All the media are doing stories about Social Security, how it's going broke, it's fraud ridden, it's the "new welfare," and unemployed people are using it as a last recourse. B-A-L-O-N-E-Y. The media reporting on Social Security is the real fraud.
If 60 Minutes had done 30 Minutes worth of research, their story on Social Security disability would have been far different.
Consider:
- It isn't broke. SSDI can pay full benefits until 2036, and 76% of benefits until 2080, without any tax increase or any congressional action.
- Alcoholism and Drug Addiction were excluded by Congress in 1996 and do not qualify for SSDI or SSI benefits (Public Laq 104-121).
- Social Security was established as a self-financing program paid for by FICA taxes (now 12.4%) deducted from each worker's pay and matched by the employers.
- If Congress had not "borrowed" from the Social Security Trust Fund, there would now be $2.6 Trillion in the fund, and no crisis. (That's Trillion with a T, folks).
- The "insolvency crisis" now is caused by the fact that Congress stole (I'm sorry, "borrowed") the $2.6 trillion from the Social Security trust fund and now has to find a way to put it back. (Hand in the cookie jar)!
- The disability trust fund has become "insolvent" before. It was fixed almost a dozen times in the past by a rather minor reapportionment of incoming taxes between the disability trust fund and the retirement trust fund.
- The US Government does NOT (NOT) pay attorneys' fees when they represent Social Security claimants. The fees are paid for by the claimants. If Social Security deducts the fee from the claimant's money and sends it to the attorney as a "direct payment of fees," SSA charges the attorney a service fee of 6.3 percent; thus, the government earns income from this practice. It costs the government nothing, nada, zero, not one red cent!
- Doctors cannot approve anyone for disability benefits.
- Finally, no matter how bad the economy gets, people cannot get SSDI simply because they can't find jobs. As a disability representative who has appeared in hundreds of disability hearings, I say that Social Security has not yet awarded one single dollar in SSDI benefits because the claimant couldn't find work. You gotta be disabled and you gotta have hard, objective medical evidence to prove it. Even then, there is a 75 percent chance you will be denied at the initial application level and about a 58 percent chance you will be denied again at the appeal level.
We once depended on the media to keep the politicians from lying to us. Who can protect us from the media?
My firm represents claimants who file for Social Security disability benefits in Huntsville, Athens, Decatur, Cullman -- all over North Alabama. I want to give you a brief outline of what to expect when you file a Social Security disability claim in Alabama.
Filing. There are several ways you can file a Social Security Disability Insurance (SSDI) claim. Online, by phone, or at the local Social Security office. Beware that offices have cut their operating hours. They are now open M,T, Th. and F from 9 AM to 3 PM, and on Wednesdays from 9 AM to noon. If you don't want to handle the claim yourself, you can also get an attorney or representative, such as myself, to file the claim for you and deal with the government for you. There is no fee for this service unless you become eligible for back pay and collect back pay.
Beginning Process. The local Social Security office will gather your forms and information, even if you file on the internet. After a few weeks, they will forward your application to a state agency called the Disability Determination Service (DDS) in Birmingham.
DDS Process. DDS is a state agency under contract to Social Security. DDS will obtain your medical records and review your medical condition, past work, education, training and skills. They will make the initial decision on whether you meet Social Security's definition of disabled. The local SSA office will then send you a letter telling you the decision. Usually, about 4 months have passed since you filed your application. In Alabama, just over 70 percent of decisions are denials at this stage. If you get a denial letter, remember the affair is not over. You have 60 days to file an appeal and potentially still win your claim.
Appeal. Most successful SSDI claims must go to appeal. You must file a separate document for an appeal. I believe it is especially important at this stage to hire professional help from someone who knows Social Security law, rules of evidence, and proceedings. In the absence of unusual circumstances, it takes about 12 months to get a hearing scheduled. Then, you and your representative will appear before a judge who has the power to make a new decision on your case. The following factors will be considered carefully during the appeal hearing (which lasts about 1 hour):
- How do your medical condition(s) limit your ability to perform work activities?
- What was the nature and classification of your past relevant work?
- Your age and education play an important part in this decision.
- Whether you are limited to unskilled work is a vital consideration.
- Can you still perform any of your past relevant work?
- Is there any other work in the local, regional or national economy that you can perform?
- Do you meet one of the Social Security Listings? (An automatic approval)
- Do one of the Medical-Vocational Guidelines direct a finding of disabled?
There are 2 professionals in the typical hearing that will have great input into the decision about whether or not you are disabled. One is the administrative law judge, who has a law degree and several years of experience as a judge. The other is a "vocational expert," usually a vocational rehabilitation counselor, who will provide testimony about jobs you may still be able to perform in the national, regional or local economy. The vocational expert will usually have a masters or doctoral degree and years of experience as a vocational rehabilitation counselor.
PART TWO:
As those things are quickly unfolding around you, can you imagine sitting there quite alone and wondering what these 2 professional people are going to do with your case? Well, you should not be alone. There needs to be a third professional person in that court. That third person should be your your legal representative. That representative should be there to look out for your interests. (S)he should be there to ask the tough questions of the vocational expert.
For example, here are just a few of the questions I would ask on behalf of my client at such a hearing, as the need arose:
- Did the previous job qualify as past relevant work? (There are qualifications that must be met; just because someone worked does not mean it was 'past relevant work').
- Was past relevant work, as actually performed, really skilled (or semi-skilled) work?
- If the claimant can only perform unskilled, sedentary work, doesn't that limit the ability to work?
- What exactly are the requirements for sedentary level work?
- Does the inability to sit for ___ minutes prevent sedentary level work?
- Does not Medical-Vocational Rule ______ direct a finding of disabled here?
- If my client must be absent more than 3 days per month due to medical reasons, what impact will that have on the occupational base for the job(s) proposed by the vocational expert?
There are dozens of other questions that a trained representative may need to ask during a hearing. The claimant cannot be expected to know all of this information, for that is not his job. 80 percent of claimants who go into a Social Security hearing are represented. It is my feeling that the other 20 percent should be.
Finally, let me say that I or one of our trained professionals at the Forsythe Firm are always available to answer your questions about Social Security disability (SSDI) or SSI claims. If you are not represented by another attorney or advocate, we will be happy to talk to you at no cost or obligation. (If you are already represented, please speak to your own counsel about your claim).
