DISABILITY BENEFIT RECOVERY

"The vocational expert is a highly trained professional and so is the administrative law judge.  If the unrepresented claimant is not a well trained and experienced professional, he/she will be the only person in the hearing who is not. This is a recipe for disaster. " In nearly all adult disability hearings, judges will call a vocational expert to testify.  These experts are typically vocational rehabilitation counselors.  They have two functions at a Social Security disability hearing: One function is to categorize your past work experience and classify it as to exertion and skill level.  For instance, if your past work was a general cashier as performed in a grocery store or other retail outlet, it would be classified under DOT code 211.462-014, as light work with a Specific Vocational Preparation (SVP) of  2, which is unskilled work.  SVP is determined by how much training it takes to prepare for the job. The lower the SVP number, the lower the required

Recent events tell us that times are changing in the world of Social Security disability benefits.  The Government is pushing back, reducing awards, scheduling fewer hearings and making it harder to get disability benefits.  The media are playing right along. Successful representation today requires the advocate to develop a personal relationship with his client.  We must get to know the claimant as a person and develop a strategy to win his or her claim based on individual circumstances and the merits of each particular claim. The owners, partners and principals of these firms will have to roll their sleeves up, meet with their disabled clients and get involved in developing cases.   Fortunately, there are several good firms that are willing to do this. My view is that those firms will survive and continue to do well.  However, firms who see clients only as a mass marketing campaign and want to make quick cookie cutter fees for minimal work will fall by the way. 

On December 18, 2014 the nation's largest Social Security disability firm, Bender and Bender, filed Chapter 11 bankruptcy in the southern District of New York court.  The firm declared debts of between 40 and 50 million dollars, in spite of the fact that it reportedly collected $88 million in fees last year. The Binder and Binder bankruptcy is telltale, pointing to the new direction in Social Security disability representation.  Here is our take: It is no longer possible to sell a one-size-fits-all program for disabled Americans seeking disability benefits.   It is much more difficult to get an award for Social Security disability benefits than it was a few years ago.  These cases are now hard fought and only the strong survive.  There is no easy payday. Representatives are waiting longer than ever to get paid for the cases they win; we have to be selective about the cases we take. Because of the difficulty in collecting benefits, relatively fewer people are filing claims. 

I am a fly on the wall.  I recently watched a Social Security disability hearing where the claimant was unrepresented.  I could not speak up, but what I observed should help you if you are also headed for a hearing.  The judge proposed the following hypothetical question to the vocational expert:  "Assume an individual of the same age, education and work experience as the claimant.  Assume this individual is limited to a light exertion level, being able to lift and carry up to 25 pounds occasionally and up to 10 pounds frequently.  He can walk up to 6 out of 8 hours and he can sit 6 hours out of 8 hours; can occasionally bend, stoop, kneel, crouch and has unlimited ability to reach bilaterally with the upper extremities.   The judge asks the vocational witness, "Can the claimant perform any of his past relevant work?"  The vocational expert correctly answered, "No, he could not." The judge asks, "Is there any other work that he could perform?"

When you get a favorable decision on your Social Security disability claim, you see a statement like this in your Notice of Decision: The claimant's date last insured is December 31, 2015.  Or, The records indicate that the claimant has sufficient work history to remain insured for disability benefits until December 31, 2015. This does NOT mean that your disability benefits will terminate on December 31, 2015.  This is the "date last insured."  This is the date that you stop being insured to file a NEW claim for disability benefits.  It's like saying, "If you first become disabled after this date, your disability insurance has expired and you are not covered for a new claim beyond this date." Once you receive a favorable decision on your disability claim, your benefits will continue until you are no longer disabled, you reach retirement age or die.  At retirement age, you can receive pension benefits. If you are thinking about filing a Social Secur

A disabled veterans may qualify for Social Security disability even while receiving active duty military pay.  Here is Social Security's official policy on the matter of receiving active military pay while applying for Social Security disability benefits: Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program or on limited duty, we will evaluate your work activity to determine your eligibility for benefits. You cannot receive Social Security disability benefits if you engage in substantial work for pay or profit. However, the actual work activity is the controlling factor and not the amount of pay you receive or your military duty status. Unfortunately, Social Security field offices so

I am that little fly on the wall at a Social Security disability hearing.  I'd like to give you a few examples of the problems I observed in another hearing where the claimant was unrepresented. The judge asked, "Did you receive any unemployment benefits after your alleged onset date, which is March 13, 2011?"  The claimant says, "Yes, I drew unemployment for a while after I stopped working." The judge asks, "Were you able to work and looking for work during the time you drew unemployment benefits?"  The claimant says, "No, I wasn't able to work." The judge replies,"Then you lied to the state on your application for unemployment  benefits.  In order to receive unemployment benefits you have to state that you are able to work, you are looking for work and available for work--but now you tell me that was not true, that you were disabled.  Which story is right?"  The claimant doesn't seem to know what to say.  I think he

I am a fly on the wall at a Social Security disability hearing.  I see 4 persons in the room:  the claimant (unrepresented), a recording clerk, a vocational expert (VE) and a US adminstrative law judge (ALJ).   From my silent perch, I am going to explain some problems I see during disability hearings, where hundreds of thousands of dollars in disability benefits depend on what happens during the 45 minute hearing. 1)  The ALJ asks the vocational expert to classify the claimant's past relevant work.  The VE replies that the claimant has had 3 jobs that qualify as past relevant work:  a cashier, an administrative assistant, and a rental clerk. The claimant does not object to any of these jobs, not knowing that they will be used at "Step 4" of the hearing to deny his claim.  He should object that the cashier job was more than 15 years ago, thus not past relevant work according to the regulations.  Also, he should object that the job as a rental clerk was part-time work a

Social Security may pay you a benefit of up to $2,642 per month (2014) if you are unable to work for 1 year or more because of a physical or mental impairment.  You do not have to wait 1 year to file.  The requirement is that you must have an impairment that is expected to disable you for at least 12 consecutive months.  It is advisable to file right away because the process can take a long time. You may also be eligible for benefits for a period of time before you file your application.  For example, if you became disabled in May of 2013 but did not file your application for benefits until June of 2014, you may be eligible for several months of retroactive pay.  If you have to wait several months while Social Security decides whether you are disabled, you can also recover "back pay" for the months you had to wait.  Retroactive pay and back pay are usually paid in a lump sum, whereas, future payments are made monthly.  The exact amount of the benefit payment is

Contact www.DisabilityNashville.com for assistance with your Social Security disability claim.  If you live in Middle Tennessee, we have Social Security disability specialists waiting to help you.  There is no charge until you win and collect past due benefits.  Consultations are free.  Call (615) 732=6159. Visit our Middle Tennessee Information Site here. www.DisabilityNashville.com    

www.DisabilityNashville.com   www.DisabilityNashville.com can help disabled individuals in Middle TN get Social Security disability benefits.  Check this website or phone (615) 732-6159 now.  Free consultations, never pay a cent until your claim is approved and you collect past due benefits. Check our Website for Middle TN Disability Solutions here. Experienced local advocates are standing by to help.  We win cases just like yours everyday.  Visit Our Website Here.

May I represent myself at a Social Security Disability Hearing? Rephrased:  May I Experiment on My First Disability Hearing, Using Myself as the Guinea Pig?  Beware:  Social Security will have a "vocational expert" at your hearing.  This "expert" testimony can cause you to lose your claim. The Judge will ask the vocational witness to find jobs that you supposedly can still do.  If the "expert" finds jobs you can still perform (and they will), you will lose your case.   Below are 2 examples of case-losing jobs, actually used by vocational witnesses to get claims denied: JOB # 1    Surveillance System Monitor - DOT No. (Dictionary of Occupational Titles) 379.367-010.  The expert will testify that there are about 89,000 such jobs in the US economy and about 1,500 in the regional economy.  This job is Sedentary exertion level (performed mostly from a seated position) - and has an SVP of 2 (can be learned in only a few hours). JOB # 2:  Machine

www.VeteransDisabilityHuntsville.com www.VeteransDisabilityHuntsville       Contact:  (256) 799-0297   There has been a lot of news lately about problems in the Veterans Administration (VA) and how it is not adequately serving the needs of veterans, especially in the area of medical treatment. What many veterans do not know is that they don't have to depend solely on the VA for financial help.  Disabled veterans are also eligible to apply for Social Security disability benefits, which can pay up to $2,600 per month in cash benefits. Getting Social Security disability benefits will not reduce benefits from the VA.  Veterans who qualify can receive full VA benefits plus Social Security disability benefits. This is because veterans paid into the Social Security disability program during their years of active military service, and afterward.  They are covered by Social Security just as any other individual who paid into the program. In fact, starting in Marc

By the Forsythe Firm in Huntsville (256) 799-0297 and Nashville (615) 732-6159. Representing the disabled - recovering benefits  www.ForsytheFirm.com     www.DisabilityNashville.com _________________________ SSDI .  Social Security Disability Insurance (SSDI)  is the regular Social Security disability program for insured workers, often called Title II.  By paying FICA taxes withheld from your payroll (and matched by your employer), you become covered by disability insurance from Social Security.  Generally, if you have worked 5 out of the past 10 years, you are covered by Social Security disability insurance and should file a Title 2 claim--often simply called "Social Security disability insurance" or SSDI.  As stated, it is also called Title 2 (II). The amount of your monthly benefit under Title II will be based on your age and average earnings in the past.  The maximum for a non-blind individual in 2014 is $2,642 per month.  The average SSDI benefit in 2

Here are questions we often receive about Social Security disability for mental disorders: May I receive Social Security benefits for a mental condition?  Yes.  If the condition is severe enough to prevent full-time, consistent work, you may be approved for benefits.  You will need the same basic type of proof that would be required for a physical illness. Do I have to be in a hospital or institution to get disability benefits?    No. The requirement is that you are unable to perform consistent, full-time work because of your impairment.  You need not be hospitalized. Does getting disability benefits for a mental condition imply that I am "crazy" or "dangerous"?  No, not at all.  The old stigmas about mental disease have pretty much been eliminated by medical science.  We now see these conditions as an illness.  However, they can be just as disabling as a physical illness. Will I be degraded, put down, or made to feel ashamed during the disability process

The Social Security Administration has long been known for attempting to terminate disability benefits to beneficiaries (those who have been approved for benefits).   In 1984 President Reagan signed the Social Security Disability Benefits Reform Act of 1984.  This law placed two important protections in place for disability benefit receipients: (1)  There must be significant medical improvement before benefits may be terminated; and (2)  the beneficiary must now be able to engage in substantial gainful activity (work). A "Continuing Disability Review" (CDR) is a process whereby Social Security reviews an individual who is receiving disability benefits to determine whether the benefits should now be terminated.  Most individuals who are under age 50 can expect a CDR about every 3 years.  However, due to lack of funding, Social Security has not been able to conduct as many CDRs as they were supposed to.  Congress has fixed that now by allocating almost one half a billion

An individual is eligible to receive Social Security disability benefits when the person is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."  42 U.S.C.A.  Section 423(d)(1)(A). The claimant must "...not be able to do his previous work, but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him or whether he would be hired if he applied for work."  42 U.S.C.A.  Section 423(d)(2)(A). If your Social Security disability claim is denied and you appear before a US Administrative Law Judge (ALJ), the regulations stipulate a 5 step proc

When you apply for Social Security disability benefits (SSDB), the case is sent to a state agency, usually called the "Disability Determination Service" or DDS.  DDS is a state run agency operating under contract with the Social Security Administration. The role of the DDS is to gather all the relevant medical records, evaluate the work history and vocational skills of the claimant, and make an initial determination as to whether the claimant meets Social Security's rules for disability. The person who handles the claim at DDS is called a "disability specialist."  After this specialist has worked up the file, he/she has it reviewed by a contracted, or sometimes employed, medical doctor. When a decision is made, the file is sent back to the local Social Security office from where it came and Social Security sends a determination letter to the claimant.  About 70 percent of cases are denied at the DDS level (often referred to as "the state level").

The mandatory process to appeal an unfavorable decision by a hearing judge in a Social Security disability case is to file an appeal with the Appeals Council.  This is a group of judges in Falls Church, VA. (and some are located in Washington, DC, also).  See Our Website for Details. The time frame for getting a review by the Appeals Council is 12 to 18 months.  Neither the claimant or representative appears at this stage of appeal. Here are the typical results of the Appeals Council actions based on national averages: 74 percent of cases are either denied or dismissed, so the hearing judge's decision remains in place. 24% of cases are remanded ( sent back to the hearing judge for another hearing or additional development). 2 percent are awarded directly by the Appeals Council. If the Appeals Council does not award or remand your case, the next and final appeal is to file a suit against the Commissioner of Social Security in a US District Court.  You cannot

3 types of decisions are possible following a Social Security disability hearing before an adminstrative law judge (ALJ). Fully favorable - means the judge agrees with all parts of your claim, including the alleged onset date.  Social Security agrees to pay benefits as far back as the law permits. Partially favorable - means the judge agrees that you are disabled but disagrees with the alleged onset date.  This will reduce or eliminate your back payment, depending on the "established onset date" the judge has chosen.  You will be paid from the new "established onset date."  Keep in mind, there is a 5 months waiting period on all decisions - even fully favorable ones.  5 full months of payments will be subtracted from the established onset date established by the judge.  For example, if your established onset date is March 13, 2014, your "waiting period" will be April - August, 2014.  Your first month eligible for payment would be September, 2014. Un

Representatives have long warned our clients to be careful about what they post on Facebook and other social media sites.  I advise my clients to stay off the social media sites altogether. On April 9, 2014 the House Oversight and Government Reform Subcommittee on Energy Policy, Health Care, and Entitlements held a hearing to examine the disability determination and adjudication process.  Chairman Jim Lankford (R-OK) and ranking member Jackie Spoeier (D-CA) told the committee that they had sent a list of recommendations to Carolyn Colvin, Acting Commissioner of the Social Security Administration.  One of the recommendations sent to Acting Commissioner Colvin was: "The Social Security Administration should review each applicant's social media accounts before awarding benefits..." There it is, in your face, and black and white.  The Congressional Oversight Committee, the "boss" of the Social Security Commissioner, wants Social Security to look a

"Delayed development" is the new phrase for what used to be called "mental retardation."  It is generally judged according to Social Security Listing 12.05, Intellectual disability.  There is a separate Listing for children. Intellectual disability generally involves a low IQ score. The following are considered severe enough to meet a Listing and qualify for benefits: 1)  A verbal, performance or full scale IQ of 59 or below; OR 2)  A verbal, performance or full scale IQ between 60-70 plus at least one additional physical or mental work related reduction in function; OR 3) A valid verbal, performance, or full scale IQ of 60 through 70, resulting in at least two of the following:  1. Marked restriction of activities of daily living; or 2. Marked difficulties in maintaining social functioning; or 3. Marked difficulties in maintaining concentration, persistence,

Social Security considers Psychotic disorders, such as schizophrenia, delusions or paranoia under Listing 12.03.   If an individual meets or equals the severity of the Listing, he qualifies for Social Security disability benefits.  Bear in mind, however, that most individuals will not meet or equal a Listing. The Listings are very specific, details and require very severe impairments of long duration. Failure to meet a listing does not necessarily mean that benefits cannot be won.  An alternative approach would be to show that the combined restrictions of impairments prevent full-time work activity (8 hours per day, 5 days per week, or similar schedule). It is helpful if evidence can be provided from either a psychiatrist (MD) or a licensed clinical psychologist, as opposed to a family doctor.  The reason is simply that the Social Security regulations require that a specialist working in the area of his/her specialty be given more weight than a general practitioner.   Unfortun

Anxiety and depression are evaluated by Social Security under Listing 12.04, "Affective Disorders." If you meet or equal a listing you automatically qualify for Social Security disability benefits.  However, meeting a listing is very difficult because the requirements are lengthy and extreme.  Most individuals with severe depression will not meet a listing but they may still be found disabled. How is that possible?  By showing that the combination of all impairments make it impossible to perform full-time work related activity.  Especially helpful in 12.04 evaluations (depression, anxiety, PTSD, etc.) would be an evaluation of such factors as staying on task understanding and following spoken and written instructions responding appropriately to supervision or coworkers the ability to concentrate (which affects staying on task)  In short, we must prove the severity of the mental disorder and how it significantly restricts an individual's ability to perform work

When Social Security feels it doesn't have enough medical evidence to make an award (approval), they will ask the claimant to appear for a consultative exam.  This could be a physical exam with a regular MD, or a psychiatric exam, most likely with a licensed clinical psychologist. First, it is highly unlikely that this exam will help your case.  The doctor, who is paid by Social Security, will spend a few minutes with you, answer some questions on a form, then send you on your way.  These doctors tend to tell Social Security what they want to hear:  that there is nothing seriously wrong with you and that you have no severe limitations that prevent you from working. Here are some practical tips if you are ordered to attend a consultative examination by Social Security: 1)  By all means do attend and be on time.  Failure to attend may be grounds for denial of your claim. 2)  Take all the medications with you to the appointment. 3)  Write down any side effects to your medicati

A Social Security Disability Advocate Performs Valuable Work That Often Goes Unseen. In helping his claimant win Social Security disability benefits, an advocate will perform much work that is not seen by the claimant.  Yet, this work is vital to a successful outcome. Finding, preparing and evaluating medical records/evidence. Arranging for any medical examinations that are needed. Making sure that the legal theory of the case is compatible with Social Security disability regulations. Defending the "alleged onset date" to protect back pay. Filing supporting documents such as briefs, explanations, defenses, etc. Preparing the vocational aspect of the case. Preparing the claimant to appear at the hearing. Filing post-hearing briefs or evidence as required You might compare the 45 minutes of a disability hearing to a student taking a test.  The test may only last 45 minutes.  However, the results will likely rest upon how much time the student spent in prepara

In a Social Security disability hearing, the claimant will have to answer dozens of questions about his activities, his symptoms and his habits.  Some answers are "Yes," some are "No," and some are "Yes, but...."   The "Yes, but...." answer allows the claimant to explain his answer with a little detail.  It is not a deceitful or dishonest answer.  Quite the contrary, it is a full, complete and accurate answer to the question. Here are few examples of where the "Yes, but...." answer might be appropriate. Can you drive an automobile?  Yes, but I don't drive frequently or take long trips.  I only drive a few minutes at a time and there are days when I just don't feel like driving at all. Can you walk around the block?  Yes, but I will need to stop and rest once or twice on the way.  Also, I probably will walk much slower than most people because of hip pain.  (I am making up these answers but assume they would represent t

What Are Some of the Biggest Hangups judges have when it comes to hearing a Social Security case?  You might be surprised. Receiving Unemployment Benefits During the Period of Alleged Disability.   Most judges do not want to find a claimant has been getting unemployment benefits during the period in which he/she claims to have been disabled.  First, unemployment benefits are for individuals who are able to work.  So, judges often see claimants who file for disability and unemployment at the same time as dishonest.  (Did you lie to the unemployment agency or did you lie to Social Security)?  Second, many judges see collecting both benefits for the same time period as "double dipping." Receiving substantial income from an employer after the alleged onset of disability date. This can often be explained as sick leave pay, disability insurance payments or similar legitimate payments, which are not a problem.  But if wages have continued to be paid after the "alleged ons

Is it a good idea to represent yourself at a Social Security disability hearing?   If a person chooses to "represent himself," then he is unrepresented .  I think there are some pitfalls to non-representation.  I will mention a few. Inexperience .  The lack of experience is a huge factor. If a person represents himself in a disability hearing, he is most likely experimenting on himself.  Since he has probably never seen a disability hearing, let alone handled one, the entire process is pretty much unknown.  It's a case of "make it up as you go along" and hope it all works out.  It seldom does. Lack of Preparation .  If a person has no experience with Social Security disability hearings, how can he know how to prepare?  You cannot prepare for the unknown.  Effective preparation before the hearing probably wins most cases.  If you don't know what evidence will be required it is unlikely that you can prepare it. Surprises .  What type of questio

Gone are the days when US veterans had to wait months, even years, to be approved for Social Security disability benefits. There is now a "fast track" program for veterans who have a 100 percent disability rating from the Veterans Administration.  You may be approved for additional Social Security disability benefits in less than one month.  In fact, some applications can be approved in about a week. Our firm offers electronic filing of applications, the fastest way to get your application considered.  There is no upfront or consultation fee.  You never pay a fee unless you are approved and obtain retroactive or past due benefits from Social Security.    

   Sadly, more and more doctors are refusing to help their patients with their Social Security disability claims.  The reason probably is that doctors misunderstand what they are being asked to do or they misjudge and fear the time commitment. Actually, the process is rather simple and not time consuming.  The physician completes a brief form consisting mostly of checking boxes, giving his/her professional opinion.  The form does not require any special evaluation or examination--it is based on treatment history.  It should be viewed as win/win. The patient gets income and Medicare/Medicaid to cover medical treatment.  Both doctor and patient should be happy. Fear of Legal Liability:  Unless the doctor willfully provides false information, there is no legal liability on his/her part. What is the Doctor Being Asked To Do?  The doctor is not "signing up" the patient for disability benefits.  Under federal law, the decision about disability rests solely with Social Securi

Unfortunately, I run into people who still feel that Social Security disability is a type of welfare.  Or that it's a handout.  Or a scam upon the US Government. It is none of those things.  It's collecting benefits from an insurance policy that you were forced to purchase. During your working years, the US Government forced you to have FICA taxes deducted from your pay.  Your employer matched those deductions dollar for dollar.  The US Government has collected trillions of dollars in FICA taxes.  In return, the Government enrolled you in Medicare and Social Security disability insurance policies.   (The term Social Security is appropriate).  It's just like you bought an insurance policy from Blue Cross, or Allstate or State Farm.  Except for one thing:  you were not given a choice.  It was pay the FICA for Social Security taxes or go to jail.   Now that you cannot work because of a physical or mental disability, you are entitled to collect on the insurance that Uncle