DISABILITY BENEFIT RECOVERY

Generally speaking, a person must prove that they are at the end of their working life in order to get Social Security disability benefits.  That may not technically be true, but it seems to be the practical reality. In most cases, if there is any kind of work that a person could perform, disability will be denied.  For example, if you are found able to do the work of a toy stuffer, ticket taker, sack mender, worm catcher or egg breaker, you may be denied benefits under federal regulations. It is very difficult to prove that an individual cannot perform ANY type of work, using objective medical evidence. I have heard that there is a doctor somewhere in my state who opines that nearly all of his patients are disabled--and they nearly all get on disability.  " Dr. _______ is making a judgment call that if you have a particular back problem and a college degree, you're not disabled. Without the degree, you are."  http://apps.npr.org/unfit-for-work/ What's wr...

Not too long ago our local Social Security disability hearing office was paying more than 50 percent of the appeals that came to hearings. We call that "the good old days."  The same office was paying 42 percent six months ago.  Today they are paying 38 percent.  You see the trend: it's getting more and more difficult to win Social Security disability benefits.  That's not just a local trend, it's happening all over America. So, if you are really unable to work and Social Security has denied your claim, what can you do? By all means, appeal.  Don't let the falling numbers intimidate you.  Be sure to get all the medical evidence about your disability.  Engage your treating doctor to help if he or she is willing to help--not just by providing routine medical records--but also by providing a Medical Source Statement that specifies your limitations of function (in vocational terms).  This is sometimes called a Residual Function Capacity form....

If you are a disabled veteran don't neglect to check out Social Security disability benefits, in addition to your VA benefits.  If you served in the US Armed Forces after 1954, you have paid into the Social Security trust fund and are covered by Social Security disability insurance (SSDI).\ SSDI is payable in addition to any VA benefits you may receive and will not reduce your VA disability award.  In fact, veterans may be able to collect Social Security disability benefits even while on active duty and receiving military pay.  They key factor is not whether you are receiving military pay but whether or not you are able to perform your duties.  The Forsythe Firm in Huntsville works with veterans to be sure they maximize their disability benefits, collect all back pay due and receive the largest monthly award to which they are entitled.  Consultations with a disability specialist are always free and without risk or obligation.  You never pay a fee for an...

Medicare and Medicaid are both health insurance plans provided to individuals who have met certain requirements for coverage.  Medicare is a federal health insurance program administered by the US Government, while Medicaid is a state health insurance program which may also receive some federal funding.  Medicare and Medicaid share some similar characteristics but have other characteristics that are very different. Medicare eligibility may be achieved in one of two ways:  By reaching January 1 of the year in which you will become 65 years of age; OR by receiving a Social Security disability award (SSDI) earlier than age 65.  Medicare coverage does not begin, however, until you have been eligible for a Social Security disability payment for 25 months.  Here is an example:  If Social Security finds you were disabled as of 1/1/13, you must wait 5 months from that date to receive your first payment because of a mandatory 5 month waiting period.  So your ...

An approval letter from Social Security is not only relatively rare but it can be a very happy occasion--especially after months or years of financial hardship caused by a sudden disability and loss of income.  An approval letter will come from Social Security if your initial application has been approved, or more likely, if an administrative law judge has heard your appeal and granted a favorable decision.  The approval letter will state your "onset date," meaning the date you first became disabled.  The earlier the onset date, the more back pay you will receive. Within 60 days after receiving the approval letter, you will get a second letter that gives some more details about your benefits.  This second letter will tell you the amount of your monthly benefit check, the date you will receive your first payment, and the day of the month your monthly payments will arrive.  It will also state the amount of your past due benefits and the approximate date that the...

Most claimants who are approved for Social Security disability benefits qualify for retroactive benefits and/or back pay.  Retroactive benefits depends on two things: date disability began date the application was filed  Under the regulations, you are entitled to collect benefits for each month after the month you became disabled (under Title 2, SSDI).  The regulations limit you to recovering 12 months of retroactive pay, plus the 5 month waiting period.  Thus, it is possible to collect up to 17 months of retroactive pay.  You are also entitled to collect one month of benefits for each month it takes Social Security to reach a decision on your case.  For example, if you waited 15 months to get a hearing, then win, you would be eligible for an additional 15 months of "back pay." It's confusing, but there is a difference between "retroactive benefits" and "back pay."  Retroactive benefits are those payable from the date the disability began to t...

Social Security has identified more than 200 diseases that qualify for a "compassionate allowance" of disability benefits. Being diagnosed with one of these diseases will usually expedite an award of benefits. These conditions include, for example, many forms of cancer and auto immune disorders, as well as other conditions. Some diseases on the list may be well known.  Others, such as the recently added HOYERAAL-HREIDARSSON SYNDROME, may be virtually unheard of by the public. If a claimant has a disease that qualifies for a compassionate allowance, how does it affect his claim?  The claim will usually be expedited.  Once Social Security is able to verify from medical sources that the claimant actually has the disorder, a benefit may be awarded quickly.  How long the process takes depends on such factors as how long it takes doctors to respond to requests for medical records. The claimant may speed up this process by asking their doctor to provide information quickl...