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Showing posts from October, 2016

WEIRD JOBS THAT MAY GET YOUR DISABILITY BENEFITS DENIED

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

HOW VETERANS SHOULD APPROACH SOCIAL SECURITY DISABILITY

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

STEP ONE DENIALS

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

IMPROVING THE ODDS FOR SOCIAL SECURITY DISABILITY

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.).