DISABILITY HEARING CHECKLIST

Pilots go through an extensive checklist before they take off.  I read an article recently about a checklist for Social Security attorneys and advocates.  The purpose is to have an organized method of checking the case - to be sure everything has been done.  Here is an example of a Social Security disability hearing checklist.  Of course, you can make these lists as long and detailed as you want.  I've kept this one fairly simple.

• Has all the medical evidence been submitted and labeled for exhibits?
• Have you secured a Medical Source Statement from at least 1 treating doctor? 
• Would written statements from family members, friends or co-workers help?
• Are all impairments - physical and/or mental - being documented and used?
• Has a legal brief or memorandum been submitted?
• Has the case been screened or considered for an on-the-record request?
• Checked to see if there is any record of wages after the alleged onset date?
• Have you found and explained any contradictions in the medical records?
• Is there a sound theory of the case and is it well defined and articulated?
• Do you have multiple reasons why the claimant cannot work? 
• Is there a plan to address special problems, eg., a history substance abuse?
• Have the Appendix II Listings been compared to see if a Listing can be met?
• What is the claimant's residual functional capacity?  How is that established?
•  How is the claimants past relevant work classified as to exertion and skill level?
• Does the claimant have any transferable skills?
• Can the claimant's age, education and functional capacity show inability to work?
• Is there a Grid Rule that would direct a finding of disability at step 5?
•  What type of work is the vocational expert likely to suggest the claimant can do?
• Have you prepared effective cross examination for the vocational expert?
• Are all of your questions for the vocational expert in "occupational terms"?
• Have you met with your client and prepared him/her for the hearing?

If you feel you need help preparing for a Social Security disability hearing the Forsythe Firm in Huntsville will be happy to give you a free consultative visit at no obligation.  You may contact us at (256) 799-0297 or toll free at 1-855-854-2274.  

TYPES OF DISABILITY DECISIONS

When a claimant appeals a Social Security disability decision to an administrative law judge (ALJ), there are 3 decisions possible:

Unfavorable - means that the judge finds the claimant not to be disabled; therefore, is entitled to no benefits at all.

Fully Favorable - The judge finds the claimant has been disabled from the "alleged onset date" (AOD) and allows payments back to that date - or as far back as Social Security law permits (not more than 12 months prior to the application date).

Partially Favorable - There are two types of "partially favorable" decisions.

• The most common, the ALJ finds the claimant is disabled but moves the alleged onset date forward, in effect, reducing the amount of past due benefits or back pay the claimant will get.
• Another type of "partially favorable" decision would be when the judge finds the claimant disabled for a "closed period."  In other words, the claimant was disabled for a period of time but is no longer disabled.  In this case, the claimant would get a lump sum settlement for his or her past period of disability but no continuing benefits.

Medicare insurance is awarded in most favorable cases - but there is a 24 month waiting period, starting with the first month in which the claimant is eligible to receive a disability payment. The claimant must also wait 5 months after the established onset date (date he is found to be disabled) before becoming eligible for payments.  So, the effective waiting period for Medicare is 29 months from the established onset date.
____________

The Forsythe Firm handles Social Security disability claims and appeals for individuals in Alabama and Tennessee.  There is no fee unless you obtain a favorable decision and collect back pay benefits.  (256) 799-0297.

Can a Representative Make You More Money?

Why do most claimants choose a representative when trying to collect Social Security disability benefits?  There are several reasons but the best one may be money.  There are usually thousands of dollars in back pay riding on the Social Security disability claim. Whether you collect that money or lose may depend on the kind of case you present.

We recently had a case that had been denied twice, then appealed.  We were able to establish a date in early 2010 for the onset of disability.  We were also able to collect monthly benefit payments back to 2010 so the claimant wound up with a lump sum back payment of over $27,000.  Proving an early onset date is essential to collecting all of the back pay you deserve.

At the Forsythe Firm we fight hard to get you all of the back pay you deserve.  Just because you qualify for back pay does not mean that Social Security will volunteer to pay you for it.  You need an experienced advocate looking out for you.  This is especially true at the appeal or hearing level - where most cases are won these days.

We do not charge any fee unless (1) You win your claim, and (2) You collect a lump sum back pay settlement - in addition to your monthly benefit check.  If you live in North Alabama, call a local Social Security disability advocate.  (256) 799-0297.

We serve Social Security hearing offices in:  Huntsville, Decatur, Cullman, Gadsden, Anniston, Jasper, Florence and others.  We regularly represent claimants in Nashville, Franklin, Tullahoma, and Chattanooga,Tennessee. There is no charge, no obligation to speak to us about your Social Security disability claim. (256) 799-0297

DISABILITY: WHAT YOU MUST PROVE

If there's a Social Security disability hearing in your future, here is what you must prove to obtain your benefits.

1. You are not working and have not worked at substantial gainful activity* since your alleged onset date--the date you say you became disabled.
2. You have a severe impairment that has lasted or is expected last for 12 consecutive months or more.
3. If you do not meet one of the Social Security listings, then your residual function capacity (RFC) must be determined. It is best if you bring documentation from your own doctor concerning functional limitations.
4. You are not able to perform any of your past relevant work because of your condition(s).  This includes all work you performed at substantial gainful activity levels during the past 15 years.
5. You are also not able to perform any other work based on your residual functional capacity, age, education, etc.

The "easiest" work classification is sedentary work - which is work that can be performed mostly from a sitting position.  Most disability cases come down to proving that you cannot perform even sedentary work for 8 hours a day, 5 days per week.

-------

*Substantial Gainful Activity in 2012 is defined as any work in which you earn at least $1,010 per month before tax.  Work could be deemed SGA if you did not earn that much - but that is the general rule.  SGA usually does not include part-time jobs where earnings are below $1,010 per month - or jobs that only lasted a few weeks.

Judge Gives Good Disability Advice

I recently got a call from a lady who had just walked out of a Social Security disability hearing.  She was unrepresented.  The judge advised the claimant to get representation and offered to delay the hearing until it could be obtained.  Wisely, the claimant took the judge's advice and immediately began looking for a representative.

Rarely do judges hear disability cases where the claimant is not represented.  And there is a reason for that.

"I thought I just went before the judge and told her my story and that was all there was to it," the claimant said.  "When I got into the hearing room, I found that it was much more complicated and I wasn't prepared for what was about to happen."

People commonly under estimate Social Security hearings.  These are hearings before a real judge, with all persons giving testimony under oath. Complex Social Security law and procedural rules will be used.  Vocational testimony will likely be given by a vocational expert using terms that you don't understand:  past relevant work, skill level, SVP, exertional level, medium exertional, light exertional, sedentary, the Dictionary of Occupational Titles, etc.  You will not know how to cross examine the vocational expert to control potentially damaging testimony.  And you will have nobody to help prepare your own testimony prior to the hearing.

I tell claimants that going before an administrative law judge without representation would be equivalent to my getting into the ring with Mike Tyson or George Foreman and going 10 rounds.  It would not be a fair fight.  Believe me!  (Hurts to think about it)!

There is no risk in hiring qualified representation.  You cannot be charged a fee unless 2 things happen:  you win your case and you collect lump sum back pay off your claim.  Your representative will be paid a small percentage of your back pay.  Remember, back pay is not automatic.  You have to prove that you qualify for it.  That is another area where good representation isn't expensive - it's priceless.