DISABILITY BENEFIT RECOVERY

If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why? Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity).

The following chart shows Social Security disability award (approval) rates at various stages of review:    Award rates are down at all levels.  Here is how awards by administrative law judges (hearings) have taken a free fall since 2010.  Award rates by year: 2010    62% 2011    58% 2012    53% 2013    48% 2014    45% 2015    42%* No one knows why the award rates bottomed out or if the free fall is over.  The usual suspects are Congressional pressure and corrupt media coverage. ---------------- 2015 rates are estimated.  

The media lies constantly about the Social Security disability program.  I expect the media to lie; however, it is making it difficult for disabled Americans go get benefits.  Here are some of the wors t lies the media is telling us.     Social Security benefits are responsible for the growing national deficit. The truth:  Social Security benefits are not included in the national budget.  Social Security is a self-financing program.  Benefits are not allocated by Congress and not included in the national budget.  Social Security benefits are funded by FICA taxes paid by workers, deducted from their pay checks and matched by their employers.  These premiums go into a special fund and benefits are paid out of the fund.  There is one fund for disability benefits and a separate fund for retirement benefits.  There is no provision for the government to pay benefits if these funds become unable to do so. People are using Social Security disability benefits to replace unemployment bene

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

  CONGRESSIONAL BUDGET OFFICE REPORT:  MAKE SOCIAL SECURITY HARDER TO GET? At the request of Senator Jeff Sessions (R-AL), the Congressional Budget Office issued a report on July 16 (2012)  titled "Policy Options for the Social Security Disability Program." One section concerns approaches to "fundamental changes" in the Social Security Disability Insurance Program (SSDI).  The CBO report takes note of the tremendous growth of the disability program since 1970. What is troubling to me is that politicians are looking at "fundamental changes" in SSDI in light of projected budgetary shortfalls and a recent barrage of media reports concerning the Social Security disability program, some of which contained false, misleading or inaccurate information. 3 of the specific options presented in the CBO report are especially troubling: Change the benefit formula Change the eligibility rules Change the waiting period from 5 months to 12 mon

No. 4 in a series about Social Security disability hearings. What Is the Order of Events in a Hearing? Judges will usually start by introducing themselves and each other person in the hearing room.  Then, they will give a brief recitation of why the hearing is taking place and explain the hearing procedure.  Then, the judge will administer the oath to the claimant and vocational witness, usually at the same time. The judge may question you first.  Then, the judge will permit your representative to question you.  The purpose of the representative's questions is to emphasize the favorable facts of the case and to bring out the nature and severity of your symptoms and why you would have difficulty performing work activities.  I recommend that you assume the judge doesn't know much about your case, so you will explain everything.  In giving testimony (answer questions by the judge or by your representative), keep the following points in mind: Tell the complete truth.  Failu

No. 3 of a series about Social Security disability hearings. Who Participates in a Disability Hearing? There are generally 5 individuals present at a Social Security disability hearing:  the claimant, the claimant's representative, an administrative law judge, a vocational witness and a court reporter.  Let's briefly discuss each person's role in the hearing. The Administrative Law Judge (ALJ) The person who presides over a hearing is a US administrative law judge (ALJ).  While the hearing is informal (you are not required to stand when the judge enters the room; the judge may or may not wear a robe) - you should give the judge the same respect you would give a court judge.  You may address the judge with either "Your Honor" or "Yes Sir" or "Yes, M'am."  The judge is a fact finder and expediter.  The judge will listen to testimony, review all the evidence and give a new independent decision about whether you are entitled to benefits

No. 2 in a series about Social Security disability hearings. THE DISABILITY HEARING ROOM The hearing room is usually just a small conference room.  Some recent renovations have tried to make hearing rooms look a little more like courtrooms but generally they do not. There will be a conference table with 2 or 3 computers on it.  The claimant does not have a computer but the attorney/representative, the reporter and the vocational witness will have one.  The judge will have a desk on a small riser that is slightly above the table where you will sit.  Your representative will sit beside you. You will speak into a microphone to make a voice recording of everything you say.  Each other participant will also be recorded for the record.  It is important to speak clearly and loud enough for your voice to be picked up by the recording equipment.  Nodding or shaking your head, of course, is not recorded, so be sure to give spoken answers.   "Yes" and "No" are much bet

No. 1 in a series of articles about Social Security disability hearings. PREPARING FOR A SOCIAL SECURITY DISABILITY HEARING Arrive Early. Unless your representative asks you to be at the hearing office at a specific time, arrive at least 30 minutes early.  The judge will expect you to be ready on time and will not delay the hearing if you are late.  There may be some preliminaries to deal with, so arriving half an hour early is advisable. What to Wear Dress neat and comfortably.  Do not wear a suit or dress like it's Easter Sunday.  Within reason, wear what is comfortable and appropriate to the season.  Note that hats or caps are now allowed to be worn inside the hearing room. Turn off Your Cell Phone You may bring a cell phone but be sure it turned off (not just to mute) before you go into the hearing.   Don't Talk About Your Disability Don't discuss your disability, your claim or the hearing with persons in the waiting room.  Social Security employees ar

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

If you are a disabled veteran with a 70 percent or higher VA disability rating, there is an excellent chance you may also qualify for Social Security disability benefits.  The Social Security process is totally separate from the VA process, however a high VA disability rating only helps your Social Security claim. Because of the similarity between a VA finding of unemployability and what it means to be disabled under the Social Security disability program, it is the rule in many federal circuit courts that VA disability ratings are entitled to “great weight.” (See McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002); Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Brady v. Heckler, 724 F.2d 914, 921 (11th Cir. 1984); and De Loatche v. Heckler, 715 F.2d 148, 150 n.1 (4th Cir. 1983).) And one circuit court said that VA disability ratings were entitled to “substantial weight.” (Kane v. Heckler, 776 F.2d 1130, 1135 (3d Cir. 1985).) In addition, Social Security Ruling 0

In Social Security disability cases, decision makers will often deny a claim on the supposition that the claimant can still perform unskilled, sedentary work -- the easiest type of work from both a physical and mental perspective.  While unskilled, sedentary jobs are rare in the US economy, some vocational experts will argue that a few of them exist.   Examples of such unskilled sedentary work might be a surveillance system monitor or a document preparer. All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined in the federal re gulations by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting. The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskil