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Showing posts from March, 2016

VETERANS MAY GET WRONG INFORMATION ABOUT DISABILITY BENEFITS

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

THE SOCIAL SECURITY OBSTACLE COURSE

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

"RECENT WORK TEST" FOR SOCIAL SECURITY DISABILITY

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.

AFTER 5 YEARS OF NO WORK, DISABIITY BENEFITS EVAPORATE

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

NEW SOCIAL SECURITY RULING - HOW IT IMPACTS YOU

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(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

GETTING DISABILITY: IMPORTANT STEPS

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

WHAT I TELL MY DISABIITY CLIENTS

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.

WHAT IT TAKES TO WIN DISABILITY BENEFITS IN 2016

In 2010, 62 percent of persons who went before a judge got their Social Security disability benefits.  In 2015, that number was 42 percent.  It's harder than ever! In 2016, here is a very general idea of what you must prove to get disability benefits: AGE 50 OR OVER - You must prove that you are unable to perform any job that you have held within the past 15 years--called your "past relevant work."  You must have objective and convincing medical evidence to prove this. UNDER AGE 50 - You must prove that you can't perform any of your past work but also that there is NO WORK (of any kind) in the US economy that you can perform.  This includes light and sedentary work and unskilled, minimum wage types of jobs. The 2 best reasons not to walk into a disability hearing alone?  An administrative law judge and a vocational expert.  These are trained, experienced professionals. While they will try to give you a fair and thorough hearing, if you aren't familiar wit

WHAT A LOCAL ADVOCATE SHOULD OFFER YOU

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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 preparation for hearings, meetings or conferences with Social Security - held with the representative who will actually represent you at the hearing. Frankly, the boys 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 approach to the business.