You
have a Social Security hearing coming up on your disability claim. You
approach your doctor about filling out a form to support your claim.
The doctor is busy but offers to give you a letter, instead. Here's an
example of a doctor's letter:
"Mr.
Joe Claimant has been a patient of mine for over 20 years. He suffers
from back pain, migraine headaches, high cholesterol, high blood
pressure and depression. In my opinion, Mr. Claimant is not able to
work and is fully disabled." Signed [John M. Doctor, MD].
Why Social Security judges will probably ignore this letter?
The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law. (20 CFR 404.1527).
Doctors
are not permitted to decide who is disabled under the federal
regulations. The fact that your doctor believes you are disabled is not
dispositive.
It
would be far better if your doctor specified why you cannot work. For
example, if he provided your restrictions on such activities as sitting,
standing, walking, bending, lifting, crawling, kneeling, crouching,
paying attention, remembering, etc. Doctors are permitted to assess your
individual functional limitations, but not to draw conclusions about
whether you are disabled.
There
is a form that I like to use for doctors. It's called a Medical Source
Statement. Some people call it a Residual Functional Capacity form.
It nearly always carries more weight with Social Security decision
makers, especially judges, than letters do. The reason is obvious: the
form keeps doctors away from drawing conclusions and allows them to
estimate functional restrictions, according to Social Security
regulations.
I will provide this form free to anyone requesting it.
___________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
Monday, March 19, 2018
WHY THE LONG WAIT TIME FOR A SOCIAL SECURITY APPEAL?
The average Social Security disability application will be decided within 4 months. However, up to 70 percent of these applications are denied. In that case, you will usually wait about 2 years for a hearing (appeal).
Why the long wait?
Because the Social Security Administration is backlogged. There simply aren't enough judges to hear the approximately one million cases now in the appeals system.
For most claimants, there isn't anything to do that will reduce the long wait. Lawyers or advocates sometimes get blamed for delaying a case; however, this is simply not the problem. Your representative wants to settle the case just like you do. The problem is that hearing dates are set by Social Security, not by lawyers or representatives.
YOU MAY GET BACK PAY WHEN YOUR CASE SETTLES. When your case is finally settled, you may receive back payments going back to the date you first became disabled. These payments are usually paid in a lump sum after a judge holds a hearing and determines the date on which you first met the legal definition of disability.
One of the responsibilities of your advocate/representative is to make sure you receive all the benefits to which you are entitled, including back pay.
How far back can your disability pay go? This depends on the individual case. Factors to be considered include:
_________
THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
PHONE (256) 799-0297
Free consultation and case evaluations by appointment
SOCIAL SECURITY JUSTICE - WEBSITE
Why the long wait?
Because the Social Security Administration is backlogged. There simply aren't enough judges to hear the approximately one million cases now in the appeals system.
For most claimants, there isn't anything to do that will reduce the long wait. Lawyers or advocates sometimes get blamed for delaying a case; however, this is simply not the problem. Your representative wants to settle the case just like you do. The problem is that hearing dates are set by Social Security, not by lawyers or representatives.
YOU MAY GET BACK PAY WHEN YOUR CASE SETTLES. When your case is finally settled, you may receive back payments going back to the date you first became disabled. These payments are usually paid in a lump sum after a judge holds a hearing and determines the date on which you first met the legal definition of disability.
One of the responsibilities of your advocate/representative is to make sure you receive all the benefits to which you are entitled, including back pay.
How far back can your disability pay go? This depends on the individual case. Factors to be considered include:
- When did you stop working?
- When did you file an application for benefits?
- When did your condition become so severe that you could no longer work, according to medical evidence?
_________
THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
PHONE (256) 799-0297
Free consultation and case evaluations by appointment
SOCIAL SECURITY JUSTICE - WEBSITE
Tuesday, March 13, 2018
MORE QUESTIONS ABOUT SOCIAL SECURITY DISABILITY (Huntsville)
Question: What conditions qualify for Social Security disability?
Answer: Any medical condition may qualify for SSDI benefits if it is severe enough to prevent working. An impairment may be physical or psychological.
Question: What's meant by an exertional impairment?
Answer: An exertional impairment is one that restricts your ability to stand, walk, lift, push or pull. Non-exertional impairments may include psychological issues (depression, anxiety, panic attacks) or postural limitations (inability to sit, stoop, bend, kneel, crawl, etc.).
Question: I was denied and I'm now waiting on a hearing. Why does it take so long to get a hearing?
Answer: The long wait is due to the severe backlog at the Social Security hearing office. There are too many people trying to get a hearing and not enough judges to hear cases quickly.
Question: I've been told that new medical evidence cannot be considered at my hearing. Is this true?
Answer: No, it is not. At your hearing the judge will consider all the medical evidence, including new evidence that you have submitted according to the rules. Unless an exception is granted, evidence must be submitted at least 5 business days prior to the hearing. That's really the only restriction about new evidence at hearings.
Question: I am afraid that if I hire someone to represent me, then I don't get any benefits, I will have to pay the lawyer a big legal bill out of my pocket. Is there a way to avoid this?
Answer: This cannot happen. Social Security law does not permit a representative to charge you a fee unless you (a) win your claim or appeal and (b) collect past due benefits. Any legal fee must be deducted from the past due benefits. If you don't receive past due benefits there is no fee. So, no need to worry.
Question: My claim was just denied. What is the time limit to file an appeal or ask for a hearing?
Answer: Good question. The time limit (very strict) is 60 days from the date of your denial letter. You can add 5 days for mailing time, so really, you have 65 days, but not one day longer.
____________________
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
Answer: Any medical condition may qualify for SSDI benefits if it is severe enough to prevent working. An impairment may be physical or psychological.
Question: What's meant by an exertional impairment?
Answer: An exertional impairment is one that restricts your ability to stand, walk, lift, push or pull. Non-exertional impairments may include psychological issues (depression, anxiety, panic attacks) or postural limitations (inability to sit, stoop, bend, kneel, crawl, etc.).
Question: I was denied and I'm now waiting on a hearing. Why does it take so long to get a hearing?
Answer: The long wait is due to the severe backlog at the Social Security hearing office. There are too many people trying to get a hearing and not enough judges to hear cases quickly.
Question: I've been told that new medical evidence cannot be considered at my hearing. Is this true?
Answer: No, it is not. At your hearing the judge will consider all the medical evidence, including new evidence that you have submitted according to the rules. Unless an exception is granted, evidence must be submitted at least 5 business days prior to the hearing. That's really the only restriction about new evidence at hearings.
Question: I am afraid that if I hire someone to represent me, then I don't get any benefits, I will have to pay the lawyer a big legal bill out of my pocket. Is there a way to avoid this?
Answer: This cannot happen. Social Security law does not permit a representative to charge you a fee unless you (a) win your claim or appeal and (b) collect past due benefits. Any legal fee must be deducted from the past due benefits. If you don't receive past due benefits there is no fee. So, no need to worry.
Question: My claim was just denied. What is the time limit to file an appeal or ask for a hearing?
Answer: Good question. The time limit (very strict) is 60 days from the date of your denial letter. You can add 5 days for mailing time, so really, you have 65 days, but not one day longer.
____________________
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
QUESTIONS ABOUT SOCIAL SECURITY DISABIITY - HUNSVILLE, AL
Sponsored by the Forsythe Firm, a local disability advocacy firm specializing in Social Security disability. If your question isn't answered here, please call us FREE at (256) 799-0297.
Here are answers to frequent questions about Social Security disability. If your question isn't here, please call us free at (256) 799-0297.
Q. What are the basic requirements for SSDI benefits?
A. You are not able to work and have a medically determinable impairment which is expected to last for at least 12 consecutive months. There is no short term disability with Social Security. 12 months is the minimum duration.
Q. How long will it take to get benefits started?
A. The typical application process takes 3 to 4 months. Unfortunately, a lot of good claims are denied. If youare denied, the appeal can take up to 2 years.
Q. What if I haven't worked in recent years? Can I still get Social Security disability benefits?
A. It depends. For most people over age 40, the rule is that you must have worked a total of 5 years out of the last 10 years. If you haven't worked in the past 5 years, you may not have Social Security disability coverage. Call the Social Security office to find out.
Q. How much is an SSDI benefit?
A. It varies based on age, wage history, etc. The average American on disability receives about $1,150 per month. Your benefit may be more or less.
Q. I've heard that you need a lawyer to help you get SSDI. Is this true?
A. You certainly do not need a lawyer to apply for disability benefits. Unfortunately, however, up to 70 percent of applications are denied. This requires an appeal and a hearing with an administrative law judge. Most people choose to have representation when their case heads to a judge. I think being unrepresented is a mistake but there is no requirement that you have an attorney or representative.
Q. If I hire a representative to help me, how much will he/she charge?
A. There is no fee for representation unless you win your claim and also recover past due benefits. When this happens, your representative will be paid a small percentage of your back pay settlement. He or she will NOT be entitled on any part of your monthly benefits.
Q. I see a lot of late night TV ads about Social Security advocates. Should I hire one of these guys?
A. You are entitled to get a representative of your choice. I can see advantages to getting a local representative here in Huntsville. First, he or she will be familiar with the local administrative law judges and how they conduct their hearings. Second, you will get to meet your representative on day one--not months from now when your hearing takes place. Third, you may have more access to a local representative if you have questions, need extra help or need to drop paperwork off at the office.
Q. I am still working because I can't afford to quit. However, I'm not really able to work and my doctor agrees with me. May I file for disability while I'm still working and quit after I get approved?
A. No, that is not the way Social Security works. While that would make a lot of sense, a person who is still working at 'substantial gainful activity' (called SGA), will get a technical Step 1 denial by Social Security, no matter how severe their medical condition. Part-time work may be acceptable if you earn gross wages of less than $1,180 per month (2018 amount).
_____________
Your question not answered? Call us
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PH (256) 799-0297
"Across from Bridge Street"
SOCIAL SECURITY JUSTICE - WEBSITE
Here are answers to frequent questions about Social Security disability. If your question isn't here, please call us free at (256) 799-0297.
Q. What are the basic requirements for SSDI benefits?
A. You are not able to work and have a medically determinable impairment which is expected to last for at least 12 consecutive months. There is no short term disability with Social Security. 12 months is the minimum duration.
Q. How long will it take to get benefits started?
A. The typical application process takes 3 to 4 months. Unfortunately, a lot of good claims are denied. If youare denied, the appeal can take up to 2 years.
Q. What if I haven't worked in recent years? Can I still get Social Security disability benefits?
A. It depends. For most people over age 40, the rule is that you must have worked a total of 5 years out of the last 10 years. If you haven't worked in the past 5 years, you may not have Social Security disability coverage. Call the Social Security office to find out.
Q. How much is an SSDI benefit?
A. It varies based on age, wage history, etc. The average American on disability receives about $1,150 per month. Your benefit may be more or less.
Q. I've heard that you need a lawyer to help you get SSDI. Is this true?
A. You certainly do not need a lawyer to apply for disability benefits. Unfortunately, however, up to 70 percent of applications are denied. This requires an appeal and a hearing with an administrative law judge. Most people choose to have representation when their case heads to a judge. I think being unrepresented is a mistake but there is no requirement that you have an attorney or representative.
Q. If I hire a representative to help me, how much will he/she charge?
A. There is no fee for representation unless you win your claim and also recover past due benefits. When this happens, your representative will be paid a small percentage of your back pay settlement. He or she will NOT be entitled on any part of your monthly benefits.
Q. I see a lot of late night TV ads about Social Security advocates. Should I hire one of these guys?
A. You are entitled to get a representative of your choice. I can see advantages to getting a local representative here in Huntsville. First, he or she will be familiar with the local administrative law judges and how they conduct their hearings. Second, you will get to meet your representative on day one--not months from now when your hearing takes place. Third, you may have more access to a local representative if you have questions, need extra help or need to drop paperwork off at the office.
Q. I am still working because I can't afford to quit. However, I'm not really able to work and my doctor agrees with me. May I file for disability while I'm still working and quit after I get approved?
A. No, that is not the way Social Security works. While that would make a lot of sense, a person who is still working at 'substantial gainful activity' (called SGA), will get a technical Step 1 denial by Social Security, no matter how severe their medical condition. Part-time work may be acceptable if you earn gross wages of less than $1,180 per month (2018 amount).
_____________
Your question not answered? Call us
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PH (256) 799-0297
"Across from Bridge Street"
SOCIAL SECURITY JUSTICE - WEBSITE
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