WILL SOCIAL SECURITY DISABILITY GET THE AX?

• As part of the budgetary process, the ranking member of the Senate Budget Committee, Sen. Jeff Sessions (R-AL) asked the Congressional Budget Office to take a look at the Social Security disability insurance (SSDI) program.  The report from the CBO was submitted on July 16th.  It noted huge increases in expenditures from the disability program between 1970 and the present.  Several options were given for consideration by the non-partisan office.  At least 3 of the options raise serious concerns for the disabled.  The 3 options that concern me most were:
• Change the waiting period from 5 months, as it is now, to 12 months
• Change the eligibility rules
• Change the benefit formula.

Other options were given, including finding a way to increase revenues  


Anyone who wants to read the entire CBO report may use the link below.  (It really is not a perilously long read - and surprisingly, it's easy reading).


Congressional Budget Office Report on the Social Security disability program


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The Forsythe Firm (256) 799-0297

Social Security Disability Representatives in Huntsville, AL

Do You Need Social Security Disability Benefits? Click Here!

MENTAL IMPAIRMENTS AND SOCIAL SECURITY

Fortunately, Social Security disability is available for severe mental impairments. (256) 799-0297.

Social Security covers disability from many types of mental or emotional disorders:  AD or ADHD, anxiety, bipolar, panic disorder, PTSD, schizophrenia, obsessive-compulsive disorders, developmental delay, and many other psychological impairments.

However, merely have a diagnosis of a mental disorder is not enough to win Social Security disability claims.  You will need to provide evidence showing the duration of your condition, the severity and the degree of limitation in your functioning--either work, school, family or social functions.  Children may get disability from Social Security under the SSI provisions if family financial resources and income are low enough to meet guidelines.

For a free evaluation of your claim - or just answers to your questions, call the Forsythe Firm in Huntsville, AL.  (256) 799-0297.

Click this link to connect to our main web page, read reviews about our firm, see our Frequent Questions page, and more.  The Forsythe Firm never charges a fee for consultations - and there are no fees unless you win your claim and receive back payment.  Call us today - from anywhere in Alabama.   (256) 799-0297    Visit us on the internet.

            Established in 1979, the National Organization of Social Security Claimants' Representatives is an association of over 4,000 attorneys and other advocates who represent Social Security and Supplemental Security Income claimants. Our members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.                                      

                                                                     www.nosscr.or

DISABILITY CLAIMS PROCESS IN HUNTSVILLE

What happens when you file a Social Security disability claim in the Huntsville area?  First, Social Security gathers all of the forms and personally identifying information, including your application.  Then, this is forwarded to a contracted state agency in Birmingham known as the Disability Determination Service (DDS).  DDS will request medical records and usually send the claimant more forms from which it will gather additional medical and vocational evidence.  It takes up 120 days for DDS to give you a decision on your initial claim.  At present 70.1% of initial applications are denied.  The common reason for denial:  "You are not disabled according to our rules."  We won't discuss reasons for this here but you may want to read another post I have titled "Why Disability Denial Rates are High in Alabama."


Once denied by DDS, the claim must be appealed with 60 days or it dies forever.  When appealed, your claim moves back to the Social Security Administration - to a division called the Office of Disability Adjudication and Review (ODAR).  Claims from the Huntsville and North Alabama area generally are assigned to the ODAR office in Florence, AL or the office in Franklin, TN.   Once it arrives at ODAR and is logged in and acknowledged, your claim typically goes into a "long sleep" where not much happens for about 10 to 12 months.  You are waiting your turn in line to get a hearing before an administrative law judge.


This period of seeming inactivity on your claim, however, if very important.  It is during these months that the claimant or representative should be building the case:  collecting and submitting additional medical and vocational evidence, forming a winning strategy, making motions for certain decisions that may speed up the claim, etc.  


After about a year (time varies by hearing office), the claimant will receive a notice that the hearing has been scheduled.  At the hearing, the claimant and his/her representative will sit before a Social Security judge, answer questions, explain their case and give testimony. A vocational expert called by Social Security will provide information about the claimant's past work and any other work that the claimant may still be able to perform.  Sometimes the judge may issue a bench decision on the spot.  Usually, however, the judge will send a written decision by mail in 4 to 6 weeks after the hearing.


Best advice?  Appeal any denial within 60 days in writing.  Be sure certain all of your doctors have submitted complete records.  Make sure that, in addition to routine medical records, you have written medical documentation for restrictions of physical and/or emotional activities:  such as standing, lifting, carrying, walking, sitting, bending, reaching, etc.   Emotional limitations could include the ability to concentrate or focus, follow simple directions, get along with supervisors or co-workers.  Have your doctor answer the question, "Can this patient work 8 hours per day, 5 days per week, 52 weeks per year?"  That's called "persistence and pace."  Many people can work some days but not 5 days per week, and not 8 hours per day.  If you cannot and can prove it with good medical documentation, you should prevail in a Social Security disability hearing.


If you are unrepresented and need help with a Social Security application or appeal, we would welcome your call at (256) 799-0297.  You may visit us at www.forsythefirm.com for a look at our firm.  We are located across from the Bridge Street Mall in Huntsville in Cummings Research Park - 7027 Old Madison Pike, Suite 108, Huntsville, AL 35806.