TIPS FOR GETTING SOCIAL SECURITY DISABILITY

Social Security is notorious for denying applications for disability benefits.  Some tips that may help you avoid a denial....

1)  Get your doctor on board.  Ask him or her if you are sick enough to be disabled.  If he says yes, ask him to complete a Medical Source Statement that details why you can't hold a full-time job.  Submit this with your application.

2)  Complete all of the tedious forms that Social Security will mail you after you file the application for benefits.  Fill out these forms accurately and completely without skipping answers or pages.

3)  Remember that Social Security bases approvals more on restrictions in work activity than they do on illnesses or conditions.  For instance, having cancer that requires radiation may or may not be disabling under Social Security rules.  However, the symptoms of fatigue, pain, or difficulty maintaining concentration, persistence or pace may clearly be disabling under their rules.  Likewise, requiring 2 or 3 extra ten-minute breaks per day or being absent from work more than twice per month on a regular basis could be disabling.  Try to explain your impairment in terms of how they would affect your work.  Also, when you describe symptoms, think in terms of severity, frequency and consequences.  Not just "I have headaches," but "I have severe headaches 3 or 4 times per week that require me to lie down in a dark room for several hours."

4)  Be sure you are getting and following medical treatment for your impairments before you file for Social Security.  The law requires Social Security to document a claimant's symptoms using "medical determinable, objective medical evidence."  This means, doctors or other acceptable medical sources must provide objective evidence that you have severe impairments that could cause the symptoms you describe as disabling.  If an applicant claims disability because of back pain but there are no X-rays, MRIs or other tests showing a reasonable cause for back pain, Social Security will likely not approve a claim.

5)  Keep in mind that applying for disability and being denied are just the first, initial steps.  The next and most important steps are to file an appeal, appear before an administrative law judge at a hearing and prove your case. Most claims that get paid are the ones that appeal a denial and have benefits awarded by a judge.  That isn't the exception, it's the rule.

An attorney or qualified non-attorney representative can make all the difference in your appeal.  These professionals have learned the laws, regulations and procedures used by the Social Security Administration.  They have passed rigorous examinations in the area of Social Security disability law and have gained years of practical experience appearing before US administrative law judges on behalf of claimants.

Occasionally, a claimant will appear at a hearing without representation.  The judge will usually advise the claimant to seek counsel and will postpone the hearing until a representative can be appointed.  If representation has been obtained early in the process, there is an advantage because the representative has had time to prepare the case, study the claim and present evidence to support an award (payment).

          "Most claims that get paid are the ones that appeal a  denial and have benefits awarded by a judge.  That isn't the exception, it's the rule.  If you give up without an appeal, you lose--it's just that simple"

The Forsythe Firm
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
PHONE (256) 799-02978







 

SOCIAL SECURITY MYTHS AND URBAN LEGANDS

MYTH # 1 -  You can get Social Security disability benefits, even if you never worked a day in your entire life.

Pretty much a myth, since Social Security's Title 2 benefits are based on the claimant's work history and payroll deductions. Most people need 22 quarters of work coverage during the past 10 year period to be eligible to apply for disability benefits.  A person may get SSI (Title 16) benefits without ever working, but that's a different program.  Also, a widow, widower, child or other dependent may receive disability benefits from another worker's earnings record, such as a spouse, parent, etc.

MYTH # 2 - I am disabled and could get Social Security disabiilty, except I have money in my savings account which disqualifies me.

Savings or other resources will not prevent a person from receiving SSDI, also called Title 2 benefits. SSDI is not means tested. SSI (Title 16) is another matter.  

MYTH # 3 - My neighbor gets disability benefits and there is absolutely nothing wrong with him.  He just lied on his application.

We're not saying that this has never happened.  However, Social Security doesn't take anyone's word for being disabled.  They required objective medical evidence furnished by a qualified doctor.  Usually, they will require such evidence as X-rays, CT scans, MRI reports, laboratory findings, etc.  They may also send the applicant for an examination by a Social Security doctor, called a consultative exam.  If the medical evidence is less than convincing, the usual course is to deny benefits.  Rather than approving persons who are in no way eligible for benefits, my experience is just the opposite.  They examine, screen, question, cross examine and then deny applicants who are disabled and make them appeal one to three times before finally paying them, if they ever do.  

MYTH # 4 - The Social Security Administration spends millions of dollars each year to pay the fees of attorneys who represent disabled claimants.

Actually, Social Security does not pay attorney's fees.  The claimant hires his own attorney and pays the fee.  Social Security does have a program in which they will withhold the attorney's fee from  the claimant's back pay benefit and pay the attorney.  However, this comes out of the claimant's money.  Social Security even charges the attorney a service fee of 6.3 percent for the withholding service. Social Security bears no expense for services provided by the claimant's attorney or representative.

 

WHY JUDGES OVERRULE SSDI DENIALS AND PAY THE CLAIMANT

Erroneous denials of Social Security disability claims can only be corrected by an administrative law judge.  When Social Security wrongly denies your disability claim, you appeal and request a hearing.  At the hearing, Social Security often cannot justify their denial and the judge awards benefits, including past due payments that should have been paid earlier.

There are many reasons why judges rule in favor of the claimants and against Social Security.  A few of the top reasons include the following:

1)  Social Security based their denial on the opinion of someone who is not a doctor or medical expert.  These people are often called "single decision makers" or SDMs.

2)  Social Security based their denial on the opinion of a doctor who has never met or examined the claimant.  These are doctors who work at the Disability Determination Service in Birmingham and they never meet the claimant.  Their opinions are open to challenge.

3)  Social Security based their denial on the medical opinion of a doctor who only performed a one-time examination.  The claimant may have been examined by a consultative doctor, one time.  However, this limits the doctor to discovering all the claimant's symptoms and concluding how severe they are--in just one brief examination.  This contrasts with the opinion of the claimant's regular treating physician, who may have examined the claimant a hundred times.

4)  Social Security did not have all the facts, ignored certain facts, or made one of a thousand other errors when they denied the claim.  A judge may look at the claim with a fresh pair of eyes and recognize the mistakes that led to a denial of benefits.

Never, ever assume that Social Security got your decision right.  Always assume it is wrong.  If you did not get your benefits, get a professional to represent you and appeal RIGHT NOW.  (You only have 60 days to file the appeal).  Chances are, the denial is not correct and can be overturned.  The appeal will NOT cost you any money upfront, nor will it cost anything if you lose.  Any fee your attorney charges you can only be paid out of past due benefits collected on your behalf.  If there are no past due benefits, there is no fee.  

The Forsythe Firm in Huntsville, AL specializes in Social Security disability claims, applications and appeals.  Free consultations by calling (256) 799-0297

SOCIAL SECURITY DISABILITY - DENIED IN ERROR

You fought the idea of filing a Social Security disability claim.  You even lied to yourself and promised that soon you'd be able to go back to work.  Filing the claim seemed to violate every principle you've lived by:  hard work, self-reliance, independence, being there for others.

Finally, you go online and file the claim.  It's a lot more complicated than you imagined.  Where did they get so many long, tedious forms and questionnaires?  But you plow through it all and feel a sense of relief that you've finally done it!

You wait almost 4 months.  You become weary of just checking the mailbox.  There are always bills, but no word from Social Security.  Finally, you call the Social Security office and hold for 10 minutes.  A proper and uncaring voice finally tells you that your application is still in process and you just have to wait some more.  No, she does not know how much longer it will be.

Weeks later, it arrives.  An envelope from the Social Security Administration.  It's postmarked Baltimore, MD.  Your heart rate peaks and there is a tinge of anxiety as you walk about into the house, slowly tearing open the envelope.  

You begin to read what appears to be a form letter with your name and address typed onto the first page.  As you read the words, "You are not entitled to Social Security disability payments.  This is because we have determined that you are not disabled according to our rules..."

You read the letter again.  It must be a mistake.  But it's not.  Shock is your first reaction.  How could they do this to me?  What am I supposed to do now?  Anger follows, then fear.  The fear of not knowing where to turn, how to survive.  It happens to almost a million persons a year!

Social Security denies over two-thirds of disability applications.  A high percentage of those denials are made in error, for one reason or another.  In the appeal process, an administrative law judge will frequently overturn the denials and pay the claim.  However, the appeal can take months or years.  And you must request the appeal in writing within 60 days.

After 20 years of representing Social Security disability claimants who have faced denial letters, I think I've learned a little about how they feel.  My proudest moments?  When I call one of those denied claimants and say, "Hey guess what?  Your disability benefits have been approved and they're paying you back to the date you first became disabled!"

If you or a loved one needs some help with a denied Social Security disability claim, I'd love to talk to you.  There is absolutely no charge for any service I provide unless you win and receive your back pay.  By the way, my only area of practice is Social Security disability.

(256) 799-0297          Huntsville, AL