DISABILITY BENEFIT RECOVERY

Most people who who deal with the US government, and especially the Social Security Administration (SSA) use an advocate or attorney to help them.  It's important for you to know how this representative will get paid for his or her services. First, the government does not pay your representative's fee.  While the SSA will withhold the fee from your past due benefits and pay the representative directly,* the fee comes out of your back pay settlement (and only your back pay settlement).  The fee is a percentage of the back pay you are given. For example, if you receive a back pay award for $12,000 and you have agreed to pay your representative 25 percent (the maximum allowable), your representative's fee would be $3,000.  This is the only fee you can be charged. What about your ongoing monthly benefit check?  It is all yours.  Social Security will not permit the representative to be paid anything out of the future monthly checks.  So, if your month...

Think you may have a disability that qualifies for payments from Social Security?  Find out FREE by phone.  The Forsythe Firm welcomes disability case consultations by phone.  (256) 799-0297.   The maximum Social Security disability benefit for an individual in 2017 is $2,687 per month.  Your benefit could be different. Social Security determines your eligibility by considering:  you age, education, past work experience and medical impairments. Not everyone is covered by Social Security disability insurance (SSDI).  You must have worked a sufficient number of quarters during the previous 10 years to be covered. Generally, you will need 22 quarters of work out of the most recent 10-year period to be covered--but this will vary according to age. A qualified disability attorney or non-attorney advocate can give you a better analysis of your case and advise you what to do next.  Under current federal regulations, you cannot be charged a legal ...

Social Security disability (SSDI) decisions are made by an agency called the DDS.  While the DDS denies most claims entirely, sometimes they will approve monthly benefits but move the alleged onset date forward to deny all back pay.  This is very common with DDS and can be appealed. Example: Jim claimed to have become disabled on 11-1-16. After deducting for his 5-month mandatory waiting period, he would be eligible for SSDI benefits from April 1, 2017 onward.  DDS approved the claim but set his onset of disability date at 8/1/17.  Now,after deducting the 5-month waiting period, and he won't get paid a benefit until January of 2018.  In short, Jim just lost 9 months of SSDI payments because of the change in his onset date. This amounts to a partially favorable decision which can be appealed.  However, the following factors must be considered when Jim appeals this decision. 1)  The appeal will involve a hearing before an administrative law judge...

Social Security is nothing if it isn't slow.  A disability claim can take months--or years.  How do you survive financially?  Here are some ideas about help while you wait. FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison Each county in Alabama has its own DHS.    MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  This is a state-wide list so scroll the list to find a clinic that is close to you.   http://www.needymeds.org/free_clinics.taf?_function=list&state=al Prescriptions?  Believe it or not, nearly every pill maker has a program to give medicine away to in...

Since my job involves filing and appealing disability claims, I often see individuals who are unemployed, uninsured and can't afford to see a doctor.  My advice:  find a free clinic or one that will treat you for a low fee. Here is a link to such clinics.  ALABAMA FREE OR REDUCED COST MEDICAL CLINICS   There are 3 things to keep in mind as you seek out these clinics: 1.  Find one local to you.  Many clinics only treat patients who live in their city or county. 2.  Find one that treats your particular illness or condition.  Some clinics only treat women, others may only treat heart patients, or AIDS or diabetes, etc. 3.  Be persistent.  These clinics have more people calling them than they see.  You may have to call several times, go in for an interview, complete screening forms, etc. before you can get an actual appointment with the doctor.  They are not going to pick up the phone and say, "Sure, can you come on in ...

Social Security claims to use a non-adversarial process to handle disability appeal hearings.  In a way that's true but don't be lulled into a false sense of security. A non-adversarial process really means two things:  (1) Social Security will not have an attorney present at the hearing to argue against you, and (2) the hearing will use rules of evidence that are less formal than would be used in a civil or criminal trial. While Social Security has no lawyer at the hearing, it will have other professionals who can be tough:  the administrative law judge, the vocational expert and quite possibly the medical expert (doctor).  All these individuals have the potential to derail your claim. In short, if you go to your hearing unrepresented, there will be only person there who is dedicated to winning the claim. YOU.  There will no no one to watch your back.  That would be the job of your advocate, attorney or representative.   I've seen a thousand ...

There's little doubt in my mind that the Social Security Administration (SSA) is the slowest agency within the United States Government!  It's possible, even likely, that you will wait 2 years or longer to get your appeal processed and paid. If you live in Huntsville or Madison County, add 6 to 12 additional months to the wait because Huntsville has only one hearing room. How do you keep your claim moving in this slow, bogged down system? First, you have to be familiar with Social Security rules, process and procedures.  They will always work within their own schedule, not yours.  They schedule the hearing dates; neither the claimant or representative can choose the date. The following tips may help you: Know what they need and give it to them.  There are certain things that SSA must have before they will make a decision on your claim--no matter what.  These things must be presented correctly and in the proper form. Not certain if everything is th...