Andalusia Social Security Disability Attorneys

07/29/2021

Recent review by a satisfied client. Let the "Bulldog" fight for you!

"The best attorney in Andalusia and surrounding areas. Great trial lawyer! Very experienced and it shows in his results. He ran circles around the opposing attorney. Can't go wrong with hiring this guy. Bulldog is an understatement!" www.scherflawfirm.com

07/02/2021

Great way to end the week: Third Social Security Disability win in a row:) I will take it!

06/10/2021

https://www.ncoa.org/article/ssi-vs-ssdi-what-are-these-benefits-how-they-differ

SSI and SSDI are often misunderstood. Learn everything you need to know about how these two federal benefits programs, including how they differ, eligibility, pay out amounts, and how to apply.

06/04/2021

Calculating Your Social Security Disability Payments:

Unlike Supplemental Security Income (SSI), which also pays benefits to people who are disabled and unable to work but is based on limited income and resources, SSDI requires that you have worked and paid Social Security taxes for a certain length of time.

The average SSDI payment is currently $1,277. The highest monthly payment you can receive from SSDI in 2021, at full retirement age, is $3,148. This article covers how the monthly benefit is calculated.
Calculating SSDI: Covered Earnings

If you are eligible for SSDI benefits, the amount you receive each month will be based on your average lifetime earnings before your disability began. This is the only factor that determines your benefit amount, although it may be reduced if you're receiving disability payments from other sources (more on this below). In other words, your SSDI benefit amount is not based on how severe your disability is, and unlike SSI, you cannot be denied SSDI because you have too much unearned income or too many resources (assets).

Your past earnings must be covered under the Social Security program in order to count towards the amount of SSDI benefits you will receive. "Covered earnings" are wages you have received from jobs that have paid into Social Security. If you have received a paycheck that had money withheld for "Social Security taxes" or "F**A," the wages you made at that job are covered earnings and will count toward calculating your benefit amount. Most wages are covered earnings.

Your SSDI payment will be based on your average covered earnings over a period of years, known as your average indexed monthly earnings (AIME). A formula is then applied to your AIME to calculate your primary insurance amount (PIA)—the basic figure the SSA uses in setting your actual benefit amount.

For example, someone in their fifties who made $100,000 for the past few years might expect a disability payment of $2,500 per month. Someone in their fifties who made $60,000 per year might expect a disability payment of $2,000 per month.

To see your entire covered earnings history, you can check your annual Social Security Statement. Check your statement by logging on to my Social Security. You can also use the benefits calculator online at www.socialsecurity.gov/planners/benefitcalculators.htm to get an estimate of the amount of your disability benefits. Or, call your local Social Security office and they will be able to help you estimate what your benefits would be.

Reduction for Disability Payments from Other Sources

If you receive disability benefits from a private source, like a private pension or private insurance benefits, these benefits will not affect your SSDI benefits. If, however, you receive other public disability benefits, they may affect your SSDI benefits. For instance, if you were injured on the job and are receiving workers' compensation benefits, the amount of SSDI benefits you receive might be reduced.

Other disability benefits that are not job-related and are paid for by the federal, state, or local government may also reduce your SSDI benefit amount. Examples of these include temporary disability benefits paid by the state, military disability benefits, and state or local government retirement benefits that are based on disability. Some public benefits are not counted toward the 80%, including SSI or VA benefits.

The combined total amounts you receive from SSDI and all other public disability benefits cannot be more than 80% of the average amount you earned before you became disabled. If the amount is more than 80% of what your average earnings were before you became disabled, in most states, the excess amount is deducted from your SSDI benefits. (In some states, however, the excess amount is deducted from your other public benefit.)

The interaction between workers' compensation (and other public disability benefits that may reduce your SSDI amount) and SSDI can be complicated and varies depending on what state you live in. If you qualify for more than one public disability benefit, you may want to speak with an attorney to make sure you do not miss out on any benefits you are entitled to.

05/30/2021

Ten Key Facts You Need to Know About Continuing Disability Reviews

If you obtain Social Security Disability Insurance (SSDI) benefits, at some point you may receive a letter and questionnaire from the Social Security Administration (SSA) telling you it is reviewing your medical condition.

You have been chosen to undergo a Continuing Disability Review (CDR).

Here are 10 key facts you need to know about CDRs.

There are two types of CDRS

SSA conducts work continuing disability reviews and medical continuing disability reviews.

Work review

Under a work review, SSA looks at earnings to determine if an individual is earning more than substantial gainful activity (SGA), which is $1,090 per month. If you are earning more than SGA, your benefits may be terminated. Work activity or earnings can trigger a work or medical review.

Medical review

A medical review determines if an individual is meeting the medical requirements to collect disability benefits. Under the Medical Improvement Review Standard (MIRS) SSDI benefits cannot cease due to updates in SSA disability criteria. Reviewers are also barred from substituting their judgment for that of the original adjudicator. These restrictions make it more difficult for the SSA to terminate eligibility than to continue it.

A disabled beneficiary will not have to undergo a medical CDR based on work activity alone if they :

Have received disability benefits for at least 24 months; or
Are participating in the Ticket to Work program.

If a beneficiary qualifies for protection from a medical CDR based on work activity, they will still undergo a regularly scheduled medical CDR

The frequency of medical CDRs is based on the severity of your condition

The SSA assigns individual review schedules ranging from every six months to every seven years based on the likelihood that you will experience medical improvement. If medical improvement is:

“Expected,” the case will normally be reviewed within six to 18 months after benefits start.
“Possible,” a case will normally be reviewed no sooner than three years.
“Not expected,” the cases will normally be reviewed no sooner than five to seven years.

Failure to respond could result in the termination of your benefits.

Due to a current backlog of about 1.3 million CDRs, you may receive a Disability Update Report questionnaire instead of a notice that you will undergo full medical review. This questionnaire is a self-report on whether your health status has improved; and any recent medical care, employment, or training activity. If you report improvement or work activity, this information can trigger a full medical review, as does failure to complete and return the questionnaire. If you do not report any improvement or work activity (and there are no other reasons to suspect improvement), a full medical review is deferred.

The SSA cannot terminate benefits unless it finds substantial evidence of medical improvement enabling you to engage in substantial employment.

Generally, if your health has not improved or your disability still keeps you from working, no action will be taken. Specifically, the SSA must make at least one of the following four findings to terminate benefits:

You have improved medically and are able to engage in substantial gainful activity.
You have benefited from advances in medical or vocational therapy or technology, or undergone vocational therapy, and are now able to perform SGA.
Based on new or improved diagnostic techniques, your impairment is found to be not as disabling as previously thought and you are able to engage in SGA.
An earlier determination was in error. This can be demonstrated by evidence on the record or newly obtained evidence related to that determination.

The SSA can terminate benefits under the following conditions:

You are engaging in SGA.
The prior determination was fraudulently obtained.
You cannot be located, or fail without good cause to cooperate in a CDR.
You do not follow prescribed medical treatment that would be expected to restore work capacity.

You may be able to continue to receive benefits even if you are no longer considered medically eligible.

If you improve medically and are no longer considered medically eligible, you may continue receiving benefits, including Medicare, if:

You participate in an approved vocational rehabilitation program (public or private) before your eligibility ended; and
The SSA determines (with information provided by the vocational program) that the program likely will increase your permanent independence and self-sufficiency.

You can appeal a CDR decision

If the SSA determines you are no longer disabled and discontinues benefits, you can:

Appeal the decision within 60 days.

Complete a Request for Reconsideration form SSA-789-U4 from the local Social Security field office. The form is available online at http://www.socialsecurity.gov/forms/ssa-789.pdf.

Have a face-to-face hearing with a disability hearing officer who will make the decision on the appeal.

You can request provisional benefits during the appeal process.

The SSA can provide up to six months of provisional benefits (including Medicare) while your case is being reviewed. Beneficiaries do not have to repay provisional benefits even if the appeal is denied.

Important note: For benefits to continue during the time the case is being decided, the Request for Reconsideration must be submitted within 10 days of receiving the denial and include a specific request for continuation of benefits during the appeal.

You may restart benefits if you become ineligible under a work review.

If you become ineligible for SSDI benefits due to work at the SGA level, you may request to reinstate benefits at a later time, without filing a new application, provided:

You become unable to work and earn SGA because of the same or related medical condition.
You file the request for reinstatement with Social Security within 60 months from the month your benefits are terminated.

If you are participating in the Ticket to Work program, SSA will not schedule you for a medical CDR.

If you assign your Ticket to an approved service provider before you receive notice of a medical CDR, you will not have to undergo the medical review while you are participating in the program and making progress within the SSA’s time frames. However, if a medical CDR had been scheduled before you assigned your ticket, the SSA will continue with the medical CDR. For further information call us at (334) 208-7857.

05/27/2021

Scherf Law Firm has a win rate of 85% on Social Security Disability claims, well above the national average! We handle cases both in Alabama and Florida.

John Scherf earned his nickname the "Bulldog" due to his tenacity in the courtroom and has been selected as one of the "Top One Percent" of attorneys in the United States and named one of Alabama's "Top Ten Trial Lawyers". He has served as the Lead Litigator for various law firms including Scherf, Griffin & Davis; Scherf, Davis & Gedgoudas; and Scherf Law Firm. He has multiple office locations including Andalusia, Alabama (334) 208-7857 and Birmingham, Alabama (205) 922-5001.

Mr. Scherf earned his undergraduate degree at the University of West Florida, where he received a Bachelor of Arts (B.A.) in Psychology with a Minor in Criminal Justice in 1987. He went to law school at the Cumberland School of Law at Samford University, where he graduated with a Juris Doctorate of Law (J.D.) in 1991.

Mr. Scherf is licensed with the Alabama State Bar and all Federal US District Courts in Alabama. Selected as one of the Nation's "Top One Percent" of attorneys for 2017-2021 by the National Association of Distinguished Counsel (NADC). Specifically, less than 1% of practicing attorneys in the United States are members of the Nation’s Top Attorneys. The roster of NADC members truly includes the leading legends of the legal profession. Recently selected by (YAIOA) as one of the "Top 10 Best Lawyers in Alabama" for 2020-2021. Membership includes the most exceptional and seasoned trial lawyers in the State of Alabama. Nominated one of the "10 Best Attorneys" in Alabama for 2016-2021 by the American Institute of Personal Injury Attorneys (AIOPIA). The National Trial Lawyers Association (NTL) selected Mr. Scherf as one of the elite "Top 100 Trial Lawyers" for 2017-2021. Each of the distinguished Top 100 members possesses the knowledge, skill, experience and success held by only the best and finest lawyers in America. John "Bulldog" Scherf was also recently nominated by "Super Lawyers" which is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Only the top 5% of attorneys nationwide are selected for this honor! Let us fight for you!

05/27/2021

https://www.facebook.com/socialsecurity

Our Mission: Deliver quality Social Security services to the public.

https://www.ssa.gov/myaccount/

05/27/2021

Qualifying for Benefits Under Mental Disorders

The Social Security Administration, employers and “independent” physicians with a stake in denying benefits can be highly skeptical of mental disability claims under mental health listings. At the law firm of Scherf Law Firm, we know that mental disorders can be every bit as incapacitating as a physical disability.

We will treat you with dignity and compassion and give you an honest assessment of your Social Security Disability claim under a mental or cognitive impairment. If you have a good case, you will not find attorneys who are more qualified or more engaged in pursuit of the benefits you need.

Free case evaluation ·

Contact us online or call (334)-208-7857.

Our lawyers have handled thousands of Social Security Disability (SSD) and Supplemental Income (SSI) claims across Alabama, including hundreds of successful mental disorder cases.

Attorney John Scherf has won benefits for a wide range of mental disorder claims. He is knowledgeable about the medical criteria and the corroborating evidence necessary to prove how a person’s diagnosed condition is also disabling. We are equipped to handle all such mental and cognitive deficit claims:

Clinical depression
Bipolar disorder (“manic/depressive”)
Panic attacks and other anxiety disorders
Post-traumatic stress disorder (PTSD)
Schizophrenia
Autism spectrum disorders, including Asperger’s
Traumatic brain injury
Mental retardation
Borderline IQ and learning disabilities (especially with physical disabilities)

They use their insights in initial claims and in hearings and appeals to strengthen medical records with statements from physicians, neurologists, psychiatrists, psychologists, vocational specialists and other professionals. These experts can attest that the mental disorder — especially if coupled with any physical impairments — effectively renders you or your loved one incapable of returning to the work force or holding down a job for any length of time.

We care about our clients and we take your claim seriously. Scherf Law Firm, offers a free consultation, and we take no attorney fees unless we win your case.

Contact us online, or call (334)-208-7857.