DISABILITY: CUTTING THROUGH THE 2023 BACKLOG

Very Tired And Exhausted Businesswoman, Sitting At Table, Flood With Paper Sheet, Concept In Overworked, Too Much Working, Deadline. Outline, Line Art, Hand Draw Sketch, Simple Design. Royalty Free SVG, Cliparts, Vectors,

The Social Security Administration says there are now more than 1 million disability claims backlogged in the United States.

The five states with the biggest DDS backlogs are Texas (101,841), Florida (95,168), California (66,331), New York (44,051), and Georgia (42,047). In Alabama the backlogs are equivalent to more than five cases pending per every one thousand residents in the state. (That's about 270,000 cases)!

An individual Social Security case worker once handled about 80 cases at one time. But that worker is now handling up to 280 cases at one time. No wonder we wait so long for a decision. There are claims from 2021 that are still "pending."

WHAT YOU CAN DO AS A CLAIMANT?

No one can solve the government's problems, of course. The huge backlogs are not just because people are filing more claims. It began with COVID in March 2020. The government shut down virtually every Social Security office in America. They were closed for 2 years, finally starting to reopen in March 2022. There are inadequate budgets to operate the state agencies like Disability Determination Services and to hire and replace Social Security employees--creating a severe manpower shortage.

If you are stuck in limbo waiting months on end for a decision on your claim, we recommend you do the following things, which may help:

1. Call the Disability Determination Service (DDS) in your state about once a month and get a status. Find out if your doctors are sending the medical records needed. Are there any other unnecessary delays? If so, help solve them. UPDATE: These offices now seldom answer the telephone. It rings and rings, no answer. The lights are on but nobody's home!

2. If you are unrepresented, update Social Security (DDS) on your updated medical information: new doctors, hospitalizations, new diagnoses, hospitalizations, ER visits, recent medical tests, etc. Social Security has no way to know about your changing medical information unless YOU tell them!

3. If you are represented by an attorney or advocate, let that person know about your updated medical information.

4. Be careful to return any and all forms that are mailed to you. Just one missing form, waiting for your signature or reply, can delay your claim by months.

5. Promptly attend any medical or psychological consultative examinations that Social Security sets for you. If you miss one of these exams (for any reason) it will take weeks or months to get the exam rescheduled, and in many cases it will never be rescheduled. This may hurt your chance of an approval. (Social Security accepts no excuses for missing an appointment).

6. Try to get your doctor to provide you with a Medical Source Statement or Residual Functional Capacity form that shows the specific reasons you can't work. These forms must show specific limitations/restrictions on your ability to perform work-like activities. You will want to present the form to your doctor and you will submit it to Social Security when it is complete.

"AT THE DISABILITY DETERMINATION SERVICE IN ALABAMA, THE LIGHTS ARE ON--BUT NOBODY'S HOME."

If you are unrepresented, we would be glad to discuss how we may assist with your disability claim. It's free to talk to us and if we represent you we will never charge a fee until you win your claim and receive the past due payments due to you. If you don't win, you never pay a fee or for any expenses.

_______

The Forsythe Firm, 7027 Old Madison Pike NW, Huntsville, AL 35806.

We handle nothing but Social Security disability and we've been doing so for 20 years!

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1. Medical Evidence. 2. Medical Evidence 3. Medical Evidence 4-10 Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits. A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal. Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully: "The path to Social Security disability benefits runs straight through your doctor's office." Being approved for an SSDI benefit requires objective medical proof. ...

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed. It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions: Following your hearing, the Administrative Law Judge (ALJ) r...

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing: Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months. Who decides if you are able to work? The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process. It's important to understand these 5 sequential steps. STEP 1: The work Test . Is the claimant now engaged in Substantial Gainful Activity (SGA)? If yes, the claim is denied at Step 1. They look no further. You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition. (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2. The Medical Requirem...

DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

Search This Blog