SSDI AWARD RATES FALL IN 2012

Disability award rates went tumbling down again in 2012, according to numbers just published by the National Organization of Social Security Claimants Representatives (NOSSCR).  Nationally, only 52 percent of decisions at the hearing level produced awards.  In 2010 the national average was 62 percent.

If you want to look at the 2012 award rates at all levels, including the federal courts, simply click on the link below to see the "waterfall chart."

Waterfall Chart: Social Security approval rates in 2012.


Award rates vary state-to-state, office-by-office and judge-to-judge.  The national average on the waterfall chart, however, mirror Alabama's numbers very closely.  Keep in mind that Alabama doesn't have a "Reconsideration" stage, so those numbers don't apply.

In light of tumbling award rates, what advice do we have for legitimately disabled claimants?  Only two:

1. Appeal any unfavorable decision.  Kick your case up to the next level and keep trying.  Persistence wins cases.
2. Use any and all help you can get, including professional advocates or attorneys who know how to deal with the Government and Social Security system.

 Remember that the law is set up to favor the claimant in the matter of representative's fees.  A representative can only charge you a fee if you win AND collect back pay.  It's a no risk proposition for the claimant.

DISABILITY AWARD RATES FELL IN 2012

Disability award rates went tumbling down again in 2012, according to numbers just published by the National Organization of Social Security Claimants Representatives (NOSSCR).  Nationally, only 52 percent of decisions at the hearing level produced awards.  In 2010 the national average was 62 percent.

If you want to look at the 2012 award rates at all levels, including the federal courts, simply click on the link below to see the "waterfall chart."

Waterfall Chart: Social Security approval rates in 2012.


Award rates vary state-to-state, office-by-office and judge-to-judge.  The national average on the waterfall chart, however, mirror Alabama's numbers very closely.  Keep in mind that Alabama doesn't have a "Reconsideration" stage, so those numbers don't apply.

In light of tumbling award rates, what advice do we have for legitimately disabled claimants?  Only two:

1. Appeal any unfavorable decision.  Kick your case up to the next level and keep trying.  Persistence wins cases.
2. Use any and all help you can get, including professional advocates or attorneys who know how to deal with the Government and Social Security system.

 Remember that the law is set up to favor the claimant in the matter of representative's fees.  A representative can only charge you a fee if you win AND collect back pay.  It's a no risk proposition for the claimant.

DISABILITY: WORTHWHILE TO APPEAL?

The numbers are staggering.  There will be around 50,000 new disability claims filed in Alabama this year.  And 70 percent of them will be denied by an agency that is swamped and over worked.  Up to 60 percent of the denied claims should have been winners.

This makes the necessity of an appeal evident.  If your claim was denied, appeal immediately.  The law gives you 60 days to appeal without losing any rights under your original claim (or any money).  After 60 days and the deal is off.  What can a disability specialist or advocate do for you during the appeal process?  Quite a bit.

Focus on the reason you were denied.  The denial letter, while mostly a form letter, may give hints as to why you were denied.  Reasons usually lie in the very strict definition used for "disability," or the claim may simply have been mishandled.

Determine if the impairment meets a Listing.  Certain listings automatically qualify for disability awards, once you prove you meet or equal the listing.  This can make an appeal easier.

Develop a legal theory of the claim.  Here is what I mean.  Take the Social Security laws, apply them to the claimant's situation and find how the law helps win the case.

Evaluate the medical and vocational evidence.  If there isn't enough clear medical evidence of a severe impairment, nobody can win your case.  If the evidence isn't there, develop a strategy to get more evidence.

Write a compelling brief.  A brief (sometimes called a "memorandum") is a 5 or 6 page summary of the claimant's impairments, functional limitations, occupational history and education.  It also explains why the claimant cannot work - and which areas of Social Security law direct a finding of disability.

Prepare to argue the case.  I believe that hearings are often won or lost before they start.  Good administrative law judges study the case that has been prepared in advance of the hearing. A good disability advocate is like a good football coach.  He understands the game, knows the challenges ahead, is aware of what his team must do to win, and plans accordingly.  

See what our firm can do for your disability case here. 

Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.   To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court.

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.

                             

WHY YOUR MEDICAL FILES LET YOU DOWN

Social Security disability must be based on a serious "medically determinable impairment," which relies upon your medical records to establish.  However, your medical records are probably woefully inadequate to prove that you are disabled?  Why?  Because they do not address your condition in vocational terms, that is, work-related terms.

A typical doctor's office record will give the dates you saw the doctor, your chief complaints, a diagnosis or impression (sometimes), and a record of any prescriptions written.  Even if the doctor ordered diagnostic tests such as X-Rays or blood work, they will not discuss functional limitations imposed on the patient by their findings.

In addition to what is contained in your doctor's reports, here is what Social Security needs to know:  How severe is your condition?  How does it affect your physical or mental function in the work place?  Specifically, how much can you lift and carry frequently and occasionally?  How long can you stand at one time?  How long can you stand in an 8 hour day?  Do you have limits that involve sitting, bending, kneeling, climbing, crouching, or reaching?  Are there emotional or psychological limitations, including the ability to concentrate, understand and follow simple directions, get along with supervisors or coworkers; do you have any limitations in persistence or pace?  Can you work 8 hours per day, 5 days per week, 52 weeks per year without more than 2 days per month of absence due to your condition?

No doctor's chart ever addresses this vocational-related information, hence, Social Security does not have enough information to approve your claim.  You must have your doctor address your condition in terms of how it restricts your ability to work.  This burden lies upon the claimant or the claimant's representative.  Do not count on Social Security to obtain this information.

We must emphasize that Social Security will not go to the effort to obtain this information from your treating sources.  The claimant or representative must take the initiative and go after the data needed.  Knowing exactly what vocational data is required, then obtaining it, will make all the difference in getting a Social Security disability claim approved.  

To access the main web site for the Forsythe Firm, Huntsville Social Security disability advocates, click on this link.