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SO, SOCIAL SECURITY WANTS A CONSULTATIVE EXAM

Many times, after you apply for Social Security disability, SSA will write you and ask you to report to a certain doctor for a consultative examination.  At this exam, paid for by Social Security, a doctor working under contract with the SSA, will perform an examination to determine the extent of your medical impairments. Many claimants wrongly assume that this doctor will find evidence of an impairment that will help win their case.  Not likely.  Unless you are paralyzed, confined to a wheelchair, require oxygen 24/7, or have some other catastrophic, obviously serious impairment, the consulting doctor will probably fail to find any disabling conditions. Here are some of the factors that I generally assign to explain the fallacy of consultative examinations by Social Security doctors.  I say in general because there are exceptions.   The doctor will probably spend 5 to 15 minutes with you.  He turns out patients like an assembly line....

FIND SOCIAL SECURITY'S TELEPHONE NUMBER

For some reason the telephone number for Social Security offices can be hard to find.  For the benefit of our readers, the Forsythe Firm has listed some of the most requested Social Security offices in North Alabama - and their telephone numbers.  Most offices are open 9 AM to 3 PM, except Wednesdays - open each Wednesday from 9 AM to noon. Athens Social Security office - call the Decatur, AL office at 888-289-9185 (There is no office in Athens). Florence Social Security office - 855-884-3407 Huntsville Social Security office - 866-593-0665   Decatur Social Security office - 888-289-9185 ------------------------------------------------ For help with a Social Security disability claim, call the Forsythe Firm - disability advocates - at (256) 799-0297.   Note that the Forsythe Firm is not affiliated with the US Social Security Administration.

2 THINGS YOU CAN WHEN SOCIAL SECURITY DENIES A CLAIM....

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When Social Security denies you disability claim there are 2 things you can do:  give up or fight.  We are here for those who won't give up. Unfortunately, the state agency that takes the first look at Social Security disability claims denies 70 percent of them straight out.  The claimant gets a letter with a very simple, if incorrect, statement:  "You do not qualify for Social Security disability benefits.  This is because you are not disabled under our rules." The fact is, that statement is just plain wrong in at least 50 percent of cases.  The truth often is, somebody evaluated the claim wrong, came to an erroneous decision, failed to apply the law correctly, or did not have all the medical evidence to make a decision.  Can these erroneous decisions be corrected? Yes!  That's why Social Security has an appeal process.  In Alabama, we take a hard look at why that claim got denied.  If there is no good reason, we begin the appeal ...

DISABILILTY TERMS - WHAT DO THEY MEAN?

"Each profession speaks to itself in its own language," someone said.  This is true of Social Security disability.  When a group of Social Security attorneys, advocates, judges or case workers get together, it may sound like they are speaking a foreign language. I thought it would be good to list and define a few of the terms and definitions that we hear in Social Security lingo.  So here goes: Some basic disability terms and what they mean Alleged Onset Date or AOD - the date at which the claimant says he/she first became disabled.  This need not be the date of the disability application, but may be an earlier date. Amended Onset Date - This is a change of the date in which the claimant alleges to have first become disabled.   Established Onset Date - is the date Social Security finds an individual to have first become disabled.  It may be the same as the alleged onset date, or it may be different. Residual Functional Capacity (RFC) - ...

When a Representative May Charge You a Fee

The fees that may be charged by Social Security representatives are highly regulated by Social Security law. Generally, you can only be charged a fee if you claim is successful.  And only then if you are paid past due or retroactive benefits.  "Back pay," as it is also called, accumulates when your case drags on a long time, usually  because it was denied and had to be appealed.   A US administrative law judge must first approve the amount of the representative's fee before it is paid.  There is a maximum (cap) applied to the amount of fee that may be charged.   Actual out-of-pocket expenses may be charged, however, and there is no legal requirement that those expenses apply only to successful cases.  I am not aware of any representatives that pass on expenses for cases that are not successful but it is not prohibited. -------------------------------------------------- THE FORSYTHE FIRM www.Get-SS.com 7027 Old Madison Pike, Suite 108 Hu...

How Your Age Affects Your SSDI Claim

For disability applications, Social Security uses the following age categories: 18-44 - a younger individual.  A claimant would either need to meet one of the Listings or show that he cannot perform even sedentary work.  If an individual does not meet or equal a Listing, can perform even sedentary work and is able to read and write English (even with a poor education) he will have a difficult time winning an award at this age.  Exceptions would be if the claimant has an extremely catastrophic illness, severe mental retardation, or if he/she meets a listing. Ages 45 - 49 - still a younger individual but Social Security realizes that the occupational base may be somewhat more limited for persons who are age 45 and over.  If the applicant does not meet or equal a Listing, is limited to either light or sedentary work and is literate (reads and writes in English) - he will likely be found not disabled.  There are exceptions for profound conditions which sever...

WHAT'S THE MAXIMUM SSDI DISABILITY BENEFIT?

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In 2013 the maximum monthly benefit for Social Security disability is $2,533.  The maximum federal benefit for Supplemental Security Income is $710 per month. (Some states add a small state benefit to the federal amount).  If a claimant is receiving at least $710 per month from SSDI, they will not qualify for additional SSI benefits. The amount of the SSDI monthly payment is determined by how much you have worked and the amount of your wages over the last several years.  Persons who have worked recently and have earned higher wages will receive a larger monthly benefit.  In order to be covered by SSDI, however, an individual must have the required minimum "quarters of coverage."   For disability coverage under Social Security, a worker generally needs to have 20 quarters of coverage during the last 10 years and be fully insured.  In 2013, earnings of $1,160 in a quarter satisfy the requirement for one quarter of coverage.  For past years, the amoun...