Alabama Social Security Disability Guide - by The Forsythe Firm - (256) 799-0297.

Social Security uses an obsolete publication to identify jobs. These jobs can be u sed to deny disability claims.  The publication that Social Security decision makers must use is The Dictionary of Occupational Titles (DOT) , first published in the 1930s and last updated in 1993.  The DOT describes 12,569 jobs.  Many of them are from a bygone era -but they are still in the DOT.   Here are a few of the more ridiculous jobs still found in the DOT.  The DOT code number is given, to prove this is no joke. Horse Identifier   DOT Code 153.387-010 Horse and Wagon Driver  919.664-010 Butter Melter   523-585-010 Animal Impersonator   159.047-018 Bucket Chucker   664.685-014 Belly Roller   583.685-094 Side Splitter   525-684-018 Worm Picker   413-687-010 Egg Smeller   521.687-042 Bowling Ball Weigher   732.487-010 And my personal favorite.... Coach Driver, DOT Code 349.677-014.  The DOT job description reads:  "May clean or polish vehicle

DISABLED VETERANS are often entitled to Social Security disability (SSDI) benefits--in addition to VA benefits. Veterans who became disabled while they were on active duty, whether their impairment is service related or not, may be eligible for SSDI benefits. SSDI benefits are not automatic, the veteran must file a separate application with the Social Security Administration, meet all of their requirements, and go through the separate process.  If their application is denied, the veteran must appeal and appear before an administrative law judge. The Forsythe Firm in Huntsville has extensive experience representing disabled veterans.  There's no cost for our representation until the claim is won and back pay has been collected.  At that point, Social Security will withhold any approved fee and pay us directly.  If there's no back pay, there is no fee. Initial consultations are free and without obligation. THE FORSYTHE FIRM 7027 Old Madison Pike NW "Across from B

What is a Step 1 disability denial? A Step 1 denial occurs when the claimant is not eligible to receive any Social Security disability benefit, even if he is severely impaired. This occurs when the claimant is working at 'substantial gainful activity' (SGA) and earning wages of at least $1, 170 per month, which is the 201 7 definition of SGA.  (The amount is $1, 950 per month fo r an individual who is  statutorily blind). Step 1 of the decision making process asks the question, "Is the claimant now working?"  If so, the process stops at Step 1 and a denial of benefits is made.  The process goes no further. It is the position of Social Security, and written in the federal regulations, that a person who is working at the SGA le vel cannot be disabled.  The work or productivity is the problem.  Social Security views work as prima facie proof that a person is able to work, therefore, not disabled. Here are some questions we get about Step 1 denials: QUEST

In our experience with Social Security disability claims, there are some factors that seem to increase a claimant's odds of being approved for benefits.  Here are some of them: a long, steady employment history; being age 50 or above (though not required to get benefits) ; failed work attempt(s) after the disability onset, demonstrating the desire to continue working;  proper written statements from one or more treating doctors (not just any statement, the proper statement)  Doctors may provide 2 types of evidence.  One is objective evidence, the other is opinion evidence.  Most Social Security cases go to trial with only the routine medical records from the doctors.  This can't be relied on to produce an award.  Opinion evidence, on the other hand, provides the doctor's opinion about how the claimant is limited in the ability to perform work activities (sitting, standing, walking, lifting, bending, concentrating, remembering, regular attendance, etc.). 

Individuals under age 50 will have a more difficult time getting Social Security disability benefits.  There are two reasons.  One, these persons do not have the benefit of the medical-vocational rules.  Two, judges are very reluctant to place individuals on disability.   Some of the things that will make it easier for persons under 50 to be approved include: Consistent Medical Care .  Judges want to see continual medical treatment over a period of time.  Without strong medical evidence, it is nearly impossible to be approved. Support from a Treating Doctor.   Social Security gives more weight to the opinion of a doctor who has treated you over a period of months or years.  One of the best tools you can get is a medical source statement, a document where the doctor describes your specific limitations of functions (walking, standing, sitting, lifting, remembering, concentrating, etc.). Objective Medical Tests . Judges are more likely to award benefits for impairments that can be

1)  At what age may I apply for Social Security disability (SSDI)?  Answer:  Adults may apply any time before your full retirement age.  (If you were born in 1948, for example, your full retirement age is 66).  Children may apply any t ime prior to age 18 .  There are special rules for adults who became disabled prior to age 22. 2)  What monthly benefit may I expect from SSDI?  Answer: The benefit amount will vary based on your average wages and work history.  The maximum monthly benefit in 2016 is $2,639.  The average monthly benefit is $1,166. 3) Can my spouse or dependent children also receive benefits?  Answer:  Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.  4)  Will I get Medicare insurance with my disability benefits?  Answer:  Yes but there is a waiting period.  Medicare s

In about 20 percent of Social Security disability cases, the agency will send claimants to one of their contracted doctors for a consultative examination (CE).  This usually occurs when there is limited evidence from the claimant's own treating doctors. Social Security contracts with doctors in private practice to perform these exams.  Here is generally what to expect at a consultative exam (CE): It will be brief.  The doctor may spend as little as 15 minutes with you.  Usually there are no tests. The doctor has been provided with a checklist of things to look for.  He/She will focus only on what is on the list. CEs are often not helpful for the claimant. Here are a few tips that may help the examination go smoothly: If you cannot attend the examination, call the Disability Determination Service (DDS) which scheduled the exam as early as possible.  This should only be for an unavoidable emergency. Also call the doctor's office.  (The doctor will not call D

For years, the Forsythe Firm has been helping north Alabama residents obtain Social Security disability benefits.  And the firm does not collect a penny unless the client is approved and awarded back pay. This arrangement is called a "contingency fee agreement."  Before a fee becomes due, a contingency must be met.  What is the contingency?  That the client is approved and paid past due benefits, often known as "back pay." The Forsythe Firm does all the work without any guarantee of payment.  The client meets for an interview.  The case is evaluated.  If the firm decides to represent the individual, an agreement is signed.  The local advocate files all applications and forms, gathers medical evidence, develops a theory of the case for the decision makers (shows why it should be approved), appeals any unfavorable actions--and appears at hearings with the client if that becomes necessary.  Only when a retroactive benefit check is issued to the client does a fee be

Most people who apply for Social Security disability these days are represented by attorneys or "advocates" who help them with the pursuit of benefits.  Because the Social Security program is so restrictive, prone to denials, and demanding in terms of proof--claimants usually do not attempt it alone. What are some of the essential functions of the advocate?  I will list a few of the more important jobs: 1.  Deciding whether or not the claimant probably meets the basic rules for Social Security disability benefits.  No one can guarantee that a case will be approved.  But there are some obvious things that make benefits impossible.  For example, if an individual is still working full-time, he or she normally cannot be approved for disability benefits while working.  If there is little or no medical evidence, approval would be very unlikely.  On the other hand, if the claimant meets one of the Listings, there is a high probability of approval. 2.  Decid e wh

Sure, you could call one of those out-of-state 800 numbers for help with your Social Security disability.  But here is what a local disability counselor or advocate should be able to offer you that these 800 numbers may not: a convenient, private, local office in which to counsel you personally and map out a plan to represent you individually. face-to-face meetings anytime you need advice, have questions or need to drop off or pick up documents.  a staff trained and dedicated to providing you with individualized, personal service. prompt return of your phone calls. in person , individualized preparation for hearings, meetings or conferences with Social Security - held with the representative who will actually attend the hearing or conference with you. Frankly, the folks at the 1-800 numbers generally don't have any local offices.  They don't specialize in personal service.  They usually focus on volume--handling as many cases as possible, a kind of wholesale

Social Security disability is awarded base on a claimant's limited ability to function.  It is not awarded based on diseases, but on functional limitations. The primary way Social Security evaluates your functional ability is by a detailed questionnaire that they refer to as "the ADL (Activities of Daily Living) questionnaire.  The official name of the document is the "Function Report." The Function Report is an 8- page document with Sections A-D and it contains approximately 60 questions. I understand the temptation to ignore this form (just not bother with it) or to fly through it quickly because you feel it is a waste of time.  This is a crucial mistake.  You should spend a lot of time with this form.  In fact, this form should be your constant companion for a couple of days until it is completed lovingly, comprehensively, thoughtfully and very, very completely. The Function Report will ask you things like: Do you cook your own food? How lon

7 out of 10 Social Security disability claims get denied.  The most common reason given in the denial letter is: " We have determined that you are not able to do your past work.  However, there is other work which you are still able to perform." We call these "Step 5" denials and they are very common in claimants under the age of 50.  What went wrong?  Here are the common reasons Social Security could not pay your claim: 1)  Your application did not address your vocational restrictions, including your inability to perform any work that exists in the US economy.  If you were employed, for example, as a construction worker for the past 23 years and your doctor tells you that you can no longer do this type of heavy work, it does not mean that you are disabled.  It means that you need a career change.  To get Social Security, you have to prove that even with a career change--and moving to a lighter, easier job--you would still not be able to work. 2)    You may

Unfortunately, disabled veterans sometimes get wrong information, even from Social Security. Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for disability benefits because they are still receiving military pay, or "still working."  However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility. Social Security's website states the following: Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits.  Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your

Social Security disability was set up under the Social Security Act to provide income for workers who became disabled before reaching retirement age.  The program, for the most part, doesn't work.  There are too many obstacles placed in the way.  Here are a few of them.   Obstacle:  The Application for Benefits.  A typical Social Security benefit application package contains at least 38 pages of forms, questionnaires and documents.  Many people simply cannot complete all these forms in a way that allows benefits to be paid.  Social Security will use some of these forms, such as the Function Report, to deny claims. Obstacle:  The Consultative Examination.  In some cases, Social Security will order you to attend a "consultative examination" with the doctor of their choice.  This doctor typically spends about 15 minutes with you and performs no lab tests, X-rays or other diagnostic procedures.  In 90 percent of cases, the doctor will find no significant abn

If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration. You need to have recent work to be eligible for disability benefits.  You must have worked at least 20 out of the last 40 quarters, or more simply put, you must have worked 5 out of the last 10 years. If you stopped working at a job that pays FICA tax more than 5 years ago, you will not be able to get disability benefits, no matter how much you paid into the system.  That money remains in the trust fund (pool) until you reach retirement age. Your Date Last Insured (DLI) is the date you stopped being insured for disability claims with Social Security.  If a disability begins after the DLI, it is not covered.  This is one more good reason not to delay in filing a claim as soon as you feel you have become disabled.

No matter how long you have worked, if you stop working your Social Security disability coverage will disappear in about 5 years. Let's say you have worked for 20 years and paid into the Social Security disability system (mandatory for most workers).  After 20 years you stop working, even though you are only 40 years old. If you file a new disability claim more than 5 years after you stopped working, you will find that you are no longer covered and no benefits are available, no matter how sick you are.  The date you are last covered by the Social Security disability program is called the Date Last Insured (DLI). Coverage under the Social Security disability program is earned by working and accumulating "quarters of coverage."  In 2016, a quarter of coverage is any calendar quarter in which you worked and earned at least $1,260 during the quarter.   ____________ QUESTIONS: If I begin receiving a disability check, will that check stop 5 years after the date I qu

(March 17, 2016) -  The Social Security Administration just published SSR 16-03p, Evaluation of Symptom s, replacing an older ruling about how administrative law judges must evaluation a claimant's symptoms. The new ruling states that a claimant's credibility is not considered when evaluating symptoms. This is a remarkable change in policy for Social Security judges. In my view, this new ruling can hurt claimants with sparse or inadequate medical treatment.   Many of my clients cannot afford regular medical treatment because they have no insurance and can't afford frequent visits to the doctor. However, this ruling emphasizes what we have been saying:  It is very important to find a way to get to the doctor and build a solid medical record.  My office can sometimes help patients find a community clinic or doctor who will treat them at a reduced cost. WWW.ForsytheFirm.com

Here are some of the critical steps or "milestones" in getting approved for Social Security disability benefits in Alabama:   APPLICATION - File an application (with many related forms and questionnaires) online, at a Social Security office, or through your attorney or representative.  It takes about 4 months to get an initial decision.  Don't skimp on the information you provide.  Fill out all the lengthy forms and questionnaires in detail, leaving nothing blank. APPEAL:   If you are unfortunate enough to fall into the 70 percent who get denied, this is disappointing but not unusual.  You have 60 days (and 60 days only) to ask for a hearing (appeal).  You do not have to get ready for the hearing within 60 days but you must ask for the hearing within 60 days or your claim dies and cannot be appealed later. HEARING:  A special judge called an Administrative Law Judge (ALJ) will schedule a personal hearing in which you and your representative will appear.  Note:  It o

Here are some things I say to my clients who are trying to get Social Security disability: Social Security disability is a last resort.  Avoid it if you can.  If you can't, be prepared to fight for it. You will be examined, questioned, poked, prodded, cross examined and scrutinized as never before in your life, probably. It usually takes a long time to get benefits. I can help you but I cannot put a rush into the Social Security system. Social Security is a dinosaur with a fire under its tail.  It cannot move quickly. Be absolutely honest with yourself, your representative and the system.  It will save us all a lot of grief. Unless you have a terminal illness, no one can guarantee that you will be awarded Social Security disability benefits.  Each case is different.