DISABILITY BENEFIT RECOVERY

For years, fibromyalgia was a little understood disorder and some Social Security judges did not consider it to be a "medically determinable impairment," for purposes of disability benefits.  Judges often ruled that disability could not be established merely on the basis of symptoms and that a medically determinable impairment must be deomonstrated by medical signs and laboratory findings.  There is no laboratory test for fibromyalgia.  It is usually diagnosed by exclusion of other disorders and by locating tender "trigger points."  Many Social Security adjudicators simply did not believe that the disease existed - or if it did - it was not severe enough to cause disability. In July 2012 Social Security issued Ruling SSR 12-2p on fibromyalgia.  This ruling states that fibromyalgia may be a medically determinable impairment when established by appropriate medical evidence and it can be the basis for a finding of disability.  Social Security has i...

The one certain thing about a Social Security disability hearing is that nothing is certain.  I've seen disability hearings fall apart and I've heard all the horror stories from other advocates.  We all have one or two.  That brings to mind some excellent advice that an attorney recently shared at a Social Security disability conference. His advice was, essentially, have a plan, have a back up plan, and have a third plan ready.  That is really the best way to approach a hearing.  Go in with a logical theory about how the claimant is disabled under Social Security law.  But don't put everything at stake with only that one theory.  Have a second plausible theory ready and waiting.  Finally, have a third theory to explain why the claimant cannot work. My experience has been that hearings usually go well at steps 1, 2 and 3.  Step 1, is the claimant working?  That's easy.  Step 2, does the claimant have a severe impairment?  Th...

At our Social Security disability practice, we receive many inquiries about getting disability benefits for Epilepsy.  It is possible to obtain disability benefits for Epilepsy but Social Security does have some rather restrictive guidelines. As a brief overview, Social Security takes the view that Epilepsy can usually be controlled with medications.  When this is the case, they do not consider it to be disabling.  Unfortunately, Social Security is convinced that most cases of Epilepsy that are not controlled is due to the patient's failure to follow prescribed treatment.  It seems that alcohol abuse is often associated with lack of control, and when that is not the case, it is an unfortunate stigma that must be overcome for the benefit of legitimate cases. As to particulars, here is generally what Social Security needs to see in a case involving Epilepsy. The claimant is not working at the level of substantial gainful activity (which, in 2012, means earning ...

Social Security has published its disability award rates for fiscal year 2011, which are the latest data available.  The odds are certainly not getting better, according to these numbers.  I am using the term "award" to mean that the benefit was approved as applied for at the application or reconsideration level.  "Reconsideration" does NOT refer to the hearing.  Forty states have a reconsideration process which comes after the initial denial but before the hearing process.  Alabama, where I practice, does not have a reconsideration process; applicants who are denied may go directly to the hearing process.  Tennessee, however, requires a reconsideration before you may request a hearing. Here are the latest numbers for the USA and for 3 southeastern states, near my geographical area of practice. USA/NATIONAL :   33.5 percent were awarded at the initial (application) level and 11.6 percent at the reconsideration level.  (Remember,...

Vocational evidence in a Social Security disability case is to be ignored or minimized at your own peril.  I think sometimes so much emphasis is placed on medical evidence that the vocational evidence is neglected.  Here are examples of what is meant by "vocational evidence." What is your level of education and training? What kind of work have you done for the last 15 years? How was the past work categorized:  skilled, semi-skilled or unskilled? What is your exertional level:  sedentary, light, medium, heavy or very heavy? What kind of jobs, if any, are you still able to perform? Those things are important because of the very definition of the word  disability  used by Social Security.  Under Social Security law, you are disabled if you have a serious medically determinable impairment that keeps you from working, or is expected to keep you from working for 12 months or more--or is expected to end in death. In a nutshell, if Social Securit...

Quite often I encounter discouraged and frustrated individuals who are disabled, have no income or means of support - and yet they have been wrongly denied Social Security disability benefits.  Yes, many deserving people are denied disability benefits after they've paid into the system for much of their lives.  Who corrects these mistakes? The answer is - a judge.  Social Security has its own appeal system which works pretty well if used properly.  A United States (federal) judge, called an administrative law judge, will look at your case on appeal.  This judge is not bound by any previous decisions on your case.  He or she can look at the evidence and make a completely new decision.  You also have the right to appear in person with your representative and explain your case.  Quite often the judge will agree with you.  If so you will get a new decision which may be much more favorable or even totally favorable to you. Here is a key point ...

Back trouble is one of the leading causes of disability.  It comes in many forms, including degenerative disc disease caused by arthritis, osteoarthritis, bulging  or herniated discs, stenosis of the nerve canal or a variety of other back related problems.  Back pain can also affect the use of upper and lower extremities and severely limit the ability to lift, bend, reach, stoop, walk or even to sit for prolonged periods. Social Security recognizes serious back disorders as disabling conditions and with the proper evidence may award disability benefits - including back pay (no pun intended). An experienced disability expert may be able to help you file a disability claim or appeal a claim that was recently denied.  Preparing evidence for a  Social Security disability claim  can be a complicated and time consuming chore.   A professional firm such as  the Forsythe Firm of Huntsville AL  will offer free consultations and represent qualified...

The past 18 months have brought a rapid change in the Social Security disability environment.  Award rates among US administrative law judges have fallen dramatically since the last quarter of fiscal year 2010.  Judges that once averaged 60 percent favorable decisions may now average 40 percent or less.  That is a drastic change.  The result is very simple - it is now more difficult to get Social Security disability benefits.  If a case is borderline it is probably going to be denied, whereas a year ago the same case might well have been awarded.  What's to blame to this downturn in Social Security disability awards?  Everyone has a theory, so here is mine. First, I think there is a psychological impact of being told day in and day out that the Social Security trust funds are going broke.  The latest projection now gives the disability trust fund only until 2016 before it starts paying out more than it brings in.  In other words, by 2016 th...

Becoming disabled can be a life-changing experience!  Getting Social Security disability benefits can also be life-changing - in a real but better way! Disability is something most people are not prepared for.  The loss of income, independence, ability to perform activities of daily living, the worry and anxiety - for most people it can be one of the most trying days of their entire life.  One of my clients described it as "the world turned upside down." After waiting months or even years for a Social Security determination, there is tremendous relief when a claimant finally hears that benefits have been approved.  Hopefully, there will be back pay in a lump sum that will help catch up bills and essentials of life.  And there is the certainty of a monthly income each month - though it may not be enough.  I think for many individuals this helps demonstrate that "there is life after a disability."   My firm works hard for each and every client. ...

Some people are surprised to learn that under some conditions you can work and still be eligible for Social Security disability benefits.  Let me briefly touch on three situations where work will not disqualify an individual for SS disability. One, if the work is not enough to be "substantial gainful activity" (SGA).  In 2012, SGA is defined as gross earnings of $1,010 per month or more.  If you earn less than SGA, you may still be eligible for Social Security disability.  An example would be working part-time or on a very irregular basis. Two, if the work is subsidized.  That means that someone is giving you a job just to help you out, but they would not pay someone else to perform the work that you are doing.  Here is an example of subsidized work.  John Oake owns a small but successful furniture manufacturing firm.  His nephew, Tim, has a condition that prevents him from getting a job.  John lets Tim "work" at his plant doing some clea...