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

I speak truthfully when I tell people that Social Security disability is not welfare.  You paid for it, you earned it.  Claim it. Here's why the Social Security disability program is not welfare: 1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned. 2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice. 3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become disabled, money comes out of the trust fund to pay you

With Social Security approval rates as low as 23 percent, is it worthwhile to file a disability claim?  Yes, it is.  Here's why. 1.  The odds of approval double in the appeal process.  If you look at national averages, there's still a 42 percent chance of being approved at your hearing.  My firm has award rates considerably higher than the national average. 2.  The average Social Security disability claim is worth over $400,000 according to one study.  That's a lot of money.  Of course, you don't get this all at once, but still... 3.  Medicare insurance comes with most SSDI claims and is an affordable way to improve your qualify of life by giving you access to better healthcare.  For most beneficiaries, Medicare only costs $134 per month.  You can't buy health insurance that cheap anywhere else.  Now, you can see the doctor again.  By adding Part D, you can also get help with the cost of prescription drugs. 4.   You worked and paid FICA tax (Social Security

Here are the rules for Social Security disability in Alabama. Primary Requirements 1.  You are not now working at substantial gainful employment. 2.  You have not yet reached your full retirement age. 3.  You have 1 or more severe impairments that interfere with the ability to work; this impairment is expected to last at least 12 consecutive months OR to end in death. 4.  You are not physically or mentally able to return to past work. 5.  (Under age 50) - You are not able to perform any other full-tme work which exists in the US economy. Other Factors to be Considered your age your past work experience your level of education your medical treatment records Professionals who assist claimants with disability applications and help get them approved are called "advocates."  They work under an understanding that they only get paid if you win and receive back payments.  If you never get paid past due benefits, the advocate's work was for free and they cannot ch

Spinal disorders are the Number One cause of disability in the United States.  They can make good SSDI cases.  If you have a bad back, you may have a winning claim if you........ a)  Have had an MRI of the spine and it shows bulging or protruding discs or other severe spinal impairments; b)  Have a history of medical treatment for back pain without significant improvement; c)  Get a statement from your orthopedic specialist which lists your restrictions in sitting, standing, walking, bending, lifting and reaching. Your odds will be improved if your past work involved a great deal of standing, walking, lifting and bending.  However, many individuals with bad backs also have trouble sitting for prolonged periods and this can impair the ability to do sedentary type work, as well. Objective medical evidence, including imaging studies are critical.  Social Security does not like to pay for back pain where the cause (etiology) is not clearly demonstrated. But if there is

There are a number of inflammatory bowel diseases which can so interrupt the workday as to make an individual disabled.These would include Crohn’s disease, ulcerative colitis, schistosomiasis and amebic colitis, among others.  Such illnesses are evaluated in Section 5.00 of Social Security's Blue Book. These illnesses may preclude the ability to perform any full-time work because of regular symptoms, including: need to take frequent unscheduled restroom breaks unscheduled time away from work station to use the restroom need for a work station near an always-open restroom gastric pain that interferes with attention and concentration excessive missed days from work due to symptoms medication side effects Judges are usually going to want to see treatment using various medication and to see that the treatment does not eliminate your symptoms. When possible, I also try to get statements from former employers or co-workers about how the symptoms caused problems

The Social Security disability system is a mess! For most people, it's an unknown process.  Don't stumble into it alone. Unrepresented clients (called "unrepped") are not taken seriously.  When you report for your hearing, the first thing the judge will do is offer to postpone until you find an attorney.  That should tell you something! Social Security has the most narrow definition of disability in the world.  It is so narrow, you can barely see light through it.  For most claimants, you have to convince SSA that you are not able to perform any type of work.  And you must produce doctor's records to prove it. You also have to prove the exact date upon which you became disabled.  And you need medical evidence to prove it. If you intend to collect back pay, you had better pay attention to things like:  Date Last Insured, Alleged Onset Date, Substantial Gainful Activity, and a lot more. Claimants who are really disabled can wait 1 to 4 years

The Social Security disability system is a mess! If it worked like it should, you would not need a lawyer or advocate.  You could do it yourself....maybe.  But no more. Unrepresented clients (called "unrepped") are not taken seriously.  When you report for your hearing, the first thing the judge will do is offer to postpone until you find an attorney.  That should tell you something! Social Security has the most narrow definition of disability in the world.  It is so narrow, you can barely see light through it.  For most claimants, you have to convince SSA that you are not able to perform any type of work.  And you must produce doctor's records to prove it. You also have to prove the exact date upon which you became disabled.  And you need medical evidence to prove it. If you intend to collect back pay, you had better pay attention to things like:  Date Last Insured, Alleged Onset Date, Substantial Gainful Activity, and a lot more. Claimants who a

Continuing Disability Reviews (CDR)   by Charles W. Forsythe   If you receive a Social Security cash benefit, you are required to report certain changes that occur.  20 CFR 404.1588 requires you to report to Social Security when a) Your condition improves b) You return to work c) You increase the amount of your work; or d) Your earnings increase Social Security may conduct a review at any time to see if you continue to be disabled.  Social Security may schedule a "diary review" periodically to check on your eligibility to continue receiving benefits.  The following are examples of things that might cause you to be reviewed: 1) Substantial earnings are reported to your wage record. 2)  Improvements in medical technology or treatment raises the possibility of medical improvement. 3) Social Security gets information that you are not following prescribed treatment. 4)  You have returned to work. 5)  Your earnings have increased, if you work part-time.

There are basically two kinds of medical evidence.  One is subjective evidence which includes such things as laboratory studies, X-ray or MRI imaging, biopsy results, etc.  The other type is opinion evidence, which is often overlooked.  Neglecting opinion evidence can weaken your claim and lower odds of being paid. What do we mean by "opinion evidence"?  It is simply your treating doctor's opinion about your medical condition.  Particularly, it is your doctor's opinion about how your condition restricts your FUNCTION--in key areas like standing, walking, reaching, lifting, bending, etc.  We would also want to consider restrictions caused by mental or psychological disorders.  These restrictions might be difficulty concentrating, poor memory, confusion, irritability or mood swings, as examples. At the Forsythe Firm, we always try to get your doctor's medical opinion about how your condition restricts the ability to perform work like activities.  Of course, thi

Epileptic or epileptic-type seizures may qualify for Social Security disability benefits.  Seizures are evaluated under Listings 11.02 and 11.03 in the Social Security "Blue Book," (20 CFR 404, Subpart P, Appendix A). The following are general guidelines for benefits: For convulsive seizures (Listing 11.02) - you must show Daytime seizures that cause you to convulse or lose consciousness OR Nighttime seizures that cause severe complications for you during the day, like problems staying awake, thinking clearly, or coordinating your physical movements. In addition to experiencing seizures that meet this listing, you must also continue to have seizures at least once a month after you’ve been on anti-seizure medication(s) for at least three months. For non-convulsive epilepsy (listing 11.03), you must prove to Social Security that youexperience: Seizures that occur during the day or night AND Cause you to experience pronounced issues after each seizure,

"I need help.  I've filed for Social Security disability months ago.  How can I survive until my case gets settled?" This is a good question.  If you are disabled, not working and have little or no income--survival is the question.  It may take months or years for Social Security to decide your case.  What can you do.  Here are some sources of help you may want to consider: FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  http://www.needymeds.org/free_clinics.taf?_function=list&state=al UTILITY BILLS OR OTHER NEEDS:   Dial 211 on your phone and tell the ope

"Lawmakers in the Congress are convinced that Social Security is awarding too many disability benefits.  They are pushing the agency to deny, deny, deny and are changing rules to make getting disability benefits harder and harder." The media is also fueling the fire with reports about Social Security that are misleading, and in many cases, just outright wrong. A good example is an April 2017 article in the Washington Post which asserts that as many as one-third of working-age adults in rural communities are living on monthly disability checks."  The truth is that data supposedly used by the Post to demonstrate this "fact" simply does not exist. Here is what I think we can expect in the months and years ahead:  Congress will pressure Social Security into new rules that make it more and more difficult to receive disability payments.  You will continue to pay into the federal disability program with less and less realistic hope of getting a benefit if you be

Conditions like PTSD, Major Depressive Disorder, Bipolar, Migraine Headaches, Depression and Chronic Fatigue are sometimes called "invisible diseases."  There are no objective medical tests that prove the existence of these conditions.  Moreover, it is very difficult to medically determine their severity. Social Security judges and decision makers are becoming increasingly more skeptical of awarding disability benefits to claimants based on these conditions.  This is especially true in claimants under the age of 50. If you base a disability claim on these issues, you are going to need big time evidence to prevail.  Here are some things that judges and adjudicators will look for: a long history of treatment by mental health professionals, including a psychiatrist or licensed psychologist.  Seeing a counselor, nurse practitioner or even a family doctor probably won't be sufficient.  a prolonged history of treatment with several prescription drugs, taken according to

"Back pay" accumulates while you wait on Social Security to approve your claim.  Here's what's important: 1.  You must prove that you are disabled according to Social Security's rules.  They have their own rules about disability, and it's these rules that you must use to prove your case. 2.  Back pay depends on your "onset date," that is, the date your disability commenced.  In most cases, benefits can be paid back to your onset date.  Incidentally, the onset date can be earlier than the application date. The earlier the onset date, the more back pay you can receive. Social Security may argue that you are not disabled.  They may also argue that you did not become disabled when you claim you did.  It is necessary to use medical evidence to prove both all aspects of your case, including your eligibility for back payments. Let me use an example. If you allege that you first became disabled on March 1, 2013 (your "alleged onset date

Social Security has many "levels" within its system.  Getting on the right level is critical for success. Here's the best example.  Many people get denied when they file for disability benefits.  They turn around and file a new application, which is also denied.  I've met people who have filed as many as 5 Social Security disability claims--denied one right behind the other.  They are repeating a failed process on the same level, over and over.  It isn't going to work. They should move up to the next level and file and appeal.  The Social Security system is like a ladder.  Rung one is the application.  Rung two is the hearing (appeal).  Rung three is the appeal to the Appeals Council.  Rung four is a lawsuit in Federal District Court, etc.  Where is the greatest chance of success?  The best chance of success is at "rung 2," a hearing with an administrative law judge.  This is where a majority of disability claims get approved. There is a

If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why? Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity ( See definition below)* When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity). Definition of "Residual Functional Capacity' (RFC):  This is the maximum amount of work related activity that the claimant can do:  sitting, standing, walking, pushing/pulling, lifting, bending, etc.  T he RFC is key to getting a favorable decision on

By law, Social Security must use a sequential five-step process in determining if you are disabled and eligible for an SSDI or SSI benefit.  Here is that five-step process. 1.  Are you now working?  Social Security takes the view that if you are engaged in "substantial gainful activity" (SGA), such as a full-time job, you are not legally disabled.  The process ends at Step 1 if you are now working at SGA.  Definition:  "Substantial gainful activity means earning at least $1,070 per month in gross wages, tips, commissions or self-employment income (2017). 2.  Do you have at least one severe medically determinable impairment?  Definition:  A n impairment or combination of impairments is considered "severe" if it significantly limits an individual's physical or mental abilities to do basic work activities. 3.  Does the claimant meet one of the Listings?  Definition:  The Listings may be seen at  https://www.ssa.gov/disability/professionals/bluebook/Ad

New rules by Social Security have clouded the issue of which doctor's opinions get controlling weight.  However, we continue to believe that the opinion of your treating doctor(s) will be very important to the outcome of your claim, especially at the appeal level. For all clients that we represent in Social Security matters, we try to obtain a Medical Source Statement.  The statement is most helpful if it is from.... a doctor who has treated you a long time a specialist in his/her medical field The new rule can actually work in favor of the claimant who doesn't have a long term treating relationship with a doctor.  A thorough examination by a new doctor may convince Social Security of a disability and enable a claim to be paid. You should talk to your representative to arrange for a treating source statement from your doctor, if possible.  I would repeat my precaution once again that a form approved by Social Security will be of much more value than a general lette

Social Security uses an obsolete publication to identify jobs. These jobs can be used to deny disability claims and they are used this way on a daily basis.   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 just a few of the ridiculous jobs that are still listed.   The DOT code number s are 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 j

The "Step One Rule" basically guarantees that a person cannot be approved for SSDI benefits while still working.  You must stop working before applying for Social Security disability. The very first consideration Social Security must make is:  "Is the claimant now working at substantial gainful activity?"  If the answer is yes, a technical denial is called for.  In other words, the claim stops dead in its tracks. What does it mean to be working at substantial gainful activity ?  Social Security defines that as earning at least $1,170 per month in gross wages or self-employment income.  A person who earns below this amount may apply and still be considered.  Earnings of $1,170 per month or more will be disqualifying, no matter your age or medical condition. Let me be clear that this is NOT a limitation on income .  It is a limitation on earned income or wages.  It is really a limitation on working .  Social Security does not allow a person who is working someth

Under 20 CFR 404.1527, Social Security approves certain medical providers as "acceptable medical sources."  These providers can supply medical evidence to Social Security.  Unaccepted medical sources are not given a great deal of weight by Social Security decision makers. The problem is that a lot of people now get their primary medical care from a Family Nurse Practitioner (FNP), not from a medical doctor (MD).  This can cause a problem when the patient tries to file a claim for Social Security disability.  They suddenly find that the nurse practitioner is not recognized by Social Security as an acceptable medical source. Nurse practitioners are required to have a supervising doctor.  We recommend if you see a nurse practitioner regularly, you try to occasionally be seen by the supervising doctor.  Also, any forms filled out by the nurse practitioner should also be signed by the MD if they are going to be used as Social Security evidence. You will run into the same pro

SSI stands for Supplemental Security Income.  It is a program administered by the US Social Security program.  It is based on financial need, not on whether you worked and paid into Social Security. Persons who have never worked may receive SSI benefits if they.... 1.  Are age 65 or over and meet the financial need guidelines, or 2.  Are disabled prior to age 65 and meet the financial need requirements. HOW IS SSI DIFFERENT FROM SSDI ? SSDI (Social Security Disability Insurance) requires a work history and requires payment into the Social Security trust fund.  These payments are called FICA taxes and are most often paid by payroll deductions.  SSI does not require any work or payment of FICA. The monthly benefit for SSI is usually lower than for SSDI.  The maximum federal benefit for SSI in 2017 is only $735 per month for an individual, and $1,102 for a couple.  The SSDI benefit is often higher. As I have stated, SSI is based on financial need but SSDI has no income or re

Claimants who are not represented are not taken seriously at disability hearings. 90 percent of all Social Security disability claimants are represented when they appear for a hearing.  The other 10 percent are simply not taken seriously. Unrepresented claimants may send the wrong message.  They may be perceived to have claims that are so weak that no attorney or representative would take the case.  Even if that is untrue, the impression may be there. Furthermore, most judges will not hear a case without giving the claimant ample opportunity to obtain representation.  This speaks volumes about the fact that unrepresented claimants are at a disadvantage in this legal proceeding. An unrepresented claimant is the only person in the hearing who doesn't know the law, the procedure or the rules of evidence.  The judge certainly will know.  The vocational expert will know.  The medical expert will know.  Enter the claimant who has never been to a hearing before and knows nothing a

Truth is an important ally in a disability hearing.  Judges decide early in the hearing whether they can believe anything the claimant is telling them.  This is called the credibility factor . I have appeared before 35 different US administrative law judges from Alabama to Minneapolis.  They are all very different, yet very much alike.  They are all highly trained, intelligent and savvy individuals who can smell exaggeration and lies a mile away.  They cannot be fooled. Claimants have a lot riding on the outcome of their hearing.  They are nervous, of course, and want the hearing to produce favorable results.  When the judge asks them a tough question, there is a tendency to say what the judge wants to hear.  This will nearly always backfire. Judges tend to ask questions they already know the answers to.  They do it to see if the claimant will tell the truth.  Incidentally, the question may have nothing to do with the case. Here are a few examples of "test questions"