DISABILITY BENEFIT RECOVERY

It is possible to apply for Social Security disability yourself.  You may do so by visiting any Social Security field office, by visiting their website at www.socialsecurity.gov or by calling them at 1-800-772-1213. Do you need a Social Security advocate or representative to help you?  If you ask the Social Security office that question, they are instructed to answer, "No."  They will tell you that they can provide you with all of the forms and information you need to file a claim yourself, which is true. If you ask the Social Security office, "Are my chances better if I have an attorney or advocate helping me," they have been trained to say, "We can't answer that question." The truth is that your odds of getting approved are better if you have representation.   Consider what happens if you file your claim and get denied.  What harm has been done? You have wasted months and perhaps years of your time.  It takes about 4 months to get the init

A listing is a medical impairment that is so severe that Social Security will recognize it as disabling and award benefits if you meet the severity described in the listing.  The listings technically are Part 404, Subpart P, Appendix I of the 20 Code of Federal Regulations. Diseases or impairments are divided into 14 body systems.  For example, section 1.00 covers the musculoskeletal system and describes such impairments as bone fractures, herniated discs, spinal stenosis, etc.  Section 2.00 deals with the special senses, including vision and speech disorders. The last section, 14, covers the immune system. If an individual has one of the listed impairments that meets or equals the level of severity described in the listings, Social Security will award disability benefits.   Must you meet one of the listings to be eligible for disability benefits?  No, you do not.  In fact, most individuals who get Social Security disability do not meet a listing.  Even if you do not meet a listi

If your Social Security disability claim is denied (75% are), you must file an appeal within 60 days of the denial. In Alabama and the other 9 prototype states, you request a hearing.  This must be done within 60 days of receiving the denial notice (you may add 5 additional days for mailing time).  Appeals must be requested in writing; phone calls do not preserve your rights.  The request for a hearing should be addressed to your local Social Security office and must include your name, Social Security number and address.  The request should have the current date written on it.  Be sure to keep a copy for your file. If your request was filed in a timely manner (within the 65 days allowed), you will eventually be scheduled for a hearing before a US administrative law judge (ALJ).  The waiting time go get a hearing averages around 13 months because of the current backlog. Requesting the hearing is the easy part.  Preparing to present the medical and vocational evidence required to w

As a conservative, I have long been in favor of a balanced federal budget and reduction in federal spending.  Like most conservatives, I have had my share of disappointments in both Democratic and Republican administrations over my lifetime. Sometimes I am asked how I can be a fiscal conservative and yet support the Social Security programs, which spend trillions of dollars.  My answer may surprise you. Social Security is not funded by money from the US Treasury. It is a self-financing program. Social Security benefits are paid for by specific taxes placed on working Americans and their employers, starting in 1935 for the retirement program and in 1956 for the disability program.  168 million US workers pay 6.2% of the first $118,500 of their annual earnings into the FICA trust funds.  Employers match that with another 6.4% mandatory tax.  Self-employed workers pay the entire 12.4% themselves. Spending for Social Security benefits comes out of two separate trust funds:  the retir

 " Members of Congress take absolutely no responsibility for what is happening to Social Security.  It is easier to blame it on somebody else, including the disabled or dishonest lawyers, or anyone else." In 2014, administrative law judges, who work for the Social Security Administration, denied 52 percent of disability cases that came before them.  That is the highest denial rate in the history of  the Social Security program which began in 1955. Congress is clearly to blame.  Congress has repeatedly sent clear messages that it believes the Social Security disability program is out of control, spending too much money and needs to be reigned in.  The political message to Social Security's judges is:  Cut awards, pay out less money!  When told that the Social Security trust fund would become insolvent in 2016 and be unable to pay full disability benefits to millions of Americans, Congress refused to act.   If you watch or read the transcripts of recent hearings t

Unfortunately, there is a great deal of misinformation (myths) about how Social Security decides disability claims at the hearing level. These pieces of bad information are a disservice to claimants who need the survival safety net of Social Security disability benefits. There are too many myths to cover here; however, I will list a few and share just a few brief comments about each one. MYTH :  Social Security will approve my benefits if I prove that I can no longer perform any of my past work.  False.  This is a "step 4" finding and then you must move to step 5.  At step 5 you must also prove that you cannot perform any other work which exists in the national economy.  This includes jobs like silverware wrapper, garment tagger, ticket seller, worm catcher, etc. MYTH :  I will be approved if I can show that nobody would hire me for any kind of job.  False.  Whether or not you would be hired is not considered by Social Security.  The inability to find a job is considere

At the 5th and final step of Social Security's decision making process, they must consider whether you would be able to perform any other work that exists in significant numbers in the national or regional economy.  If they find that you would be able to perform any other work (besides your past work), you will be found not disabled and denied benefits. Factors that Social Security must consider at step 5 include:  age, education, past work and skills gained from that work, and your residual function capacity. Factors that Social Security will not consider at Step 5 include: There are no openings for these jobs because the economy is weak. No one will actually hire you for one of these jobs. You wouldn't know where to begin looking for one of the jobs. You don't want to do any of that type of work. You don't have a license or certificate for that type of work (It has expired). There are none of these jobs in your hometown or the county you live in.   Getting

At step 4 of Social Security's process to determine if you meet their rules for disability, they must consider whether you can perform any of your past work.  This determination is based strictly on whether you are physically and/or mentally able to do any of your past work.  Social Security will not consider such factors as whether you would actually be hired for one of your past jobs whether you still have a license or certificate to do that kind of work the fact that there no openings for that kind of work the fact that you no longer wish to do that type of work or that getting one of those jobs would require a relocation  If Social Security finds that you are physically and mentally able to perform any one of your past relevant jobs, you will be found not disabled and denied benefits.  This is called a "Step 4 Denial." The medical record is the key to proving that you are not able to perform past relevant work.  Social Security decisions must be made on &q

At the end of each fiscal year, the US Social Security Administration releases pertinent statistics about their disability program for that year.  Here is what we glean from the 2014 fiscal year at Social Security.   Your initial application has a 32% chance of being approved (only 27% in Alabama). You have a 45% chance of winning your hearing before an administrative law judge. The Appeals Council approves 1% for payment and returns 14% back to the judge for more consideration. Federal District Courts award 2%, return 43% to the administrative judge, deny 47%, dismiss 8%. The 45% award rate at the hearing level is the lowest in the history of the Social Security disability program.  Across the nation, lawyers, advocates and organizations are scratching our collective heads, trying to figure out why awards are so low.  Theories differ.  What we all agree on is that "Social Security disability is a tough nut to crack." As you review the 2014 averages, keep in mind th