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

Veterans Disability Huntsville Website   There has been a lot of news lately about problems in the Veterans Administration (VA) and how it is not adequately serving the needs of all veterans, especially the disabled vets. What many veterans should know is that they don't have to depend solely on the VA for financial help.  Disabled veterans are also eligible to apply for Social Security disability benefits, which can pay up to $2,600 per month in cash benefits. Getting Social Security disability benefits will not reduce benefits from the VA.  Veterans who qualify can receive full VA benefits plus Social Security disability benefits. This is because veterans paid into the Social Security disability program during their years of active military service, and afterward.  They are covered by Social Security just as any other individual who paid into the program. In fact, starting in March 2014, Social Security provides an expedited decision making...

Medicare is a health insurance program for the elderly and disabled.  There are two ways in which an individual may qualify for Medicare coverage. The first way is by reaching age 65.  You are entitled to receive Medicare on the first day of the month of your 65th birthday.  You can receive reduced retirement benefits from Social Security as early as age 62 but this does not qualify for Medicare.   The second way to obtain Medicare is to be disabled prior to age 65.  Medicare will begin at the earliest of the following dates:  the date you become 65 years of age, OR 24 months after you qualify for Social Security disability payments. For example, if you were found to have first become disabled under Title II on February 15th, you would not receive payment for the first 5 full months, the waiting period.  Your first date eligible for payment would be August 1st.  24 months later you would become eligible for Medicare (assuming you did not tur...

In a Social Security disability hearing, we often get down to the 5th and final step of the sequential evaluation.  Does there exist any work that the claimant could perform, given his/her specific limitations?   If there is, the individual is not disabled under Social Security rules. Nearly always, the vocational expert present (called by Social Security) will find jobs that the claimant could perform.  One of those jobs that I find particularly irritating is "surveillance system monitor." It is an unskilled sedentary job with low requirements for reading and math.The expert will point out that it requires little or no walking, no lifting, and no bending. In fact, a person can sit down all day and do this job, or alternate betwen stand/sit as he wishes.  The job was last updated in the Dictionary of Occupational Titles (DOT) in 1986, 28 years ago!  So any information given by the vocational witness is out of date! The DOT actually refers to the job a...

advocate, (n) - someone who stands for another and pleads his case; someone who argues in favor of another's point of view, as an attorney or defense counselor A disability advocate is a trained professional capable of dealing with the US Government on behalf of disabled individuals who have applied, or wish to apply, for Social Security disability benefits. Why is an advocate needed?  First, because the laws and regulations regarding Social Security benefits are so massive and complex.  Social Security disability claims are governed partly by the Code of Federal Regulations, Part 404.  They are also governed by the Social Security Act itself, including dozens of amendments.  If your application does not meet the specific requirements established for disability, it will be denied.  70 percent of all disability applications filed in Alabama are denied by Social Security. Another reason you need an advocate is understanding the procedural order of t...

Sponsored by the Forsythe Firm in Huntsville (256-799-0297), here are frequent questions about Veterans receiving Social Security disability benefits.  We hope these are helpful to vets.  Call us if you have a question. Q.  May veterans receive both VA disability and Social Security disability at the same time? A.  Yes.  Veterans paid into Social Security and are covered if they become disabled. Q.  If a veteran is 100% disabled according to the VA, will Social Security automatically recognize that disability? A.  No.  Social Security has its own rules which are not the same as the Veterans Administration.  However, a vet with 100 percent permanent VA disability qualifies for an expedited decision on the Social Security disability claim.  Instead of waiting up to 4 months for a decision, vets may get a decision in a few days. Q.  Will receiving Social Security disability reduce benefits from the VA? A.  No....

Social Security will usually concede that you cannot do any of your past relevant work, but that you can do something .  It's that something (other work) that gets you denied. At a disability appeal hearing, there are 2 central figures besides the claimant and his representative.  One figure is the administrative law judge, the other is the vocational expert that Social Security has called to testify about available jobs in the local, regional or national economy. The judge will lay out a hypothetical situation based on what he/she believes to be the claimant's ability to perform certain work related activities, such as walking, standing, sitting, reaching, bending, concentrating, following directions, etc.  The vocational expert (who is being paid by Social Security) will give examples of jobs that the claimant could still perform, and tell how many of those jobs exist in the US and state economy. Social Security's regulations require it to use an ancient publica...

Assuming you meet all the other requirements, Social Security will move to the final 2 steps in deciding whether you are disabled.  I will explain these steps, especially Step 5, which deals with the "other work" issue. At Step 4, Social Security must decide "Can the claimant perform any of his/her past relevant work" or PRW?  This is work you have performed at a full-time level during the past 15 years.  For example, if you have worked as a house cleaner, assembly line worker and cashier during that period, the question is, can you now perform either of those jobs?  If not, you pass the Step 4 test and move to Step 5, the final step. At Step 5, the question is much broader.  "Can the claimant perform any other work that exists in significant numbers in the national, regional or local economy.?  If so, Social Security is find you are "not disabled." It doesn't matter that the "other work" pays much less than the work you are accus...