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WILL YOUR DISABILITY CHECK BE STOPPED?

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 incr...

HOW TO USE "OPINION EVIDENCE" TO WIN

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....

SSDI BENEFITS FOR SEIZURE DISORDER

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 WHILE WAITING FOR DISABILITY

"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: ...

CONGRESS PUSHES SOCIAL SECURITY BACKWARD

"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...

ANXIETY, PTSD, DEPRESSION, HEADACHES

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, take...

GETTING SOCIAL SECURITY "BACK PAY"

"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...