DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

I cringe when someone asks, "How long will it take to get my Social Security disability?" The real answer is:  it varies but it usually takes a long time. I posed this question to the internet yesterday.  It said that a decision typically takes 3 to 5 months.  A joke. Prior to the pandemic in 2020, you might actually get a decision in 3 to 5 months.  But starting in May 2020 when COVID became widespread, Social Security took actions that virtually blocked disability applications.  The wait time for a decision steadily rose--to 6 months, to 8 months, to 10 months, and up to 12 months or longer. Unfortunately we are still seeing a wait time of 8 to 12 months in Alabama, even longer in Tennessee.  In rare cases, we have seen it take 18 months or longer. A lucky 20 to 25 percent of claimants will get a favorable decision in the first stage of decision making.  However, there is about a 75 percent denial rate.  It's not that 75 percent of claimants are...

The US Social Security Administration (SSA) is the largest agency in the United States government, apart from the military.  Yet, the Social Security Administration does not make the decision about whether you are disabled when you apply for disability benefits. The SSA will send your application to a state agency for a decision.  In Alabama that agency is the Disability Determination Service (DDS) in Birmingham, AL. Your Social Security office will gather all the forms and basic information from you, the claimant, then send it to the DDS in Birmingham.  The DDS will order medical records from your doctors and other providers.  It will spend the next 5 to 12 months reviewing your application to determine if you meet the requirements for an SSDI benefit.  Often, the DDS will send claimants to a consultative examination with an approved doctor before making a decision.  The DDS will also flood the claimant with additional forms to complete, such as a Work His...

A lot of  people go into debt after becoming disabled and waiting on their Social Security benefits.  But what about after you receive disability benefits?  Many people get tens of thousands of dollars in back-pay or past due benefits eventually.   Can legitimate creditors seize your Social Security payments to collect on past due debts? Generally, no, they cannot.  But there are some exceptions:  Creditors may go to court and collect Social Security funds to pay for: Tax debt Child Support Federal Student Loans Other past due debts to the US government, including certain federally guaranteed loans, etc. Some debts that cannot seize your Social Security money include:  credit cards, car loans, rent, most conventional home mortgages, bank loans, insurance payments, payday loans, consumer loans, etc. One Piece of Advice for Handling Your Social Security Money: It's best to deposit your Social Security benefits into a dedicated account that receive...

Working after you begin receiving Social Security disability benefits is risky. You are allowed to work a minimal amount while receiving Title 2 or SSDI benefits.  Technically in 2024 you must earn less than $1,550 (gross) per month from any personal work activity, including self employment.  If you earn more Social Security will consider you "working at Substantial Gainful Activity" and discontinue your benefits, unless you have signed up for the "Ticket to Work" program through Social Security. I want to be clear:  This $1,550 is the beneficiary's earnings limit.  It does not apply to such things as spouse's earnings, investment earnings, disability benefits, etc.  It is not the income that jeopardizes your disability benefits, it's the work .  Social Security will not allow an individual to work and earn $1,550 or more while getting disability benefits.  What about part-time work that pays less than $1,550 per month?  That is technically all ...

WHY YOU SHOULD APPEAL YOUR DISABILITY DENIAL 1. The decision is probably wrong.   The majority of denials are based on bad decisions, failure to believe clear evidence and bias against the claimant. 2.  The majority of denials are overturned on appeal. A large percentage of Social Security denials are eventually overturned on appeal and benefits are awarded.  This may take a hearing before a federal judge - but you can probably win. 3.   The initial decision making process if highly flawed. Almost 80 percent of Social Security disability applications are denied.  There are all kinds of reasons why this happens.  Errors have probably been made by the applicant and by disability decision makers.  Decisions should be given a second and third look in the appeals process. 4.  Look at how many denials turn into approvals in the appeals system: The "reconsideration" process will approve about 12 percent of denials. The hearing process will allow awards...

Social Security Rule 16-3P (SSR 16-3P) provides guidance to judges when evaluating medical signs, laboratory diagnostic findings and symptoms.  Administrative law judges (ALJs) hold hearings on claims that have been denied at the application level and again at the "reconsideration" level.   The following are 3 very specific things the judge will consider: Medical signs: These are observations made by a doctor during a medical examination. They could include visible signs of a condition, such as swelling or redness, or other indicators like abnormal heart or lung sounds. Laboratory diagnostic findings: These are the results of medical tests, such as blood tests, imaging studies (like X-rays or MRIs), or other diagnostic procedures. These findings provide objective evidence of a medical condition. Symptoms : These are complaints reported by the claimant. Symptoms can include pain, fatigue, shortness of breath, or any other subjective experience related to the clai...

What's the most common response to a greeting, "How are you doing?" "I'm doing fine," or "I'm all right."  We all say that.  And no one pays much attention, except Social Security when they review your medical records. The doctor rushes into the little exam cubicle on the day of your appointment and casually says, "Hi, Mr. Patient, how ya doing?"  You reply, "Doin' just fine, Doctor." Here's how I've seen innocent remarks that used in Social Security decisions: "The claimant saw Dr. Peter Feelbetter on 5/3/23.  He told the doctor that he was doing fine.  He made no complaints of pain or difficulty with activities of daily living.  The doctor found normal respiration, normal  cardiovascular function and there was no sign of deformity to the spine. or joints. Reflexes are +2 in all extremities.  The claimant was able to get on and off the exam table without assistance. " Let me say, you should be absolute...

YOU CAN LOSE YOUR SOCIAL SECURITY DISABILITY BENEFITS   The surest way to lose your Social Security disability (SSDI) benefits is to discontinue regular medical treatment.  You stop going to the doctor(s), discontinue your prescribed medications or fail to leave a good paper trail of medical documentation. Remember that Social Security doesn't know you.  You are a collection of data points to them.  Mostly, they will go by your more recent medical records to determined whether you are still disabled.  If there are no recent medical records to document your disabling conditions, then Social Security assumes (yes assumes) that you are no longer disabled under their rules. Individuals give many reasons as to why they gave up medical treatment: My doctor told me there's nothing else she can do for me. It just got too expensive. I'm afraid of taking so much medicine. I feel as well without treatment as I did with it. I lost my insurance and I just can't afford it. Th...

"Where's the beef?" I really loved that old hamburger commercial and I hope you remember it.   What brings it to my mind is a paraphrase we sometimes use around the office.  We have a Social Security disability claim that looks pretty promising but we have to stop and ask ourselves:  "Where's the beef?" That means, "Where's the evidence?"     We know that we must have objective medical evidence to prove the case. This evidence comes from treating physicians, clinics, hospitals, psychologists or other professionals who have examined the claimant and documented 3 things about his/her condition(s)..... 1.  Severity 2.  Longevity 3.  Credibility Objective medical evidence is based on fact, not opinion.  It is fact based evidence based on a doctor's treating relationship, examinations, imaging, laboratory  tests and professional observations. Unfortunately, we sometimes see potential claimants who really are disabled and should receive a dis...

My name is Charles Forsythe and I am a professional disability specialist with the Forsythe Firm in Huntsville, AL.  Many times we get the question, "What type of Social Security disability impairments do you handle? The answer is, we handle any type of physical or mental impairment that we feel meets Social Security's criteria for disability payments. We have won awards on a wide variety of impairments ranging from depressive disorders to heart failure to migraine headaches. Some of our recent wins have been for back or musculoskeletal problems, neuropathy, migraine headaches, chronic pain, chronic kidney failure, brain tumors, degenerative arthritis in the hands, knees or hips.  We've had dozens of wins with mental disorders, including PTSD, cognitive decline, depression, anxiety, agoraphobia and autism spectrum disorder. Among the most unusual impairments we have handled are:  gastroparesis, lime disease, and  hemolytic anemia, to name a few. Of course, a claiman...

After your Social Security disability hearing, the administrative law judge will make a decision within about 60 days.   However, you won't get the decision at that time. After a decision has been made, it goes to a process called decision writing.  Here, an attorney or assistant will write the judge's decision into the proper format and give the legal reasoning behind the decision.  This decision writing  process usually takes another 30 to 60 days. Neither you or your attorney can see the decision while it's in the writing process, so you can't know if you are approved or not. When the decision writing process is complete and the judge signs the decision, a letter will be sent to you and your attorney/representative in the mail.  So, from the time of your hearing, you could wait another 90 days or more to receive the decision.   We assume here that there are no outstanding or post-hearing requirements that will delay your case.  Sometimes, there may ...

  6 MISTAKES THAT KILL YOUR DISABILITY APPLICATION Social Security disability insurance (SSDI) is a very complicated and complex process that can be absolutely overwhelming.  Even completing the application can be a challenge.  Here are 6 mistakes that can wreck your application and result in denial : Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.  Do not leave anything blank. Incorrect Information —If the form asks you for your doctor and you put the wrong name down, then your case reviewer isn’t going to be able to confirm the medical diagnosis that proves you have a disability. Provide detailed contact information for every doctor or medical professional, right down to the zip code.  Make sure yo...

Once  Social Security receives your application for disability benefits they will obtain and review your medical records.  Sometimes they may feel that they don't have enough information to make a disability decision.  You can be sent to get an exam by a Social Security approved doctor.  This is called a consultative examination (CE).  This exam will be provided at no cost to you.  A consultative exam (CE) may be a physical exam, a mental exam or a cognitive exam.  It will usually take place in your hometown or nearby. The doctor who examines you will be a neutral finder of fact--neither trying to help or hinder your case.  This doctor will report his/her findings to Social Security and the exam results will be used to further evaluate your claim. It has been my experience that consultative exams are not usually conclusive:  they neither prove or disprove your disability.  And even if the exam is favorable, it doesn't mean that Social Se...

Social Security uses a 5-step process to decide whether you are disabled: 1.  Are you now working at  substantial gainful activity (SGA), earning at least $1,470 per month (or $1,550 per month in 2024).  If so earn that amount or more from work  you are not disabled and will be denied at Step One. 2.  Do you have a medically determined severe impairment that has lasted or will last for at least 12 straight months (or end in death)? 3.  What is your Residual Functional Capacity?  This means how much work activity are you still able to perform in spite of your impairments/conditions?   4.  Are you able to perform any of your Past Relevant Work?  They will look at all full-time jobs you have held during the most recent 15 year period.  If they find you are still able to perform even 1 of those jobs, you will be denied at Step 4. 5.  Is there any other  work in the national economy that you are still able to perform consi...

VIEWING SOCIAL SECURITY AS AN INSURANCE PROGRAM The Social Security disability insurance (SSDI) program works very much  like other insurance, much like your auto insurance or homeowners insurance policies.  You pay a premium to be covered, then you may file a claim if you meet the terms of the insurance.  So, SSDI is insurance that you have paid for, just like you pay for your auto or homeowners policies. Here's how it works: During your working years, you paid into a mandatory government disability insurance program administered by the Social Security Administration (SSA).  With each paycheck you earned, your employer deducted FICA tax under the (Federal Insurance Contributions Act)--which is the tax that pays for Social Security benefits.  The withholdings are matched dollar-for-dollar by your employer and sent to the Social Security trust funds where they provide disability and retirement insurance coverage for you. After you have paid your FICA taxes long...

FAKE EMAILS TRYING TO STEAL FROM YOU "Your delivery has failed....." "Do you still want your package...?" One of the latest email scams going around today.  You get an email that starts, "Your FedEx delivery has failed....:  Or, "Your package cannot be delivered...."  I received one today that read:  "Your package has made it to the post office but an incomplete address won't allow delivery....." Millions of these fake emails are being sent out to lure victims into calling or clicking an internet link about their failed "delivery."  These fake emails are not from FedEx, UPS or the USPS-- or other legitimate companies.  Most of them originate overseas from scammers who just need to make contact with you.  Then, they go after your money. The scam usually plays out like this, although there are many variations: 1.  You contact the scammer and are given an email address to contact about your fake "package."  You go to t...

  Nothing good happens by accident in a Social Security disability claim. The disability claim process is overwhelming on so many levels.  Tons of forms to fill out, interv iews, confusing terms, delays..... You should streamline your application for the best chance of success: 1. Check Your application forms for errors.   Have your spouse or a family member check over your application forms for completeness and accuracy.  You will be amazed how many errors someone else may find.  And completeness is essential.  Items often missing from the application include: Dates, such as dates of medical treatment, doctor's visits, etc. Addresses:  for each medical provider and each former employer. Detailed job descriptions on your Work History Report. Details about specific requirements of all past jobs (on the Work History Report). Specifics about how your daily activities are limited by your medical or mental impairments (on your Function Report) A list of all...