Yes, there is such a thing as waiting too long to file a Social Security disability claim. You earn coverage for SSDI by paying Social Security tax. This tax is called FICA and it is collect by payroll deduction. When you stop working you stop paying FICA tax and the countdown begins to ends your coverage under Social Security.
For most persons, you continue to be covered for SSDI (disability) for about 5 years after you stop working. Then, you reach what is called your Date Last Insured or DLI. This is the date when you are no longer covered for new SSDI claims.
Unfortunately, we talk to individuals every day who need to file a new disability claim. However, they haven't worked in several years and they are no longer eligible for SSDI benefits, which requires some recent work.
The general rule of thumb is: You must have worked at least 5 years out of the most recent 10 year period. (This rule is relaxed for younger persons who aren't old enough to meet this requirement).
Are you still covered? The sure way to find out is to call your local Social Security office and ask.
If you think you may be disabled, you should explore filing a new claim right away. The longer you delay the greater the risk that you will lose your covered status with Social Security.
Social Security is a type of insurance. It is disability insurance mandated and sold by the US government. It covers only workers. It comes with a beginning date and ending date, just like all other insurance. You paid for it through payroll deduction at work. It expires at some point after you stop working.
FICA stands for Federal Insurance Contribution Act. It is the tax that pays for Social Security and Medicare. Almost every worker pays FICA by payroll deduction. Look at your pay stub. See the amount deducted for FICA? That's your Social Security tax. It has been a required federal withholding tax since 1935.
Friday, February 28, 2020
HOW MUCH SSDI BENEFIT CAN I GET?
Let's talk about two numbers. The maximum SSDI benefit in 2020 and the average SSDI benefit in 2020.
Maximum disability benefit: $3,011 per month.
Average disability benefit: $1,258 per month
Your actual monthly benefit is calculated using your lifetime earnings as a guide. The longer you have worked and the higher your earnings have been, the higher your benefit will be.
Thus, an individual with a high paying job who has worked for 30 years will have a higher benefit than someone with a sporadic history of low-paying jobs.
The next question: How do you qualify for SSDI benefits?
You must have a severe impairment, lasting at least 12 straight months, which renders you unable to perform any full time work. Also, the impairment(s) must be medically proven. There must be doctor's records to show the nature and severity of the ailments that prevent working.
Over 75 percent of applications are initially denied. The first appeal (called "Reconsideration") is also usually denied.
The second appeal takes you before an administrative law judge for a hearing. The average approval rate at the hearing level is about 45 percent.
If you would like a free case evaluation please contact an experienced disability advocate with a local firm, such as the Forsythe Firm in Huntsville.
Maximum disability benefit: $3,011 per month.
Average disability benefit: $1,258 per month
Your actual monthly benefit is calculated using your lifetime earnings as a guide. The longer you have worked and the higher your earnings have been, the higher your benefit will be.
Thus, an individual with a high paying job who has worked for 30 years will have a higher benefit than someone with a sporadic history of low-paying jobs.
The next question: How do you qualify for SSDI benefits?
You must have a severe impairment, lasting at least 12 straight months, which renders you unable to perform any full time work. Also, the impairment(s) must be medically proven. There must be doctor's records to show the nature and severity of the ailments that prevent working.
Over 75 percent of applications are initially denied. The first appeal (called "Reconsideration") is also usually denied.
The second appeal takes you before an administrative law judge for a hearing. The average approval rate at the hearing level is about 45 percent.
If you would like a free case evaluation please contact an experienced disability advocate with a local firm, such as the Forsythe Firm in Huntsville.
Thursday, February 27, 2020
3 THINGS TO LOOK AT WHEN FILING FOR DISABILITY
Three things can help you get approved for Social Security disability (SSDI):
1. The Listings. These are published guidelines of the impairments that automatically qualify for disability benefits, if your symptoms are as severe as those found in the listings. While only a small percentage of claimants will meet a listing, this should be considered.
2. The Medical Vocational Guidelines. These "grids" often help a claimant who is age 50 or over to be approved. These are charts which consider the combined factors of age, residual functional capacity, previous work experience, and education to direct a decision.
3. A Doctor's Evaluation of your Residual Functional Capacity (RFC). If your doctor will provide a detailed estimate of your functional restrictions, it can help get your claim or appeal approved. This requires a specific statement of functional ability, not just an opinion that you are disabled or cannot work. The following doctor's statements are NOT useful:
A. "This patient, in my opinion, is not able to work. He should be given full disability benefits."
B. "In my professional opinion, this patient is totally disabled. She has severe arthritis which renders her unable to work a full-time, or even a part-time job."
Why are these statements useless? For two reasons:
1. The Listings. These are published guidelines of the impairments that automatically qualify for disability benefits, if your symptoms are as severe as those found in the listings. While only a small percentage of claimants will meet a listing, this should be considered.
2. The Medical Vocational Guidelines. These "grids" often help a claimant who is age 50 or over to be approved. These are charts which consider the combined factors of age, residual functional capacity, previous work experience, and education to direct a decision.
3. A Doctor's Evaluation of your Residual Functional Capacity (RFC). If your doctor will provide a detailed estimate of your functional restrictions, it can help get your claim or appeal approved. This requires a specific statement of functional ability, not just an opinion that you are disabled or cannot work. The following doctor's statements are NOT useful:
A. "This patient, in my opinion, is not able to work. He should be given full disability benefits."
B. "In my professional opinion, this patient is totally disabled. She has severe arthritis which renders her unable to work a full-time, or even a part-time job."
Why are these statements useless? For two reasons:
- They draw conclusions which only the Commissioner of Social Security may make. Doctors cannot say who is disabled and who is not.
- The statements are much too general or vague. They do not address specific functional limitations, such as restrictions in the patient's ability to sit, stand, walk, bend, lift, kneel, reach, etc.
However, if your doctor completes the proper paperwork, it can have a great impact on getting your disability claim approved.
I JUST GOT A DENIAL LETTER, NOW WHAT?
I just received a denial letter from Social Security. It says:
You do not qualify for a disability benefit. While the evidence shows that you are not able to perform your past work, you are able to do most activities. Therefore, you are able to perform some types of work.
What should I do now?
File an immediate appeal. This is called a "request for reconsideration." By law, you have 60 days to file; however, there's no reason to wait that long.
In about 98 percent of Reconsideration appeals, the claim is denied for a second time. (Reconsideration in Alabama is currently taking about 4 to 6 weeks).
When your reconsideration appeal is denied, file another appeal at once. This appeal sets you up for a hearing with an administrative law judge (ALJ). The hearing is your absolute best chance to be approved.
So, when you get that denial letter, you will need to file an appeal for reconsideration. When that is denied, file yet another appeal for a hearing.
The disability process in Alabama has recently become more complicated, more confusing and more difficult. Prior to October 2019, you only had to file one appeal. Now, you usually need to file two.
Because of this, too many people give up and quit. This is a mistake. Very few people ever get disability without going through the full two-step appeals process.
If the idea of handling these complicated processes seems overwhelming, or just not something you want to take on, consider contacting an attorney or disability advocate to help you. Once you appoint representation, your advocate can handle most of the details for you--freeing you up to stop worrying about the case. Best of all, the advocate will not charge you a fee until you win and collect past due benefits from Social Security.
You do not qualify for a disability benefit. While the evidence shows that you are not able to perform your past work, you are able to do most activities. Therefore, you are able to perform some types of work.
What should I do now?
File an immediate appeal. This is called a "request for reconsideration." By law, you have 60 days to file; however, there's no reason to wait that long.
In about 98 percent of Reconsideration appeals, the claim is denied for a second time. (Reconsideration in Alabama is currently taking about 4 to 6 weeks).
When your reconsideration appeal is denied, file another appeal at once. This appeal sets you up for a hearing with an administrative law judge (ALJ). The hearing is your absolute best chance to be approved.
So, when you get that denial letter, you will need to file an appeal for reconsideration. When that is denied, file yet another appeal for a hearing.
The disability process in Alabama has recently become more complicated, more confusing and more difficult. Prior to October 2019, you only had to file one appeal. Now, you usually need to file two.
Because of this, too many people give up and quit. This is a mistake. Very few people ever get disability without going through the full two-step appeals process.
If the idea of handling these complicated processes seems overwhelming, or just not something you want to take on, consider contacting an attorney or disability advocate to help you. Once you appoint representation, your advocate can handle most of the details for you--freeing you up to stop worrying about the case. Best of all, the advocate will not charge you a fee until you win and collect past due benefits from Social Security.
Tuesday, February 25, 2020
VETERANS Q & A ABOUT SOCIAL SECURITY
Disabled veterans often qualify for additional benefits from Social Security in addition to their VA disability and/or pensions. Receiving Social Security disability benefits will NOT reduce your VA benefit.
Q. If I am found to have a significant disability rating by the VA, is Social Security disability automatic?
A. No. Social Security is a totally separate process and requires a separate application. Also, the Social Security rules are not the same as the VA's rules.
Q. What is the maximum monthly Social Security disability benefit?
A. $3,011 per month as of 2020, plus any possible additional payments for dependents.
Q. If I have a 100 percent VA disability rating, will I qualify for Social Security disability?
A. It is very possible but not guaranteed. Social Security has their own rules for disability. The process is totally different. With Social Security, you are totally disabled or not disabled at all. There are no percentages of disability like there is with VA.
Q. If a veteran has less than 100 percent VA rating, may he or she still receive Social Security disability (SSDI)?
A. Yes, quite possibly. The question Social Security must ask is, does this person have an impairment which significantly effects the ability to perform full-time work? A 100% VA rating is not required. A rating of 70 percent or higher is a good indication that you may qualify for SSDI benefits.
Q. My disability is not directly related to military service. May I still be considered for Social Security disability?
A. Yes.
Q. How long does it take to get approved for SSDI?
A. In can take anywhere from 60 days to 2 years, depending on several factors. A 100% VA disability rating does not guarantee Social Security approval; however, it DOES provide the veteran with much quicker claim service (an expedited review).
Q. What is the advantage to having an advocate or representative help me with my Social Security disability claim, appeal or hearing?
A. An experienced advocate knows what evidence is required, how to get that evidence, and how to argue your case with a judge or other adjudicator. The advocate will also be familiar with Social Security procedures, regulations and requirements. The advocate cannot charge you a fee until you are approved and paid for past due benefits under your claim. If you are not approved (or approved and not paid past due benefits) - you cannot be charged for either a fee or out-of-pocked costs incurred by the advocate. So the advocate's assistance is risk free.
For more information, please contact:
The Forsythe Firm
Attention: Charles W. Forsythe
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806 (Next to Redstone Arsenal)
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE in HUNTSVILLE
Q. If I am found to have a significant disability rating by the VA, is Social Security disability automatic?
A. No. Social Security is a totally separate process and requires a separate application. Also, the Social Security rules are not the same as the VA's rules.
Q. What is the maximum monthly Social Security disability benefit?
A. $3,011 per month as of 2020, plus any possible additional payments for dependents.
Q. If I have a 100 percent VA disability rating, will I qualify for Social Security disability?
A. It is very possible but not guaranteed. Social Security has their own rules for disability. The process is totally different. With Social Security, you are totally disabled or not disabled at all. There are no percentages of disability like there is with VA.
Q. If a veteran has less than 100 percent VA rating, may he or she still receive Social Security disability (SSDI)?
A. Yes, quite possibly. The question Social Security must ask is, does this person have an impairment which significantly effects the ability to perform full-time work? A 100% VA rating is not required. A rating of 70 percent or higher is a good indication that you may qualify for SSDI benefits.
Q. My disability is not directly related to military service. May I still be considered for Social Security disability?
A. Yes.
Q. How long does it take to get approved for SSDI?
A. In can take anywhere from 60 days to 2 years, depending on several factors. A 100% VA disability rating does not guarantee Social Security approval; however, it DOES provide the veteran with much quicker claim service (an expedited review).
Q. What is the advantage to having an advocate or representative help me with my Social Security disability claim, appeal or hearing?
A. An experienced advocate knows what evidence is required, how to get that evidence, and how to argue your case with a judge or other adjudicator. The advocate will also be familiar with Social Security procedures, regulations and requirements. The advocate cannot charge you a fee until you are approved and paid for past due benefits under your claim. If you are not approved (or approved and not paid past due benefits) - you cannot be charged for either a fee or out-of-pocked costs incurred by the advocate. So the advocate's assistance is risk free.
For more information, please contact:
The Forsythe Firm
Attention: Charles W. Forsythe
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806 (Next to Redstone Arsenal)
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE in HUNTSVILLE
VETERANS AND SOCIAL SECURITY DISABILITY
Disabled veterans often qualify for Social Security disability benefits in addition to their VA benefits.
Here's a quick checklist of facts for US veterans:
1. Veterans paid into Social Security out of every paycheck.
2. Veterans are covered by both VA and SSDI benefits.
3. Getting a Social Security benefit does not, in any way, reduce or compromise your full VA benefit or military retirement pay.
4. VA and Social Security have different rules and different systems. SSDI is not automatic when you get approved for a VA benefit.
5. Social Security disability requires a separate application and, often, a separate appeal process.
6. Social Security disability can pay up to $3,011 per month. The actual benefit is based on your lifetime earnings.
7. Veterans, like everyone else, often get denied on the first try. An appeal will likely be necessary to get approved.
8. Unlike VA disability, Social Security has no degrees or percentages of disability. You are either disabled or not disabled, nothing between.
9. You have the right to an advocate/attorney to represent you. You cannot be charged any legal fees unless you are approved and receive back pay from Social Security.
10. Veterans do have some special rules with Social Security that may be helpful.
My firm has successfully represented hundreds of veterans in Social Security disability claims and appeals here in Huntsville and north Alabama. Most of our clients come to us as referrals from clients we have previously represented over the years. We are grateful for this trust.
Here's a quick checklist of facts for US veterans:
1. Veterans paid into Social Security out of every paycheck.
2. Veterans are covered by both VA and SSDI benefits.
3. Getting a Social Security benefit does not, in any way, reduce or compromise your full VA benefit or military retirement pay.
4. VA and Social Security have different rules and different systems. SSDI is not automatic when you get approved for a VA benefit.
5. Social Security disability requires a separate application and, often, a separate appeal process.
6. Social Security disability can pay up to $3,011 per month. The actual benefit is based on your lifetime earnings.
7. Veterans, like everyone else, often get denied on the first try. An appeal will likely be necessary to get approved.
8. Unlike VA disability, Social Security has no degrees or percentages of disability. You are either disabled or not disabled, nothing between.
9. You have the right to an advocate/attorney to represent you. You cannot be charged any legal fees unless you are approved and receive back pay from Social Security.
10. Veterans do have some special rules with Social Security that may be helpful.
- If you have a 100 percent permanent, total VA disability rating, you are entitled to expedited review at Social Security.
- You may be able to apply for SSDI benefits while still receiving active duty pay under some circumstances.
My firm has successfully represented hundreds of veterans in Social Security disability claims and appeals here in Huntsville and north Alabama. Most of our clients come to us as referrals from clients we have previously represented over the years. We are grateful for this trust.
Friday, December 7, 2018
GETTING DISABILITY BENEFITS IN ALABAMA REQUIRES A PLAN
Having a plan or strategy is very important to winning your Social Security disability appeal.
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. That's worth paying the attorney/representative a fee when your case is successful.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.
- Is this claimant insured for benefits?
- What kind of past work did the claimant do?
- Does he or she meet a Listing or grid rule?
- Are there any transferable skills?
- Does the medical record support the alleged onset date? If so, where?
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. That's worth paying the attorney/representative a fee when your case is successful.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
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