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Showing posts from November, 2024

SUBSTANTIAL EVIDENCE OF DISABILITY

  Social Security cases fall within the realm of administrative law. Administrative Law Judges (ALJs) are allowed great discretion in their decisions by something called a “zone of choice.”   The judge may reach any conclusion as long as it is based on “significant evidence.”   Yet there are other rules which prohibit decisions with an inadequate basis in the record, or ignoring evidence.  In Buxton v. Halter , a federal court reversed the ALJ’s decision but stated “Substantial evidence is “ ‘more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ”Thus, the findings of the Social Security commissioner are not reversible by the courts if the judge based the decision on substantial evidence.. However, there are limits.   An administrative law judge may not ignore plain evidence but must give it fair consideration.   In Buxton v. Halter , the federal court reversed a judge’s denial ...

SPECIAL DISABILITY RULES FOR AGES 55 AND OVER

The Social Security Administration has special rules for claimants age 55 and over . If you can no longer do the sort of work you have done in the past, then Social Security must  take your age into account  when considering whether or not you can do  other work . These rules are embodied in the Medical-Vocational Guidelines (grid rules) which are used by the SSA to determine disability at step 5 of the sequential evaluation process. If you are 55 or older and are limited to unskilled light exertional work, Social Security will presume that you are unable to transition to other work due to your age. An experienced attorney can use these presumptions to help win your disability case.   The determination about whether you can perform any past relevant work is made at Step 4 of the sequential process. It is very important to remember that you do not get the benefit of these rules until step 5 of the disability evaluation process. So it is critical to rul...

IS IT GETTING HARDER TO GET DISABILITY BENEFITS?

 I remember when nearly 70 percent of claimants were approved at Social Security hearings.  Today, the national average is below 50 percent. And the initial approval rate for new applications hovers around 30 percent. Spurred by political pressure, the Social Security Administration has been retraining administrative law judges that have a higher rate of approving appeals. This has decreased the rate of successful appeals from 69 percent in 2008 to 48 percent in 2015.  The laws and regulations remain essentially the same, although there have been a few changes and some federal court decisions mandating changes. Because Social Security disability benefits are so hard to get, it's important to get an advocate or attorney who knows how to get evidence that's gets your claim approved.  It may involve fighting through an appeal with the Disability Determination Service (a state agency), followed by a hearing with an administrative law judge. Your chance of approval...

3 BIG MISTAKES WHEN APPLYING FOR SOCIAL SECURITY DISABILITY

1.  WAITING TOO LONG TO APPLY: Social Security Disability Insurance (SSDI) only covers you for a limited time after you stop working. If you haven't worked in the last 5 years, you may have waited too long to file a new SSDI claim. Talk to a disability attorney or the local Social Security office to find out. 2.  GIVING UP. About 7 out of 10 applications for disability are denied.  Being denied doesn't mean you are not qualified for benefits, it means the system has failed you.  Many of these denials are in error and can be won with an appeal.  Never accept a denied claim as the end of the line.  Your best chance still lies ahead--in the appeals system. Contact an experienced attorney/advocate and file a written appeal. You will need to file the following forms: A Request for Reconsideration form ( Form SSA-561 ) if this is the first appeal; or Request for Hearing form ( Form SSA-501 ) if this is your second appeal on this claim. A Disability Report – Appe...

WORST MISTAKE AT A SOCIAL SECRITY DISABILITY HEARING

 If you ask someone in the hearing office:  "What's the worst thing someone can do at their hearing?" the answer will be: "Don't show up for the hearing." In spite of the fact that you may wait 24 months for a hearing, about one-fourth of claimants fail to show for their hearings. There is only one acceptable excuse for missing a disability hearing:  hospitalization for an emergency.   The administrative law judge is not required to reschedule your hearing if you don't have an acceptable excuse for the no show.  If the judge dismisses you case, you must start all over with a new application and wait up to 3 years to have a new hearing scheduled.  And you lose your back pay.   If your   date late insured (DLI) expires and you miss your hearing, then you could lose out on all SSD benefits. If you apply again, then you will have to wait another two  or three years to get a  new hearing. Additionally, you will lose out on all of the b...

YOU NEED DISABILITY BENEFITS QUICKLY

  Social Security disability (SSDI) is a vital financial lifeline for those who have become unable to work because of a disability. And claimants trying to get SSDI benefits have urgent needs. Consider: Average family incomes for individuals on SSDI are about half of what families make without someone getting disability benefits. Most people who get SSDI earn significantly less than they were making when they could work, often less than one-half as much. It can take months to get SSDI benefits started and there is no temporary benefit while the application is in progress. That's why it is terribly important that someone knows what they are doing when applying for disability benefits.  The benefits are urgently needed and there isn't time for trial and error during the process. I have known of families losing their homes, cars, even their furniture after one of the bread winners in the family became disabled.  And due to Social Security logjams and inefficiency 30,000 app...

CAN YOU GET UNEMPLOYMENT BENEFITS WHILE TRYING TO GET SOCIAL SECURITY DISABILITY BENEFITS?

State unemployment insurance helps individuals who are able to work, looking for work but are without a job through no fault of their own.  These individuals are still in the work force. Social Security Disability (SSDI), on the other hand, is for individuals who are unable to work because of a severe physical or mental impairment. These individuals are no longer in the work force. Because of these contrasting requirements—one necessitating an inability to work and the other requiring that you be available for work—you generally cannot seek both benefits at the same time. I once had a client who went before an administrative law judge for disability.  The judge found the man to be disabled and awarded SSDI benefits.  However, because the claimant had drawn some unemployment benefits while his SSDI claim was pending, the judge required him to repay the unemployment benefits to the state before receiving his SSDI benefits. In short, Social Security disability (SSDI) benef...

10 WAYS TO RUIN YOUR DISABILITY HEARING (AND LOSE)

The best ways to ruin your disability hearing: 1.  Go without knowing what to expect and what you have to prove. 2.  Lie or exaggerate your symptoms. 3.  Talk in medical terms without explaining how your disease affects your activities of daily living. 4.  Try to convince the judge that you really need the benefits. 5.  Complain about past denials and how unfair they were. 6.  Admit that you still work under the table. 7.  Tell the judge that no one will hire you (for one reason or another). 8.  Be unable to state when you stopped working or became unable to work. 9.  Cry or emotionally break down during the hearing.  It happens but judges hate it and it never helps your case. 10.  Save money and refuse to hire a lawyer or advocate to help you.  After all, the lawyer could get 25 percent of your back pay if you win.  No need to get an expert. Caution: When you represent yourself you are not risking just 25 percent.  Y...

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...

WHAT A DISABIILTY ATTORNEY CAN TELL YOU OVER THE PHONE -- FOR FREE

By Charles W. Forsythe (The Forsythe Firm, Huntsville) Many people go into the Social Security disability process without understanding the program, what it requires or how to meet the requirements.  A frequent result is a denial of benefits. An experienced Social Security attorney can give you a wealth of information over the phone -- and for free. Some Things a Lawyer May Tell You Over the Phone in a 5 Minute Call 1.  What are the basic requirements for Social Security disability? 2.  Do you meet the technical requirements to file a disability claim? 3.  How long is the process likely to take? 4.  Can you work while applying for benefits? 5.  What medical evidence do you need to have a chance at being approved? 6.  Will an appeal likely be required? 7.  What type of claim do you need to file?  (SSDI under Title II, or SSI under title XVI)? 8.  Do you need to see a specialist? 9.  How can your doctor support a claim? 10.  How ...

THE TRUTH ABOUT A SOCIAL SECURITY DISABILITY DENIAL AT RECONSIDERATION

Social Security only approves about 3 out of 10 new disability applications.  It is the second stage of the process I want to talk about here.  What happens after your initial application has been denied? The second stage is called "Reconsideration."  You file an appeal with 60 days of denial and ask the state agency that denied you to "Reconsider."  In effect, you are asking them to admit that they made an erroneous decision and reverse it.  Or, you may be asking them to consider new or additional evidence, then reverse their denial and approve your claim. Does this work?  "Reconsideration" will get a claim approved in less than 15 percent of cases.  Is it a waste of time, then? No.  "Reconsideration" is one stop on the road to approval.  While being denied a second time is discouraging and daunting, it provides a real opportunity to move to a platform that can be more effective and rewarding--moving to a hearing before a US Administrative L...

WHAT'S A BOUTIQUE LEGAL FIRM?

A boutique law firm is defined by three characteristics: 1.  It is highly specialized, offering counsel in one or only a few areas of law. 2.  It is generally a smaller firm with fewer than 20 lawyers. 3.  It offers specialized, personalized  representation  Specialization is the key.  You choose this type of firm when you want representation by an expert in a certain field, such as Social Security disability law, school law, employment law, etc. You would choose a boutique firm, too, if you want to have a close relationship with the attorney representing you.  You would expect to meet with your attorney, not an assistant or employee.  You expect your phone calls to be returned as a priority.   This firm would be dedicated to getting you the result you want or need, if possible. You would expect full commitment from this firm. _________ For matters only relating to Social Security disability (hearings, appeals, new claims) contact The Forsyth...