Posts

CAN A DOCTOR APPROVE YOU FOR DISABILITY PAYMENTS?

I read an article written by a poorly informed reporter about how many people are on Social Security disability down in Hale County.  This reporter seemed to have the idea that a certain Dr. Timberlake down in Hale County was signing up people left and right for disability benefits.  The impression was that since there are few jobs in Hale County outside of manufacturing and farming, people with back pain can't do those jobs; therefore, the doctor finds that they are disabled.   As I said, the writer of this article was poorly informed.   Let me quote from the federal regulations which govern how Social Security treats opinions furnished by doctors:   We will not give any special significance to the source of an opinion on issues reserved to the Commissioner described in paragraphs (d)(1) and (d)(2) of this section.  (20 CFR 404.1527(2)(d) ). If you read the entire section of 20 CFR 404.1527, you will see that decisions about who is disabled...

MAKE THIS DEAL WITH YOUR DOCTOR

The attorney who represents you for Social Security benefits cannot charge you a fee unless your case is favorably decided and results in past due benefits.  Also, the government will set the maximum fee that is allowed. Each fee must be approved by Social Security individually.  It is against the law to charge more fee than Social Security approves.  The attorney often waits 18 to 24 months to get paid.  Now, let's try this same arrangement on your medical doctor. Doc, I will pay you a fee - but only if I completely recover.  If your treatment doesn't totally cure me, I owe you nothing.  The maximum fee you can charge to treat me has been set by law.  A group of attorneys will review and approve your fee to be sure you don't charge me too much. You have to fill out several pages of complicated forms to get your fee approved. You won't get paid by most of your patients.  However, you will eventually collect some fee from about 40 pe...

SACK MENDER AND OTHER OBSOLETE JOBS

At Social Security hearings, the judge must determine whether there are any jobs available in the US economy that the claimant might be able to perform considering his age, education, past relevant work experience and residual functional capacity.  To make this determination the judge will obtain testimony from a "vocational expert." The other day, when we came down to step 5, the judge asked the vocational expert for a list of jobs that my client might be able to perform.  I thought I had heard all the unlikely jobs--silverware wrapper, worm catcher, egg breaker, surveillance system monitor...  But on this day, the expert jolted me with a job I'd never heard of before:  Sack mender. Sure enough, looking at the Dictionary of Occupational Titles (DOT) , the job exists--or at least it once existed.  The DOT Code is 782.687-046.  Alternate job titles are bag patcher and sack rapairer .  It's listed as a sedentary job with an Specific Vocational Pre...

WHY CHOOSE THE FORSYTHE FIRM FOR YOUR DISABILITY REPRESENTATIVE?

Image
The Forsythe Firm is an experienced advocate for Social Security disability claims. The Forsythe Firm specializes in Social Security disability and practices in no other area. The Forsythe Firm will help prepare your application and supporting forms for you. The Forsythe Firm never charges a fee unless you win and recover back pay. The Forsythe Firm is a locally owned and operated professional firm. The Forsythe Firm has a good track record of winning disability claims. The Forsythe Firm is conveniently located across from the Bridge Street Center. The Forsythe Firm will appeal any unfavorable decisions and go with you to hearings. The Forsythe Firm receives approved fees by direct payment from Social Security* The Forsythe Firm charges you no upfront fees, deposits or expenses. To make an appointment for a free consultation, case evaluation, or just to get questions answered about a disability claim, please contact us without cost or obligation. C...

DOCTORS WHO WON'T HELP IN YOUR DISABILITY CLAIM

Image
Doctors can be mean when it comes to helping their patients prove that they are disabled. Usually, this is a time saving decision or the doctor misunderstands his role in the disability decision-making process. Most doctors will provide medical records, a bare minimum necessity.  However, medical records alone are not enough to prove disability because they don't address any functional limitation. My firm will usually ask the client's doctor to provide a professional opinion about functional limitations, using such forms as HA-1151-bk.  If the doctor will complete this form it is often an enormous help in proving the disability claim. We never ask a doctor to state that the patient is disabled.  That decision is reserved to the Commissioner of Social Security.  We do ask the doctor for certain medical opinions based on treatment history, examinations, imaging studies, laboratory reports, prognosis, etc.   What can you do if your doctor will...

THE DURATION REQUIREMENT

Here is an example of a person who was disabled but did not qualify for any Social Security disability benefit: Ann was in a bad automobile wreck on July 4th and broke her right arm, fractured bones in her shoulder and herniated a disc in her neck.  She spent 10 days in the hospital where orthopedic surgeons repaired the cervical disc and shoulder.  She wore a cast on her arm for an additional 6 weeks.  Ann went to physical therapy 3 days per week for 4 months after leaving the hospital.  Her doctor did not release her to go back to work until May 1 of the following year. After such a serious injury and after being unable to work for almost 11 months, why would Ann not be eligible for Social Security disability during the time she had to be off work? The answer is, because of the duration requirement .   Under Social Security Rule SSR 85-52, unless your impairment is expected to end in death, it must last or be expected to last for 12 consecutive mo...

BASIC DEFINITION OF DISABIILTY

Social Security uses a pretty basic definition of disability.  In very general terms, you are disabled if you are unable to perform any full-time work activity on a persistent basis because of a medically determinable impairment and this condition has lasted or is expected to last for 12 consecutive months or more. Some of the particular questions I would explore with a potential disability claimant would include:   Are you able to work 8 hours a day, 5 days a week, persistently--week in and week out? Are you able to perform a job up to 2 hours at a time without a break? How many days per month would be have to be absent for medical reasons? Are you able to concentrate or pay attention well enough to do work activities up to 2 hours at a time and 8 hours per day? Do you have to lie down at unpredictable intervals during an 8 hour day? Do you have pain levels that often interfere with your ability to work full-time? Are you taking medications that make you groggy, dro...