no-show," she said. "The judge wants to go ahead and start your hearing right away if possible."
So, having talked to my lawyer for less than 10 minutes, we headed into the hearing, complete strangers....going into a hearing that would determine my financial destiny. I began to wonder if maybe that TV lawyer had let me down.
_________
The moral to this story is to think about it before you call a TV lawyer on a distant 1-800 phone number. You never know who you are calling. Almost certainly, these calls are not answered in Huntsville, and probably not in Alabama. You may be hiring a lawyer 1500 miles away. And you won't meet him/her until a few minutes before your hearing starts. All of your contacts will be by mail or long distance phone calls. If that's what you want, then call the TV guy. However, if you want a local representative with an office here in Huntsville, this may not be your best option. If you want someone who can meet early in the process and get to know before the hearing, maybe a local representative is a better option. (My clients come to my office at least twice before a hearing and they have my personal cell phone number). Certainly, if you want more personal attention to your case, the faraway 1-800 lawyer may not be your first choice.
Ironically, the TV law firm won't even fly one of their lawyers down to Alabama for your hearing. They will call a lawyer in Alabama and contract with him or her to handle the hearing for them. So, you may end up with a local lawyer, just one that you didn't get to choose and never had a chance to meet. The TV lawyer choose a local lawyer for you.
So, why not choose your own local representative?
Tuesday, September 3, 2019
WHAT IS "BURDEN OF PROOF"?
"Burden of proof" refers to who has the responsibility to prove a set of facts in a legal case or claim.
In the Social Security disability process the burden of proof rests upon the claimant during most of the process. In other words, Social Security doesn't have to prove that the claimant is not disabled; the claimant must prove that he is disabled.
In a criminal trial, the accused walks into the courtroom innocent and remains innocent until the prosecution can prove guilt. In a disability case, the claimant walks into a hearing "not disabled" and remains that way until he can prove disability.
There are, of course, rules and regulations that govern how to prove disability. Objective evidence must be submitted to prove that the claimant meets the government's conditions for disability payments.
Nearly every claimant who walks into my office believes that he/she is disabled. Most can articulately describe their impairments and explain passionately why they are not able to work. However, this will not result in a disability benefit.
There is the truth that you know and there is the truth that you can prove. Proof = medical evidence.
It is the job of the claimant's attorney or representative to find and submit the proof of disability. During the appeal hearing, it is the attorney/representative who will direct the judge to the evidence that proves disability.
The representative will have developed a "legal theory" of the case. My client meets the government's requirements for a disability benefit because..... In other words, "Here is what the regulations require and here is the evidence meeting those requirements."
You believe that you are disabled. The big question is: Can you prove it?
_______________
THE FORSYTHE FIRM
Social Security Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call Us: (256) 799-0297
SOCIAL SECURITY JUSTICE STARTS HERE
In the Social Security disability process the burden of proof rests upon the claimant during most of the process. In other words, Social Security doesn't have to prove that the claimant is not disabled; the claimant must prove that he is disabled.
In a criminal trial, the accused walks into the courtroom innocent and remains innocent until the prosecution can prove guilt. In a disability case, the claimant walks into a hearing "not disabled" and remains that way until he can prove disability.
There are, of course, rules and regulations that govern how to prove disability. Objective evidence must be submitted to prove that the claimant meets the government's conditions for disability payments.
Nearly every claimant who walks into my office believes that he/she is disabled. Most can articulately describe their impairments and explain passionately why they are not able to work. However, this will not result in a disability benefit.
There is the truth that you know and there is the truth that you can prove. Proof = medical evidence.
It is the job of the claimant's attorney or representative to find and submit the proof of disability. During the appeal hearing, it is the attorney/representative who will direct the judge to the evidence that proves disability.
The representative will have developed a "legal theory" of the case. My client meets the government's requirements for a disability benefit because..... In other words, "Here is what the regulations require and here is the evidence meeting those requirements."
You believe that you are disabled. The big question is: Can you prove it?
_______________
THE FORSYTHE FIRM
Social Security Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call Us: (256) 799-0297
SOCIAL SECURITY JUSTICE STARTS HERE
Monday, September 2, 2019
WHY LAWYERS MAY NOT AGREE TO REPRESENT YOUR DISABILITY CASE
The decision to represent a claimant in a Social Security disability appeal is a consequential decision. It may have serious financial effects on the attorney or law firm.
Effective representation will involve months or years of legal work. It will also cost a substantial amount of money for expenses. The attorney can't get paid a cent unless the case is won and back payments are also recovered. If these two things never happen, all of the attorney's work has been for free.
Therefore, you can see why attorneys or "representatives" are careful about the cases they sign up to represent.
Here are a few reasons that may cause a claimant difficulty in finding an attorney/representative:
Spending a few minutes with an attorney/representative for an evaluation of your situation can be very valuable. Understanding what will be required to get approved will be very useful. You simply don't get this understanding from the internet or from friends you talk to. Only a professional who has handled many disability cases is qualified to give a realistic opinion of your chances.
Of course, opinions differ from person to person. So, just because one attorney may not agree to represent you doesn't mean another one will not. You may want to speak to more than one.
Effective representation will involve months or years of legal work. It will also cost a substantial amount of money for expenses. The attorney can't get paid a cent unless the case is won and back payments are also recovered. If these two things never happen, all of the attorney's work has been for free.
Therefore, you can see why attorneys or "representatives" are careful about the cases they sign up to represent.
Here are a few reasons that may cause a claimant difficulty in finding an attorney/representative:
- Age of the claimant. It is notoriously difficult to get younger claimants approved (under age 50). Unless there is a severe impairment, it's almost impossible.
- Lack of medical treatment. Disability cases must he proven. The proof lies in medical records and treatment. No treatment, no proof.
- Date Last Insured (DLI) issues. Social Security is federal disability insurance, obtained by working and paying FICA tax through payroll deduction. It expires after a person stops working. If the DLI is "remove," that is, it's in the distant past, it will be difficult to get an award.
- Work after the Alleged Onset Date (AOD). If an individual claims disability as of a certain date, yet continues to work after that date, it is difficult or perhaps impossible to win an SSDI or SSI claim.
- A history of repeated denials. If a claimant has been denied 2 or 3 times already, it may discourage attorneys from signing on to the case.
- Substance Abuse Issues. Claimants with substantial drug or alcohol abuse may have a difficult time with Social Security disability.
Spending a few minutes with an attorney/representative for an evaluation of your situation can be very valuable. Understanding what will be required to get approved will be very useful. You simply don't get this understanding from the internet or from friends you talk to. Only a professional who has handled many disability cases is qualified to give a realistic opinion of your chances.
Of course, opinions differ from person to person. So, just because one attorney may not agree to represent you doesn't mean another one will not. You may want to speak to more than one.
IRS, SOCIAL SECURITY AND TREASURY SCAMS: CRIMINALS...ALL OF THEM
If you have a phone, it is almost guaranteed that you will get a scam call within the next six months. There are many versions of the scam. Many of the calls are by criminals who pose as employees of Social Security, the IRS or the Treasury Department.
You can easily identify these callers as impostors and criminals. If the callers do any of the following, it is a scam:
These criminals use 3 methods you should be aware of:
1. Robo calling. A computer dials thousands of calls per day automatically. When you answer, a person comes on the line and lies to you about who he or she is. These people often (not always) have a heavy foreign accept or seem to have difficulty with changing verb tenses or other use of the English language. A sure tip off. A woman who called me recently pronounced Florida as "Flo-RID-ia," a sure sign she speaks English as a second language.
2. Spoofing. This means the callers invent fake telephone numbers that appear to be local to you. The caller may be in India but his number shows up on your caller ID as a local number, very similar to your own number. This puts you off guard because it seems like a local call. It is not.
3. Phishing. This is where the caller pretends to know who you are but really does not. He or she immediately begins to fish (phish) for information. They will ask you to "verify" your name, Social Security number, address or date of birth. Remember, the callers do not have any of this information. They are depending on you to give it to them. Do not. You can verify that they are phishing with just a few questions of your own. Ask them:
We get calls from our clients every day telling us about scam calls they have received. We want you to be safe. If you get a call you think may be a scam call, hang up immediately. You will never get in trouble by hanging up on one of these calls. You only get in trouble by talking to them. Hang up.
You can easily identify these callers as impostors and criminals. If the callers do any of the following, it is a scam:
- Call to demand immediate payment; no agency will call about taxes owed without first having mailed you a bill.
- Threaten you with arrest, penalties, deportation or other threats.
- Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
- Require you to use a specific payment method for your taxes, such as a prepaid debit card.
- Ask for credit or debit card numbers over the phone, or ask you to wire or transfer money.
- Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying.
- Ask you to verify your name, Social Security number, address or other personal information. (A government agency already has this information. Scammers do not, so they must trick you into giving them the information).
These criminals use 3 methods you should be aware of:
1. Robo calling. A computer dials thousands of calls per day automatically. When you answer, a person comes on the line and lies to you about who he or she is. These people often (not always) have a heavy foreign accept or seem to have difficulty with changing verb tenses or other use of the English language. A sure tip off. A woman who called me recently pronounced Florida as "Flo-RID-ia," a sure sign she speaks English as a second language.
2. Spoofing. This means the callers invent fake telephone numbers that appear to be local to you. The caller may be in India but his number shows up on your caller ID as a local number, very similar to your own number. This puts you off guard because it seems like a local call. It is not.
3. Phishing. This is where the caller pretends to know who you are but really does not. He or she immediately begins to fish (phish) for information. They will ask you to "verify" your name, Social Security number, address or date of birth. Remember, the callers do not have any of this information. They are depending on you to give it to them. Do not. You can verify that they are phishing with just a few questions of your own. Ask them:
- How do you show my name on the account? (They don't)
- What do you show as my home address? (They don't know).
- Give me the Social Security number you are calling about? (They can't).
We get calls from our clients every day telling us about scam calls they have received. We want you to be safe. If you get a call you think may be a scam call, hang up immediately. You will never get in trouble by hanging up on one of these calls. You only get in trouble by talking to them. Hang up.
Friday, December 7, 2018
NEED DISABIILTY BENEFITS IN ALABAMA? YOU GOTTA HAVE A PLAN!
Having a plan or strategy is very important to winning your Social Security disability appeal.
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. That's worth paying the attorney/representative a fee when your case is successful.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.
- Is this claimant insured for benefits?
- What kind of past work did the claimant do?
- Does he or she meet a Listing or grid rule?
- Are there any transferable skills?
- Does the medical record support the alleged onset date? If so, where?
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. That's worth paying the attorney/representative a fee when your case is successful.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Monday, March 19, 2018
WHY SOCIAL SECURITY MAY IGNORE YOUR DOCTOR'S OPINION ABOUT DISABILITY
You
have a Social Security hearing coming up on your disability claim. You
approach your doctor about filling out a form to support your claim.
The doctor is busy but offers to give you a letter, instead. Here's an
example of a doctor's letter:
"Mr. Joe Claimant has been a patient of mine for over 20 years. He suffers from back pain, migraine headaches, high cholesterol, high blood pressure and depression. In my opinion, Mr. Claimant is not able to work and is fully disabled." Signed [John M. Doctor, MD].
Why Social Security judges will probably ignore this letter?
The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law. (20 CFR 404.1527).
Doctors are not permitted to decide who is disabled under the federal regulations. The fact that your doctor believes you are disabled is not dispositive.
It would be far better if your doctor specified why you cannot work. For example, if he provided your restrictions on such activities as sitting, standing, walking, bending, lifting, crawling, kneeling, crouching, paying attention, remembering, etc. Doctors are permitted to assess your individual functional limitations, but not to draw conclusions about whether you are disabled.
There is a form that I like to use for doctors. It's called a Medical Source Statement. Some people call it a Residual Functional Capacity form. It nearly always carries more weight with Social Security decision makers, especially judges, than letters do. The reason is obvious: the form keeps doctors away from drawing conclusions and allows them to estimate functional restrictions, according to Social Security regulations.
I will provide this form free to anyone requesting it.
___________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
"Mr. Joe Claimant has been a patient of mine for over 20 years. He suffers from back pain, migraine headaches, high cholesterol, high blood pressure and depression. In my opinion, Mr. Claimant is not able to work and is fully disabled." Signed [John M. Doctor, MD].
Why Social Security judges will probably ignore this letter?
The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law. (20 CFR 404.1527).
Doctors are not permitted to decide who is disabled under the federal regulations. The fact that your doctor believes you are disabled is not dispositive.
It would be far better if your doctor specified why you cannot work. For example, if he provided your restrictions on such activities as sitting, standing, walking, bending, lifting, crawling, kneeling, crouching, paying attention, remembering, etc. Doctors are permitted to assess your individual functional limitations, but not to draw conclusions about whether you are disabled.
There is a form that I like to use for doctors. It's called a Medical Source Statement. Some people call it a Residual Functional Capacity form. It nearly always carries more weight with Social Security decision makers, especially judges, than letters do. The reason is obvious: the form keeps doctors away from drawing conclusions and allows them to estimate functional restrictions, according to Social Security regulations.
I will provide this form free to anyone requesting it.
___________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
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