If
you are age 50 or over, you may qualify for Social Security benefits for
any physical or mental condition which prevents you from full-time
work. This actually applies to both veterans and non-veterans.
Yes,
younger individuals may also qualify. However, Social Security uses
Medical-Vocational Guidelines which relax the requirements substantially for
persons age 50 and over.
In
addition to your age, other factors include your past work experience
and education. But being age 50 or more is the greatest single
advantage a claimant has in being approved for Social Security benefits.
The
Forsythe Firm will provide you with a free case evaluation and local
consultation. If we represent you, you will never pay a fee until you
get benefits with back payments. If you do not win benefits you will
never pay us a fee for any service we perform.
Contact us at (256) 799-0297. We're located across from Bridge Street.
Thursday, January 15, 2015
Friday, January 9, 2015
AVOID THESE MISTAKES IN YOUR SOCIAL SECURITY DISABILITY CLAIM
Only about
one-fourth of applications for Social Security disability benefits are
approved without a hearing. Below are some of the serious mistakes that
claimants make. If you are filing for Social Security disability, know
these mistakes and avoid them for the best chance of winning benefits:
1. Don't forget to ask Social Security for an expedited decision if you have a 100 percent permanent VA disability award. This can reduce your wait time for a decision by 12 months or more. Submit your VA award letter with your Social Security application. Also, remember that you may receive full VA benefits + Social Security benefits at the same time.
2. Don't fail to ask your own doctor to complete a Medical Source Statement. This is a form which explains what specific limitations you have in performing work related functions, such as sitting, standing, walking, lifting, bending, concentrating, etc. This is in addition to routine medical records and does not require a special examination.
3. Filing for disability even if you are still receiving active duty military pay. If you are still on active duty but are unable to perform your military job, you may apply for Social Security disability benefits now. You do not have to wait to be discharged or to receive a VA disability to apply for Social Security disability benefits.
4. You have to prove that your disability will last at least 12 consecutive months (or that it has already lasted that long). There is no short term disability with Social Security. 12 months is the minimum duration for a qualifying disability.
5. Failing to get medical treatment. All disability awards must be based on "medically determinable impairments." You will need your doctor to examine you, diagnose your problems and determine how severe your symptoms are. Medical doctors and clinical psychologists are "accepted medical sources" with Social Security. Chiropractors, counselors and nurse practitioners are not.
6. Failure to get psychological problems diagnosed and treated. Social Security must consider psychiatric or emotional problems as well as physical problems - but they must be diagnosed by a psychiatrist or clinical psychologist, or at least by your family doctor.
7. You must apply while you have Social Security coverage. Not everyone has Social Security disability coverage. You become covered by working and paying a special tax called FICA tax, which is required to be withheld on every worker. However, you must earn enough quarters of work to be covered. Also, when you stop working, you eventually lose your disability coverage with Social Security. This usually happens after 4 years of no work. If there are gaps in your work, your coverage may expire in less than 4 years. The date you stop being covered is called your "date last insured" or DLI.
8. You have to appeal unfavorable decisions within 60 days. Being denied is not the exception, it's the rule. Be prepared to file a request for hearing within 60 days after you receive a denial letter from Social Security. This 60 day rule is very strict. If you wait too long you cannot appeal the claim and must start all over.
9. Avoid trying to represent yourself (pro se representation). Social Security law is a highly technical and specialized field. The US disability program is governed by thousands of pages of rules and regulations. If you don't meet the rules or follow the correct procedures you can be denied and this may cost you thousands--even hundreds of thousands of dollars over the years. Consider getting a specialist to represent you and arrange a "contingency fee" situation where the representative gets paid only if you win.
10. Failure to prepare the vocational (work) aspects of your claim. There are two important parts of a Social Security disability claim: the medical aspect is the best known part. However, there is an equally important vocational aspect to the claim. Past work will be classified and a vocational expert will be asked to determine whether there are any jobs in the US economy that you could still perform, in spite of your physical and/or mental limitations. Failure to adequately prepare the vocational aspect of your claim will result in a denial, just like failure to prepare the medical part of the claim will get you denied.
SEE OUR FREQUENT QUESTIONS AND ANSWERS SECTION - FREE
1. Don't forget to ask Social Security for an expedited decision if you have a 100 percent permanent VA disability award. This can reduce your wait time for a decision by 12 months or more. Submit your VA award letter with your Social Security application. Also, remember that you may receive full VA benefits + Social Security benefits at the same time.
2. Don't fail to ask your own doctor to complete a Medical Source Statement. This is a form which explains what specific limitations you have in performing work related functions, such as sitting, standing, walking, lifting, bending, concentrating, etc. This is in addition to routine medical records and does not require a special examination.
3. Filing for disability even if you are still receiving active duty military pay. If you are still on active duty but are unable to perform your military job, you may apply for Social Security disability benefits now. You do not have to wait to be discharged or to receive a VA disability to apply for Social Security disability benefits.
4. You have to prove that your disability will last at least 12 consecutive months (or that it has already lasted that long). There is no short term disability with Social Security. 12 months is the minimum duration for a qualifying disability.
5. Failing to get medical treatment. All disability awards must be based on "medically determinable impairments." You will need your doctor to examine you, diagnose your problems and determine how severe your symptoms are. Medical doctors and clinical psychologists are "accepted medical sources" with Social Security. Chiropractors, counselors and nurse practitioners are not.
6. Failure to get psychological problems diagnosed and treated. Social Security must consider psychiatric or emotional problems as well as physical problems - but they must be diagnosed by a psychiatrist or clinical psychologist, or at least by your family doctor.
7. You must apply while you have Social Security coverage. Not everyone has Social Security disability coverage. You become covered by working and paying a special tax called FICA tax, which is required to be withheld on every worker. However, you must earn enough quarters of work to be covered. Also, when you stop working, you eventually lose your disability coverage with Social Security. This usually happens after 4 years of no work. If there are gaps in your work, your coverage may expire in less than 4 years. The date you stop being covered is called your "date last insured" or DLI.
8. You have to appeal unfavorable decisions within 60 days. Being denied is not the exception, it's the rule. Be prepared to file a request for hearing within 60 days after you receive a denial letter from Social Security. This 60 day rule is very strict. If you wait too long you cannot appeal the claim and must start all over.
9. Avoid trying to represent yourself (pro se representation). Social Security law is a highly technical and specialized field. The US disability program is governed by thousands of pages of rules and regulations. If you don't meet the rules or follow the correct procedures you can be denied and this may cost you thousands--even hundreds of thousands of dollars over the years. Consider getting a specialist to represent you and arrange a "contingency fee" situation where the representative gets paid only if you win.
10. Failure to prepare the vocational (work) aspects of your claim. There are two important parts of a Social Security disability claim: the medical aspect is the best known part. However, there is an equally important vocational aspect to the claim. Past work will be classified and a vocational expert will be asked to determine whether there are any jobs in the US economy that you could still perform, in spite of your physical and/or mental limitations. Failure to adequately prepare the vocational aspect of your claim will result in a denial, just like failure to prepare the medical part of the claim will get you denied.
SEE OUR FREQUENT QUESTIONS AND ANSWERS SECTION - FREE
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