Friday, November 2, 2012

BAMA FIRM - SOCIAL SECURITY DISABILITY

Social Security disability is provided by an insurance arm of the US Government under the Social Security Act.  When a worker earns money the government deducts FICA taxes and the employer contributes an equal share to the Social Security disability trust fund.  When the worker has worked a sufficient period of time to be insured he or she may file a disability claim upon becoming unable to work.  To receive benefits, a worker must prove
  1. that (s)he is not engaged in substantial gainful activity (work)
  2. that (s)he has a medically determinable impairment that will prevent work for at least 12 continuous months
  3. that he or she cannot perform either past relevant work or any other work
The Social Security disability program has grown so massive, complex and difficult that a whole industry has sprung up to help claimants obtain their benefits.  First, there is the Social Security administration following thousands of pages of laws, rules and regulations handed down by the Congress.  There are contracted state agencies appointed to examine claims and make decisions.  There are administrative law judges and their staffs who hear appeals on claims that are denied.  There is also an industry of professionals, attorneys and other advocates who help claimants navigate through the system and get their disability benefits.  If it sounds complicated, it is.

Why do I need a professional to help with my Social Security disability claim? 
  • About 70 percent of applications will be rejected, often in error.
  • A majority of rejected claims can be won by an affective appeal.
  • Social Security disability is governed by legal rules and regulations that usually require a professional to understand, interpret and use.
  • An appeal hearing is a legal proceedure where sworn testimony is given, witnesses may be cross-examined and your case argued.
  • Social Security law will dictate the outcome of your hearing.
We recommend that you consider an experienced professional advocate who has handled hearings before US administrative law judges.  A local advocate or counselor has the advantage of knowing the judges, being accessible to you, and being able to become personally acquainted with you prior to the hearing.  He or she may be able to recover more back pay and resolve your case more quickly.  You cannot be charged a fee unless your case has a happy ending and you recover back pay in a lump sum settlement.  Most representatives will qualify for direct fee withholding.  Social Security will approve and withhold the fee from the back pay and pay the representative by direct deposit from the US Treasury at about the same time the claimant receives his or her back payment.

The Forsythe Firm represents Social Security disability claimants at the following Social Security offices: 

In Alabama at:  Florence, Decatur, Cullman, Gadsden, Huntsville, Jasper, Anniston, Albertville (and others).

In Tennessee, we represent claimants at the Social Security hearing offices in:  Nashville, Franklin, Fayetteville, Tullahoma, Lawrenceburg, Chattanooga, etc.

Contact us for a free evaluation of your claim with no cost or obligation:
The Forsythe Firm, Telephone (256) 799-0297 or toll free 1-855-854-CASH.

You may email confidential details about your claim to us by visiting our website and clicking on "Tell Us About Your Claim."   



 
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.  Learn more at www.nosscr.org

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