SOCIAL SECURITY GUTS THE DISABILITY PROGRAM

If you think it's hard to get Social Security disability now, just wait until the new Commissioner Andrew Saul finishes with it.

 Saul was sworn in as Commissioner on June 17, 2019, for a six-year term.  Previously, he was on the board of the Manhattan Institute, a think tank that seemed to believe that Social Security was much too generous. 

The Wall Street Journal today reports that Saul is tightening down the grid rules, the charts which allow a claimant the best chance of being approved for disability benefits--with the result of "eviscerating" the program (the paper's word).

The Social Security Administration has constantly been tightening the rules since 2010 to make benefits harder and harder to get (and taking longer and longer).  In 2010, claimants who fought their denials and went before a judge had a 60 percent chance of being approved on appeal.  By 2018, that number had dropped to 42 percent.  Then, in October 2019, Social Security put a new layer of appeal between the disabled worker and his benefits--a step called Reconsideration.  That just makes the process take a few months longer.  

If the Journal's report is true (and there's little reason to believe otherwise), where will that leave the nation's disability program?  Probably with only the most catastrophic impairments qualifying for any benefit and most Americans who can't work anymore being denied repeatedly with little hope of ever being approved.

And that's not all.  When  individuals are denied SSDI benefits, they are also denied Medicare, which can cover much of the cost of basic medical care.  This will be a disaster.

And what about the FICA tax (Social Security and Medicare tax)?  Any talk of reducing or eliminating any of the current FICA burden on workers and their employers?  Of course not.  Pay the tax but lose the disability insurance it goes to pay for.

This "tightening of the rules" will be swept into place without any announcement and as little fanfare as possible.  If you think disability benefits are tough to get your hands on now.....just wait.  Brother, you ain't seen nothin' yet.

MORGAN COUNTY SOCIAL SECURITY DISABILITY

Many types of medical conditions can qualify for Social Security disability payments:  mental or physical.

Here are the basic requirements:

1.  You are not working at this time due to an impairment.
2.  You will be off work at least 12 straight months.
3.  You have a proven long term medical impairment
4.  You have worked long enough to be covered by SSDI

The next step is to prove how severe your medical condition is.  It may be difficult and time consuming to get benefits approved.  You may need some help along the way.

If we represent you, we will assist with every step in the process.  And we won't charge you a fee until you win and collect back pay from Social Security.

(256) 799-0297 for a free consultation.

DECATUR DISABILITY HELP

Decatur, Alabama is a hub of Social Security activity.  Hearings are held at the Social Security office in Decatur and at various regional spots in the area.

Nearly everyone in Decatur who applies for Social Security disability eventually hires an attorney or advocate to help them.  This is because the process is hard and difficult.  Before you get paid, you will often end up before an administrative law judge for a hearing.

What can an attorney or representative do for you?

• Gather medical evidence to strengthen your case
• Read your medical files to find proof of your disability
• Show the judge where the proof is
• Answer the judge's questions or fix problems in the case
• Be sure you get all the back pay you are eligible for

Get a decision for you as quickly as possible 

YES, YOU CAN AFFORD REPRESENTATION 

• Pay nothing unless you are approved with back pay!
• You owe no money upfront for anything.
• Keep 100 percent of your monthly benefit checks.
•  Get the help you need now, pay later if you win.

Contact one of Decatur's top Social Security disability advocates today.   
___________________
The Forsythe Firm
Social Security Disability Counselors
(256) 799-0297
 

DECIDING ON A LEGAL THEORY FOR YOUR CASE

If you're trying to get Social Security disability you need to decide on a legal theory for your claim.  It's not what you may think.

• I have a medical problem that is diagnosed.
• I know I am not able to work.
• I should be on disability benefits

While all of these things may be true, they won't get you approved for disability benefits. 

Here's what a legal theory would look like if outlined:

Facts of the Case + Law or Rules Involved = Legal Outcome

The following is a legal theory:

"The claimant is an individual of advanced age with a limited education and unskilled work at the medium exertion level. Based on his age, education, past work experience and residual functional capacity, he should be found disabled pursuant to Medical-Vocational Guideline 201.02.

The theory doesn't just argue that the claimant can't work; it explains why the law agrees that he is technically disabled and legally entitled to a benefit.   

Assigning a legal theory to the case is probably difficult for an individual who is representing himself or herself.  If you aren't familiar with Social Security regulations, it will understandably be difficult to craft a solid legal argument using the regulations.  Will the judge do that for you?  Maybe, maybe not.  You can't depend on it.

Before a favorable decision can be made, a winning legal theory must be advanced, even if the claimant isn't aware of it.  Failure to establish an acceptable legal theory will lead to denial.

If you have a Social Security disability hearing in your future, I recommend that you contact an experienced attorney or Social Security advocate for advice and help.  These folks will sit down with you and learn about your case at no cost or obligation.  Then, if you hire them to help you, you will pay them a pre-arranged fee only if you win and receive backpay on your favorable result.  If you lose you pay nothing.
 _________________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"

CALL US      (256) 799-0297
Email US:   forsythefirm@gmail.com

 SOCIAL SECURITY JUSTICE