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Showing posts from June, 2014

SOCIAL SECURITY FOR VETERANS: QUESTIONS & ANSWERS

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Sponsored by the Forsythe Firm in Huntsville (256-799-0297), here are frequent questions about Veterans receiving Social Security disability benefits.  We hope these are helpful to vets.  Call us if you have a question. Q.  May veterans receive both VA disability and Social Security disability at the same time? A.  Yes.  Veterans paid into Social Security and are covered if they become disabled. Q.  If a veteran is 100% disabled according to the VA, will Social Security automatically recognize that disability? A.  No.  Social Security has its own rules which are not the same as the Veterans Administration.  However, a vet with 100 percent permanent VA disability qualifies for an expedited decision on the Social Security disability claim.  Instead of waiting up to 4 months for a decision, vets may get a decision in a few days. Q.  Will receiving Social Security disability reduce benefits from the VA? A.  No.  Social Security and VA benefits do not "offset"

WHY MOST PEOPLE LOSE SOCIAL SECURITY DISABILITY BENEFITS

Social Security will usually concede that you cannot do any of your past relevant work, but that you can do something .  It's that something (other work) that gets you denied. At a disability appeal hearing, there are 2 central figures besides the claimant and his representative.  One figure is the administrative law judge, the other is the vocational expert that Social Security has called to testify about available jobs in the local, regional or national economy. The judge will lay out a hypothetical situation based on what he/she believes to be the claimant's ability to perform certain work related activities, such as walking, standing, sitting, reaching, bending, concentrating, following directions, etc.  The vocational expert (who is being paid by Social Security) will give examples of jobs that the claimant could still perform, and tell how many of those jobs exist in the US and state economy. Social Security's regulations require it to use an ancient publicati

MORE ABOUT THE "OTHER WORK" REQUIREMENT

Assuming you meet all the other requirements, Social Security will move to the final 2 steps in deciding whether you are disabled.  I will explain these steps, especially Step 5, which deals with the "other work" issue. At Step 4, Social Security must decide "Can the claimant perform any of his/her past relevant work" or PRW?  This is work you have performed at a full-time level during the past 15 years.  For example, if you have worked as a house cleaner, assembly line worker and cashier during that period, the question is, can you now perform either of those jobs?  If not, you pass the Step 4 test and move to Step 5, the final step. At Step 5, the question is much broader.  "Can the claimant perform any other work that exists in significant numbers in the national, regional or local economy.?  If so, Social Security is find you are "not disabled." It doesn't matter that the "other work" pays much less than the work you are accus

DISABILITY BASICS IN ALABAMA - WHAT ARE REQUIREMENTS? PROCESS?

Let's begin with requirements to qualify for Social Security disability in Alabama: BASIC REQUIREMENTS You have worked enough to be covered by SSDI.  For most people, you have worked 5 out of the past 10 years.  Younger people have different standards. You are not presently working at "substantial gainful activity" (SGA) level.  In 2014, you are not earning at least $1,070 per month before tax or withholding. You have a significant medical impairment (physical or mental) which has lasted or is expected to last at least 12 consecutive months.  (Social Security has no "short term" disability).  This impairment must be medically determinable, that is, can be found and treated by a doctor of medicine, psychologist, etc.  (You do NOT have to be off work 12 months before you file a claim; your condition is expected to last that long).  Social Security determines that you cannot perform any of your past relevant work (work you have performed within the past 15

SOCIAL SECURITY IS LOOKING FOR HUNTSVILLE VETERANS FOR BENEFITS

HUNTSVILLE, AL --  June 19, 2014.  The Social Security Administration is looking for veterans who qualify for disability benefits from Social Security. Even if you currently receive disability benefits from the Veterans Administration, you may also qualify for full disability benefits from Social Security.  This is because US military personnel pay Social Security tax and are covered for benefits. The requirements for obtaining Social Security disability are different than requirements for VA disability.  The process is also quite different.  Being qualified for VA disability does not automatically qualify for Social Security but veterans often qualify for both. Here are some facts that veterans may not know: If you have 100% permanent disability with the VA, there is an expedited process for Social Security claims. The medical requirements for Social Security are different from the requirements for VA disability.  Getting Social Security disability does not reduce your VA

VETERANS AND SOCIAL SECURITY DISABILITY

Veterans may qualify for Social Security disability benefits in addition to VA benefits.  The Forsythe Firm in Huntsville helps many veterans and dependents of military families to obtain Social Security disability benefits. The qualifications for Social Security disability are distinct and different from VA disability requirements.  The process can complex and lengthy. There is an expedited decision making process for veterans who have a 100 percent permanent disability rating from the Veterans Administration.  We are often able to obtain decisions in less than 21 days. The Forsythe Firm specializes in helping Alabama veterans to apply for and obtain Social Security disability benefits.  No charge is made unless benefits are obtained and include retroactive or "past due" benefits. Past due benefits accrue when the adjudication process is delayed or the claim has to go through an appeal to be won. "Our clients never put out-of-pocket money at risk by choosing

SOCIAL SECURITY DISABILITY: GETTING APPROVED IN ALABAMA

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  Alabama is a "prototype state" for disability.  This means if your disability claim is denied you may go directly to the hearing process, skipping the "Reconsideration" process that is required in the 40 other states.  This can save the claimant 3 or 4 months.  Below are the major considerations in an Alabama Social Security disability claim, according to the Forsythe Firm in Huntsville. Insured Status .  You must first be covered under Social Security disability or Title II insurance.  This coverage is obtained by working and paying FICA taxes through payroll deduction. Severity.   You must have a medically determinable impairment that presents symptoms severe enough to prevent you from working, or symptoms which significantly interfere with your ability to work. Duration .  Your impairment must last or be expected to last a minimum of 12 consecutive months, or to end in death. Burden of Proof .  The claimant must prove that he/she is not able to work

ROLE OF THE DDS IN ALABAMA DISABILITY CLAIMS

When you apply for Social Security disability in Alabama your claim is first handled by your local Social Security field office.  Once they have all the initial application forms, they send your claim to the Disability Determination Service (DDS) in Birmingham. The DDS is a state agency that works under a contract with Social Security.  The DDS will gather medical records and evaluate work history and job skills to determine whether the claimant meets Social Security's rules to be disabled. The person who handles your claim at DDS is called a "disability specialist."  This person typically handles about 80 cases at a time.  The DDS process is fairly mechanical.  Sometimes the claimant is sent to a doctor or psychologist for a consultative examination paid for by Social Security.  These consultative exams are rarely helpful to the claimant, a fact we have discussed on a previous listing. When the disability specialist at DDS has worked up the file, it is sent to a me