DISABILITY BENEFIT RECOVERY

At a recent conference the speaker asked this thought provoking question:  "What is the most important evidence you can present at a Social Security disability hearing?" As in a multiple choice exam, the possible answers were the claimant's medical condition the claimant's past job history the claimant's residual function capacity the claimant's vocational evidence All of the above are certainly important.  You can't expect to win a disability hearing without proving that the claimant has a serious impairment.  The other three answers are also obviously important.  But the speaker made a convincing argument that 4, vocational evidence, is the correct choice. He went on to say that vocational evidence is too often ignored by claimants representatives, who tend to focus strictly on medical evidence - proving that their client has this disease or that condition - when more emphasis should be placed on how the impairment affects the claimant's...

At the request of Senator Jeff Sessions (R-AL), the Congressional Budget Office issued a report on July 16 titled "Policy Options for the Social Security Disability Program."  While some of the sub-topics in the report are quite routine, 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 months In my view, implementation of either...

Adverse or negative testimony in a Social Security disability hearing will usually be presented, if at all, by the vocational expert (VE).  Vocational experts are said to testify at just over 60 percent of disability hearings.  I don't know who set that number but I have never had a hearing where a VE was not present - not one. The "expert" will testify at sequential step 4 and/or step 5 of the hearing.  At step 4, the VE will be asked to determine if the claimant can perform any of his/her past relevant work.  If not, the hearing progresses to step 5, where the VE is asked whether there is any other work in the national economy that the claimant might be able to do.  A "yes" answer at either step is bad juju for a Social Security disability claimant.  The job of the advocate, attorney or representative is to rebut the VE's testimony--if it was adverse--and thereby reassert that the claimant is disabled to work.  Questions that may be asked of the v...

I just returned from a Social Security disability hearing. The medical records were excellent. They were neatly typewritten from the doctor's transcription, so they were easy to read. They were complete, thorough, very detailed. They were actually the kind of medical records most disability advocates only dream about. Rarely do we get such good and complete records from doctors. The hearing judge had obviously looked over the file before the hearing began. He asked the claimant a few questions, then allowed me to question the claimant without interruption for about 20 minutes. I used that time to make the evidence of record personal to the individual I was representing. The claimant's testimony was convincing and consistent with what the medical records said. The problem came, as it usually does, with the vocational expert. When the judge asked the VE if there was any work that the claimant could perform, the VE found examples of 3 or 4 jobs at the sedentary level....

According to Social Security Commissioner Michael Astrue, in remarks he made to the US Senate Finance Committee, changes are ahead for Social Security.  "We are struggling," Commissioner Astrue said, "to maintain recent levels of service." Social Security funding has not kept up with increased demands.  For example, retirement and survivor's claims are up 26 percent since 2007.  Disability claims are up more than 30 percent for the same period.  Yet, the level of service provided by Social Security to claimants and the public is declining - even as a dedicated workforce tries to do more with less resources. Callers to the national Social Security service center (1-800-772-1213) averaged  waiting 185 seconds in 2011.  In 2012, the wait time is expected to average 285 seconds.  Busy signals greeted callers only 3 percent of the time in 2011 but will double to 6 percent in 2012, Astrue says. Social Security is losing staff due to attrition at an ala...

In 2008, the National Academy of Social Insurance estimated the value of an approved disability claim at $414,000.  And this number only considers the value of cash benefits; it does not include such benefits as Medicare. This reinforces the idea that claimants should fight hard to win legitimate Social Security disability claims. There is a great deal of money at stake.   More importantly, the entire financial future of many claimants is at stake. Is it worth paying a representative a relatively small fee out of your back benefits?  Look at that number again - $414,000 - and do the math.  Keep in mind, the total representative's fee is currently capped at $6,000.  The average fee will come in well under that amount. www.forsythefirm.com

Most people who file a Social Security disability claim end up hiring professional representation. Many claimants will wait until after their application has been denied to hire a representative.  Looking at that practice from the standpoint of fees or cost to the claimant, however, calls the practice into question. Since a representative cannot charge a feel until after  a claim has been won, and since he/she can only charge a fee based on recovery of back payments , the odds are that the fee won't vary a great deal, regardless of when the representative was hired.  The big difference is how much help the representative can be to the claimant.   If he or she can help get the claim approved in the initial stage, it avoids the need for an appeal and therefore reduces the fee drastically.  So I'm not so sure that delaying in appointing representation saves money.  In the long run, it may cost more money. In Alabama over 70 percent of Social Security ...

Past work experience plays a major role in Social Security disability cases.  First, it is necessary to prove that the claimant cannot perform any past relevant work.  Also, it is important to determine whether the claimant has any transferable skills that were learned at past jobs. Age in combination with education and skills will be used by vocational witnesses to determine whether a claimant is disabled.  As age increases, it becomes less likely that unskilled workers will be judged able to perform any of their past work or any other work, therefore, making a finding of "disabled" a great deal more probable than for a younger worker. Paragraph d of Grid Rule 201.00 reads:  "the adversity of functional restrictions to sedentary work at advanced age (55 or over) - for individuals with no relevant past work or who can no longer perform vocationally relevant past work and have no transferable skills, warrants a finding of disabled in the absence of the rare situat...

For mental disorders in childen Social Security disability cosiders functional restrictions in the areas of motor function, cognitive/communicative function, social function, personal function; and the areas of concentration, persistence and pace.  Levels of functional severity may be documented in one of two ways:  (1) by use of appropriate standardized tests, or (2) use of other medical findings from a clinical psychologist or physician.  Social Security prefers standardized tests when such methods are available. The ranges of function used to assess impairments in children varies at different ages.  For example, in older infants and toddlers up to age 3, severity of impairment is measured in 3 areas:  motor development, cognitive/communicative function, and social function. "Age appropriate function" is a general gage against which the child's impairment(s) may be measured. If you have a child that you believe may qualify for disability benefits under t...

Social Security disability representation is by nature a personal issue.  In essence, it is not about cases , it is about lives .  That's why I emphasize the importance of finding a local advocate to assist you with your Social Security disability claim. The disability claim process is likely to be a long one, lasting months or perhaps years.  Most people applying for disability benefits are making a very difficult transition, possibly the most difficult of their lives.  If I were looking for a representative or advocate, here are some things I would consider, in addition to basic competency and skills: Can I meet my advocate right away? May I sit down with him/her and discuss the merits of my case? Will he or she be available personally to take my calls or answer my questions? Will the person I deal with today be the same person who shows up at my hearing? Does my advocate have time to properly invest in my claim? At the Forsythe Firm in Huntsv...