DISABILITY BENEFIT RECOVERY

HERE ARE SOME INTERESTING FACTS ABOUT SOCIAL SECURITY DISABILITY IN HUNTSVILLE. About 30% of initial claims are approved, while the rest will go to the appeal process (hearing). Appeals are handled by two hearing offices: Florence, AL (the majority of cases) Franklin, TN (a small percentage of cases) Actual hearings may be held in Florence, Huntsville, Decatur or Cullman.  You never have to travel to Franklin.  Hearings are held near your hometown.   It takes longer to get a hearing if you live in Huntsville or Madison County. There are 7 judges at the Florence hearing office.   Each judge will decide 1.9 cases per day on average. There is a backlog of over 5,000 cases at the Florence hearing office (thus, the long wait).  Average wait time for a hearing is 17 months but it may take longer if you live in Madison County or Huntsville. 20 percent of appeals filed will be dismissed on technical grounds (claimant filed la...

Why would Social Security issue a Partially Favorable decision on a disability claim?  What are the consequences? A person cannot be partially disabled under Social Security rules.  So, it's the decision that is partially favorable.  In other words, the decision does not provide everything the claimant asked for.  A decision is partially favorable when the judge rules that you are disabled but that you became disabled on a date later than alleged in your application. For example, if I allege that I became disabled on January 1, 2015 but the judge finds me to have become disabled on June 1, 2016--that is a partially favorable finding. There are generally 2 reasons for moving the alle ged onset date: 1)  The judge feels that medical evidence does not support a finding of disability on the ea rlier onset date but that it does so at a later date (an amended onset date). 2)  The claimant had substantial wages after the alleged onset date and this dis...

I have written rather extensively about mist akes at Social Security disability hearings.  Here are a few more mistakes the claimant should try not to make.    Don't Exaggerate Your Symptoms.  For example, "How long can you sit without getting up or changing positions?"  Answer:  "I can only sit two or three minutes."  Question:  "I switch from sitting to standing about every 2 minutes."  The judge is probably thinking, "This person is not being completely honest with me."  Don't Minimize Your Symptoms.  Avoid these types of answers: Can you drive a car?  Yes. Can you go shopping?  Yes. Are you able to prepare your own meals?  Yes. Do you do any yard work?  Yes. Persons who are disabled certainly may do some or all of the above activities; however, they do have struggles and limitations.  Explain your limitations honestl y and fully. For example, "I can prepare meals but I use microwa...

If you are dealing with a Social Security disability claim, you have probably been in contact with an office called "ODAR."  It stands for the Office of Disability Adjudication and Review .  It was once known as the "Office of Hearings and Appeals." Roughly 70 percent of all Social Security disability claims end up at this office (after being denied).  It is at ODAR that approximately one-half of claims will eventually be approved and paid. WHAT HAPPENS AT ODAR? ODAR is a branch of the Social Security Administration.  It is the appeals branch.  There are 100 ODAR offices in the US, employing about 1,000 administrative law judges who hear and settle Social Security disputes, mostly involving denied disability claims.  ODAR's responsibilities include:   receiving and reviewing medical records and other evidence submitted by the claimant or his representative. issuing subpoenas to obtain evidence. holding hearings to establish the facts in a cas...

In perhaps about one-third of Social Security disability applications, the agency will want the claimant to go to a doctor of Social Security's choice and be examined.  This usually occurs when there are no medical records or very little current medical evidence on which to base a decision. The question is, "Should you allow Social Security to examine you as part of your application for disability benefits?" The answer is:  Yes, probably.  If a claimant refuses an examination, Social Security will act on the limited information that they have, which is probably too little for a favorable decision.  So, the claimant gets denied. My experience has been, however, that an examination by one of Social Security's contracted doctors does not help the claimant to get benefits.  No, in most cases I do not believe that the doctors conspire with Social Security to deny claims.  It's just that they perform a very quick, superficial examination.  And in the r...