DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

In 2020, the COVID "pandemic" changed Social Security forever.  During the pandemic, Social Security stopped all in person hearings before a judge.  They went to mostly telephone or video hearings. At first, I didn't like telephone hearings.  I wasn't used to them.  But I've been doing phone hearings now for 3 years or more, almost exclusively.  And I have come to like them.  They run just like an in person hearing without the hassle of driving to the hearing location, waiting in the waiting room and going through security clearance. As of November 2024 Social Security has announced that telephone hearings will now be their default and most used option.  Claimants may still request a video hearing or an in-person hearing.  But if no such request is made the hearing will automatically be scheduled as a hearing by telephone.  I usually invite the claimant to my office for the hearing.  I prefer to be with the claimant as they talk to the ...

Since Social Security Disability (SSDI) doesn't allow any benefit for "partial disability," your benefit will not increase because your medical conditions worsens, or because you develop a new condition. If you are receiving SSDI benefits you have already been found fully disabled and are getting all the benefit available. SSDI is a yes or no proposition:  You are either disabled or not disabled.  There is nothing in between. There are other types of disability insurance that give partial benefits based on the severity of the impairment.  A good example is VA disability where the claimant can get 30 percent, 50 percent, or up go 100 percent.  But it's not that way with Social Security. So, in effect, there is no practical way to increase your SSDI benefit once you start receiving it. -------------- The Forsythe Firm, Huntsville, AL.  (256) 799-0297.  Free consultations.  No Risk. 

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...

It's a fact that most Social Security Disability claims must go before an Administrative Law Judge (ALJ) for a hearing to be approved and paid.  This is not the exception; its the rule. If you are considering representing yourself before the ALJ, you need to consider the many technical and legal dangers of doing so.  Most claimants don't know what they will be up against at a disability hearing. 1.  Defending your Alleged Onset Date (AOD).  This is the date you claim your disability began.  It's also the "pay back to date" on your claim.  The onset date will determine how much, if any, back pay you can receive.  This date is often questioned or disputed.  You must know how to defend it. 2.  You must understand your Date Last Insured (DLI) and how it will impact your claim. 3.  You need to understand what "acceptable medical sources" are and the difference between objective medical evidence and subjective evidence. 4.  You must under...

  Claimants go into Social Security disability hearings with legitimate and often serious medical problems.  Yet, they often get denied for SSDI benefits. Why?  Because they fail to prove the SEVERITY of their medical impairment and how it makes it impossible to work a full-time job. I often hear of claimants who look at the "Blue Book" Listings and thing they will be approved because they have one of the conditions shown in the Blue Book Listings.  That is not the proper way to use the Blue Book. The Blue Book is all about SEVERITY of your conditions.  Below each listed impairment in the Listings there are several severe symptoms that must be proven in order to meet or equal a Listing.  I've practiced in the field of Social Security disability for nearly 25 years and have won thousands of cases.  But probably no more than 4 or 5 of those cases met a Blue Book Listing.  The Listings are VERY difficult to meet if you read the fine print. The more c...

 HOW A LAWYER INCREASES YOU ODDS     There are many things a trained disability advocate or lawyer can do for you in a disability claim.  The biggest reason to have a lawyer or advocate is that you are 3 times as likely to be approved when using one. As with all levels of applying for SSI and SSDI, it is not required that you have attorney representation. However, the hearing before an Administrative Law Judge is your BEST chance of being approved for Social Security benefits. During this stage your chances of being approved are highly improved by having an attorney that is skilled with disability law. Only an experienced lawyer or advocate will understand the difficult and confusing concepts discussed at the hearing.  If you don't have a lawyer you will probably understand very little of what goes on at your hearing. Before your hearing your attorney can prepare you for the questions you will be asked at the hearing. A vocational expert will be at the ...

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...

  On October 10, 2024 Social Security announced the Cost of Living Adjustment (COLA) for 2025. The COLA is 2.5 percent. Staring in January 2025 beneficiaries will receive an average increase of $48 per month. This increase is automatic and you don't need to do anything to get it.  By the way, the Part B Medicare premium (the part you pay) has increased for 2025.  The old premium for most beneficiaries was $174.  For 2025 this premium increases to $185 per month.  This premium is commonly deducted from your Social Security check; however, there are other ways that it can be paid.  __________ If you or a loved one need compassionate, effective assistance with getting approved for Social Security disability (SSDI), call Charles W. Forsythe at The Forsythe Firm in Huntsville, AL  (256) 7 99-0297.  Free consultations.  

Let's face facts, about 7 out of 10 new disability claims will be denied initially.  Most claims are now won in the appeals process, not in the application phase.  Is it better to appeal a denied claim or file a new application?  Here are reasons why I think it's better to appeal in most cases: Appeals will not unnecessarily delay your case.  Filing a new application will. The chances are high that a new application will also be denied. The odds of winning an appeal are much higher than a new application. An appeal can preserve your potential back pay; a new claim may not. An appeal does not start over, while a new claim is starting over. The appeal takes your case to a higher and higher review authority; a new claim goes to same agency that denied you in the first place. There could be some unusual circumstances that make a new claim necessary.  But in most cases the appeal is the better option.