It is possible to be found "disabled" by Social Security and yet not qualify for a check. How does this happen?
It can happen when a person files a claim for Supplemental Security Income or SSI. This is a welfare based program that has two requirements:
1. The claimant must be medically disabled or not able to work based on a medical condition. This is called the "medical requirement."
2. The second requirement is, the claimant must meet the financial resource, income and living arrangements required by SSI. This is called the "financial requirements."
Generally, an individual with more than $2,000 in resources will not qualify for SSI benefits. A couple with over $3,000 in resources will not qualify. In addition, there are strict limitations on household income. So, a person may meet the medical requirements (be disabled) but fail to meet the financial requirements.
These statements apply only to Supplemental Security Income or SSI, also called Title 16 benefits. They do not apply to Social Security disability benefits (SSDI), also called Title 2 benefits.
SSDI is a program based on the claimant's work record. He or she has worked and paid FICA tax into Social Security over the years, by payroll deduction, thus earning coverage under Title 2. There are no "financial requirements" for this person. However, persons filing for SSI have generally never worked, or have not worked enough to be covered by Title 2. They must meet both the medical and financial requirements established by SSI in order to get paid a benefit.
These programs are confusing and individuals often don't know which program they have filed under. The benefits are also very different. For example, the maximum benefit for SSI is $733 per month, while the maximum benefit for SSDI is over $2,600 per month. There is not waiting period for SSI, but SSDI does not pay for the first 5 months of disability. As I have already explained, there are income limits for SSI but not for SSDI.
If you have worked at least 5 out of the most recent 10 year period, then you want to file for SSDI. You only want to file for SSI if your work record won't support an SSDI claim--or in certain cases where the SSDI benefit will be very low (below $735 per month).
If you're confused by all this, seek out a representative or advocate who is qualified for Direct Payment of Fees by the Social Security Administration. He or she will be able to advise you on the best type of claim to file.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
HELPING HONEST, HARD WORKING PEOPLE GET THE DISABILITY BENEFITS THEY DESERVE. WE WORK TO GET YOU MAXIMUM BENEFITS AS QUICKLY AS POSSIBLE. Phone (256) 799-0297.
Sunday, November 19, 2017
Saturday, November 18, 2017
WHERE IS YOUR DISABIITY REPRESENTATIVE LOCATED?
So, you have hired an attorney or advocate to represent you before Social Security? Where is he or she located?
If you don't know, you are not alone. Thousands of Social Security disability claimants have representatives, they just don't know where they are.
If you call one of those 800 numbers you see on late night TV commercials, you are probably calling Los Angeles, Las Vegas, New York or some city that is 2,000 miles from Huntsville. And they may never actually tell you where they are. One thing is for sure, you will never meet them.
I am not saying that all of those guys do a bad job. I'm asking, "Do you want someone handling your Social Security disability claim who is 2,000 miles away, whom you cannot hope to meet? Do you want to meet your representative for the first time a few minutes before your hearing begins?
Or do you want a qualified local representative who will meet with you face to face and handle your local claim from his local office? The Forsythe Firm is located at 7027 Old Madison Pike NW in Huntsville. We're directly across from Bridge Street. You will meet us on day one when you have your first appointment. Your local Forsythe Firm advocate will prepare your case, file your claim, keep your case updated, and handle any appeals or hearings that are needed. We will be available to speak to you, on the phone or in our office face to face. The representative who shows up at your hearing will be the same familiar person you have been dealing with all along.
There are a large number of reputable, well qualified attorney and non-attorney representatives in North Alabama. They maintain local offices, local phone numbers and they are familiar with local judges who decide Social Security claims. Of course, no judge will pay you just because he or she knows your representative! However, there is an advantage to knowing how the judge operates, what his or her preferences are and how they run their hearings.
I think there is a lot to be said for not going 2,000 miles away to do business. We'd love to work with you...right here at home.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
If you don't know, you are not alone. Thousands of Social Security disability claimants have representatives, they just don't know where they are.
If you call one of those 800 numbers you see on late night TV commercials, you are probably calling Los Angeles, Las Vegas, New York or some city that is 2,000 miles from Huntsville. And they may never actually tell you where they are. One thing is for sure, you will never meet them.
I am not saying that all of those guys do a bad job. I'm asking, "Do you want someone handling your Social Security disability claim who is 2,000 miles away, whom you cannot hope to meet? Do you want to meet your representative for the first time a few minutes before your hearing begins?
Or do you want a qualified local representative who will meet with you face to face and handle your local claim from his local office? The Forsythe Firm is located at 7027 Old Madison Pike NW in Huntsville. We're directly across from Bridge Street. You will meet us on day one when you have your first appointment. Your local Forsythe Firm advocate will prepare your case, file your claim, keep your case updated, and handle any appeals or hearings that are needed. We will be available to speak to you, on the phone or in our office face to face. The representative who shows up at your hearing will be the same familiar person you have been dealing with all along.
There are a large number of reputable, well qualified attorney and non-attorney representatives in North Alabama. They maintain local offices, local phone numbers and they are familiar with local judges who decide Social Security claims. Of course, no judge will pay you just because he or she knows your representative! However, there is an advantage to knowing how the judge operates, what his or her preferences are and how they run their hearings.
I think there is a lot to be said for not going 2,000 miles away to do business. We'd love to work with you...right here at home.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
Saturday, November 11, 2017
BENEFITS FOR CROHN'S OR INFLAMMATORY BOWEL DISEASES
There are problems for persons trying to work with an inflammatory bowel disease, such as Crohn's Disease or ulcerative colitis.
These conditions usually require very frequent breaks to use the restroom. In fact, a worker may require a restroom be available at all times on very short notice. This can be disruptive to the work process, cause excessive time off task and otherwise call for accommodations that the employer cannot meet.
Also, these bowel disorders may result in pain and medical treatment which will cause absences in excess of one or two days per month, the most generally allowed by employers.
When I argue for disability benefits based on inflammatory bowel disorders, I ask the court to consider issues of concentration, persistence and pace. How often will flareups occur? How much time will be required away from the work station? How many days will the claimant be absent each month? How would an employer deal with a worker's need to go to the restroom 6 or 8 times during an 8-hour shift?
In many cases, if the medical evidence shows a persistent and severe case of inflammatory bowel disease, the court will agree that it prevents full-time work on "a regular and consistent basis," which is the standard. Therefore, disability benefits will be awarded.
It is important, to note, however, that judges are not willing to just accept subjective complaints. They want medical evidence to support the claimant's statements and complaints. Letters from former employers, co-workers or supervisors that validate the allegations can also be very useful.
THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
These conditions usually require very frequent breaks to use the restroom. In fact, a worker may require a restroom be available at all times on very short notice. This can be disruptive to the work process, cause excessive time off task and otherwise call for accommodations that the employer cannot meet.
Also, these bowel disorders may result in pain and medical treatment which will cause absences in excess of one or two days per month, the most generally allowed by employers.
When I argue for disability benefits based on inflammatory bowel disorders, I ask the court to consider issues of concentration, persistence and pace. How often will flareups occur? How much time will be required away from the work station? How many days will the claimant be absent each month? How would an employer deal with a worker's need to go to the restroom 6 or 8 times during an 8-hour shift?
In many cases, if the medical evidence shows a persistent and severe case of inflammatory bowel disease, the court will agree that it prevents full-time work on "a regular and consistent basis," which is the standard. Therefore, disability benefits will be awarded.
It is important, to note, however, that judges are not willing to just accept subjective complaints. They want medical evidence to support the claimant's statements and complaints. Letters from former employers, co-workers or supervisors that validate the allegations can also be very useful.
THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
Sunday, November 5, 2017
CERVICALGIA AND LUMBAGO: ARE THEY DISABLILNG?
Cervicalgia and Lumbago might qualify for disability benefits but it's not as simple as that. First, let's define the terms.
Cervicalgia in the simplest terms is neck pain. It is caused by three things. One is gravity. Your head weighs about 10 pounds and holding it erect all day puts enormous strain on the upper spine. Another thing is muscle strain caused by overuse, such as gardening, yard work or sports. A third cause of cervicalgia is degenerative disc disease or arthritis.
Lumbago is a word for lower back pain that doesn't radiate to the hips, buttocks or down the legs. The reason for back pain may or may not be known. While it is easy to diagnose, treatment is not so easy.
Now for the question, is lumbago or cervicalgia disabling according to Social Security rules? The answer: only if it causes you such severe symptoms that you cannot work.
Here are some general observations from my years as a Social Security disability claimant's representative:
1) Social Security doesn't like to award benefits for subjective complaints of pain without objective medical findings which explain the cause of the pain. In other words, they want to know the underlying cause of pain. Is it degenerative disc disease, degenerative joint disease, a herniated disc, spinal canal or foraminal stenosis, etc. They will prefer to have imaging (X-rays, MRI or CT scan) to show the cause of pain. So, a claimant who says, "My back hurts a lot but I don't know why" has a very weak case.
2) Social Security will need to be convinced that the symptoms of pain could reasonably be produced by the impairments shown in the objective medical evidence. In other words, is it reasonable from a medical point of view that your medical condition would produce as much pain as you claim?
3) Social Security decision makers must evaluate how back or neck pain restricts certain work related functions: sitting,standing, walking, bending, lifting, reaching, etc. They must also determine the degree of restrictions. For example, can you sit, stand, walk, bend or reach on a constant, frequent or occasional basis?
4) Finally, the decision maker must determine how your restrictions impact the occupational base -- or ability to perform jobs which exist in the national economy. With your age, education, past work experience and residual functional capacity, are you restricted to sedentary, light, medium or heavy exertion levels? What type of jobs and how many jobs exist in the national economy for persons with these restrictions? There are generally two sets of guidelines:
A. Persons age 50 or over who cannot perform their past relevant work and would be limited to sedentary work are generally disabled. This may not be true for younger individuals.
B. Persons under age 50 ("younger individuals") may not be disabled, even if they are no longer able to perform any of their past work. They may be found able to perform "other jobs" which exist in the national economy. For instance, a 45 year-old individual who was once a construction worker may not be able to perform construction work any longer. However, if he can do the work of a garment folder, inspector or small parts assembler he will be found not disabled and not eligible for benefits.
It takes a great deal of knowledge and skill to piece together a scenario that finds a person qualified to receive benefits\ under the regulations. It's not as simple as presenting a medical record that shows complaints of neck pain or back pain. You must show severe symptoms (explained by tests and objective findings) which severely erode the occupational base. Then, if the judge is sympathetic, you may be awarded benefits.
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
FORSYTHE FIRM - SOCIAL SECURITY JUSTICE WEBSITE
Cervicalgia in the simplest terms is neck pain. It is caused by three things. One is gravity. Your head weighs about 10 pounds and holding it erect all day puts enormous strain on the upper spine. Another thing is muscle strain caused by overuse, such as gardening, yard work or sports. A third cause of cervicalgia is degenerative disc disease or arthritis.
Lumbago is a word for lower back pain that doesn't radiate to the hips, buttocks or down the legs. The reason for back pain may or may not be known. While it is easy to diagnose, treatment is not so easy.
Now for the question, is lumbago or cervicalgia disabling according to Social Security rules? The answer: only if it causes you such severe symptoms that you cannot work.
Here are some general observations from my years as a Social Security disability claimant's representative:
1) Social Security doesn't like to award benefits for subjective complaints of pain without objective medical findings which explain the cause of the pain. In other words, they want to know the underlying cause of pain. Is it degenerative disc disease, degenerative joint disease, a herniated disc, spinal canal or foraminal stenosis, etc. They will prefer to have imaging (X-rays, MRI or CT scan) to show the cause of pain. So, a claimant who says, "My back hurts a lot but I don't know why" has a very weak case.
2) Social Security will need to be convinced that the symptoms of pain could reasonably be produced by the impairments shown in the objective medical evidence. In other words, is it reasonable from a medical point of view that your medical condition would produce as much pain as you claim?
3) Social Security decision makers must evaluate how back or neck pain restricts certain work related functions: sitting,standing, walking, bending, lifting, reaching, etc. They must also determine the degree of restrictions. For example, can you sit, stand, walk, bend or reach on a constant, frequent or occasional basis?
4) Finally, the decision maker must determine how your restrictions impact the occupational base -- or ability to perform jobs which exist in the national economy. With your age, education, past work experience and residual functional capacity, are you restricted to sedentary, light, medium or heavy exertion levels? What type of jobs and how many jobs exist in the national economy for persons with these restrictions? There are generally two sets of guidelines:
A. Persons age 50 or over who cannot perform their past relevant work and would be limited to sedentary work are generally disabled. This may not be true for younger individuals.
B. Persons under age 50 ("younger individuals") may not be disabled, even if they are no longer able to perform any of their past work. They may be found able to perform "other jobs" which exist in the national economy. For instance, a 45 year-old individual who was once a construction worker may not be able to perform construction work any longer. However, if he can do the work of a garment folder, inspector or small parts assembler he will be found not disabled and not eligible for benefits.
It takes a great deal of knowledge and skill to piece together a scenario that finds a person qualified to receive benefits\ under the regulations. It's not as simple as presenting a medical record that shows complaints of neck pain or back pain. You must show severe symptoms (explained by tests and objective findings) which severely erode the occupational base. Then, if the judge is sympathetic, you may be awarded benefits.
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
FORSYTHE FIRM - SOCIAL SECURITY JUSTICE WEBSITE
FILING A SUCCESSFUL VETERANS DISABILITY CLAIM
Disabled veterans get priority with Social Security, especially if they have a 100 percent VA disability rating in place.
In our experience, here are things that will help veterans get a faster decision and a faster disability approval:
1. Make certain your application and the many attending forms and questionaaires are complete, accurate and "flawless."
2. Provide all of your medical providers, including their names, addresses, phone numbers and estimated dates of service.
3. Send Social Security a copy of your DD-214 with the application.
4. Send a copy of your VA disability award letter. If you have a 100 percent VA disability rating, attach a letter requesting expedited processing of your claim. It is the veteran's responsibility to request expedited processing and to document eligibility requirements.
5. About 14 days after you submit your application, call Social Security to verify that they have expedited your claim. Many times, Social Security will fail to expedite because of neglect or a careless error. Never assume they have expedited; always check to verify. An expedited veteran's claim can settle months earlier than a normal claim.
If you'd rather not take the responsibility for handling a claim upon yourself, contact us at the Forsythe Firm for help. We can deal with the government for you. (256) 799--0297.
GET MORE INFORMATION
In our experience, here are things that will help veterans get a faster decision and a faster disability approval:
1. Make certain your application and the many attending forms and questionaaires are complete, accurate and "flawless."
2. Provide all of your medical providers, including their names, addresses, phone numbers and estimated dates of service.
3. Send Social Security a copy of your DD-214 with the application.
4. Send a copy of your VA disability award letter. If you have a 100 percent VA disability rating, attach a letter requesting expedited processing of your claim. It is the veteran's responsibility to request expedited processing and to document eligibility requirements.
5. About 14 days after you submit your application, call Social Security to verify that they have expedited your claim. Many times, Social Security will fail to expedite because of neglect or a careless error. Never assume they have expedited; always check to verify. An expedited veteran's claim can settle months earlier than a normal claim.
If you'd rather not take the responsibility for handling a claim upon yourself, contact us at the Forsythe Firm for help. We can deal with the government for you. (256) 799--0297.
GET MORE INFORMATION
Friday, November 3, 2017
WHAT IS SSDI AND HOW CAN A DISABLED WORKER APPLY?
SSDI simply stands for "Social Security Disability Insurance."
It's an insurance program mandated by the federal government and paid for by payroll deductions (called FICA withholding). The government withholds 7.5% of your wages and puts the money into a Social Security trust fund. Your employer matches this money. If you become disabled, you can apply for a monthly benefit out of the trust fund. It's called simply "Social Security disability."
IS IT WELFARE? No, it is not welfare. It is an insurance plan that workers pay for--much the same way you would pay for auto insurance, life insurance or homeowners insurance. It's just that the federal government forces you to buy it when you go to work.
MUST I BE POOR TO COLLECT A BENEFIT? No. SSDI is not means tested. You don't need to be poor to qualify for it. There is no limit on how much money you have, what type of home you live in, what property you own, etc. You don't have to prove that you need the benefit financially--only that you are disabled and meet the terms of disability under the regulations.
IS THE SSDI BENEFIT HARD TO GET? Yes. You must prove that you are unable to work at any full-time job in the US economy because of your medical condition(s). The rules are very strict. It can take 4 months to 24 months or longer to get approved. Many people get attorneys or other specialists called non-attorney representatives to help them prove that they are disabled according to Social Security's rules. A hearing before a federal administrative law judge is often required.
WHAT WILL AN ATTORNEY COST? A representative cannot charge you a fee until (a) you are approved for a benefit and (b) you receive a back payment award. Then, Social Security will withhold an agreed upon percentage of back pay for the representative. If you are never awarded a benefit OR if you are awarded a benefit but without any back pay, your representative cannot charge a fee.
HOW DO I BEGIN? You can apply for a disability benefit yourself or make an appointment with a representative to help you file an application. Apply online at www.socialsecurity.gov.
The Forsythe Firm will meet with you at no cost or obligation, review your claim, and decide if we can add value to your case. If we represent you there will be no charge for our representation until you win + receive past due benefits. Social Security will withhold our fee from your past due benefits and pay us directly. Our initial consultation is absolutely free, without obligation and it is confidential. You will need an appointment.
Call (256) 799-0297 in Huntsville.
Our Website Has More Information About Us
It's an insurance program mandated by the federal government and paid for by payroll deductions (called FICA withholding). The government withholds 7.5% of your wages and puts the money into a Social Security trust fund. Your employer matches this money. If you become disabled, you can apply for a monthly benefit out of the trust fund. It's called simply "Social Security disability."
IS IT WELFARE? No, it is not welfare. It is an insurance plan that workers pay for--much the same way you would pay for auto insurance, life insurance or homeowners insurance. It's just that the federal government forces you to buy it when you go to work.
MUST I BE POOR TO COLLECT A BENEFIT? No. SSDI is not means tested. You don't need to be poor to qualify for it. There is no limit on how much money you have, what type of home you live in, what property you own, etc. You don't have to prove that you need the benefit financially--only that you are disabled and meet the terms of disability under the regulations.
IS THE SSDI BENEFIT HARD TO GET? Yes. You must prove that you are unable to work at any full-time job in the US economy because of your medical condition(s). The rules are very strict. It can take 4 months to 24 months or longer to get approved. Many people get attorneys or other specialists called non-attorney representatives to help them prove that they are disabled according to Social Security's rules. A hearing before a federal administrative law judge is often required.
WHAT WILL AN ATTORNEY COST? A representative cannot charge you a fee until (a) you are approved for a benefit and (b) you receive a back payment award. Then, Social Security will withhold an agreed upon percentage of back pay for the representative. If you are never awarded a benefit OR if you are awarded a benefit but without any back pay, your representative cannot charge a fee.
HOW DO I BEGIN? You can apply for a disability benefit yourself or make an appointment with a representative to help you file an application. Apply online at www.socialsecurity.gov.
The Forsythe Firm will meet with you at no cost or obligation, review your claim, and decide if we can add value to your case. If we represent you there will be no charge for our representation until you win + receive past due benefits. Social Security will withhold our fee from your past due benefits and pay us directly. Our initial consultation is absolutely free, without obligation and it is confidential. You will need an appointment.
Call (256) 799-0297 in Huntsville.
Our Website Has More Information About Us
APPLY FOR DISABILITY BENEFITS IN ATHENS, AL
Athens, AL workers who become disabled may qualify for up to $2,687 per month from the US Social Security Administration. The actual monthly benefit will be determined using the worker's cumulative wage and FICA withholding record. In 2017, the average SSDI benefit was around $1,150 per month.
What are the general requirements to get a SSDI benefit? A worker must have a severe medically determinable impairment that has lasted for at least 12 consecutive months (or is expected to last for 12 consecutive months OR to end in death). This impairment must significantly restrict the claimant's ability to perform full-time work. There must be adequate medical records to show the onset and severity of the symptoms.
An application may be filed in one of 3 ways:
1. On the internet at www.socialsecurity.gov (Go to "Disability" then "Apply for Disability" then "Start a New Application." Allow at least 90 minutes to complete this application.
2. Call the nearest Social Security field office. For Athens, this is the Decatur Social Security office at (888) 289-9185. Or visit Social Security in person at 717 McGlathery Lane, Decatur, AL 35601.
3. Have an attorney or non-attorney representative file your claim for you and work toward having it approved. You cannot be charged a fee simply for help with the application. However, representatives may charge a fee if you are approved and receive an award of back pay. Your representative will also assist you in getting medical evidence, submitting evidence and completing all the Social Security forms that will come in the mail after you submit your application.
After you submit you application and all attending forms, it will take about 4 months to get a decision. Unfortunately, about two-thirds of applications will be denied. When this happens, you need to file an immediate appeal and ask for a hearing. If you are represented, your representative will do this for you.
The Forsythe Firm handles Social Security disability applications, appeals and hearings in Athens and north Alabama. Here is information about the Forsythe Firm:
THE FORSYTHE FIRM
Athens Phone (256) 431-1599
Huntsville Phone (256) 799-0297
Visit Us On The Web - Tell Us About Your Case
What are the general requirements to get a SSDI benefit? A worker must have a severe medically determinable impairment that has lasted for at least 12 consecutive months (or is expected to last for 12 consecutive months OR to end in death). This impairment must significantly restrict the claimant's ability to perform full-time work. There must be adequate medical records to show the onset and severity of the symptoms.
An application may be filed in one of 3 ways:
1. On the internet at www.socialsecurity.gov (Go to "Disability" then "Apply for Disability" then "Start a New Application." Allow at least 90 minutes to complete this application.
2. Call the nearest Social Security field office. For Athens, this is the Decatur Social Security office at (888) 289-9185. Or visit Social Security in person at 717 McGlathery Lane, Decatur, AL 35601.
3. Have an attorney or non-attorney representative file your claim for you and work toward having it approved. You cannot be charged a fee simply for help with the application. However, representatives may charge a fee if you are approved and receive an award of back pay. Your representative will also assist you in getting medical evidence, submitting evidence and completing all the Social Security forms that will come in the mail after you submit your application.
After you submit you application and all attending forms, it will take about 4 months to get a decision. Unfortunately, about two-thirds of applications will be denied. When this happens, you need to file an immediate appeal and ask for a hearing. If you are represented, your representative will do this for you.
The Forsythe Firm handles Social Security disability applications, appeals and hearings in Athens and north Alabama. Here is information about the Forsythe Firm:
- Local north Alabama advocates helping local folks
- Free consultation and case evaluation
- No fees or money upfront - ever
- Pay us a fee only if you are approved and receive back pay
- We pay all expenses associated with your claim up front; you pay us back only if you win and recover past due benefits.
- Deal with local disability specialists - not long distance or mail.
- We are accessible and will return your phone calls.
- We practice only in field of Social Security disability
THE FORSYTHE FIRM
Athens Phone (256) 431-1599
Huntsville Phone (256) 799-0297
Visit Us On The Web - Tell Us About Your Case
THE INTERNET MISLEADS CLAIMANTS LOOKING FOR SOCIAL SECURITY DISABILITY
THE INTERNET MISLEADS CLAIMANTS LOOKING FOR SOCIAL SECURITY DISABILITY
Individuals get on the internet looking for information about who may qualify for Social Security disability benefits. And they often get misinformed.
Most likely, the search engine will direct you to the Social Security Listings. These are lists of medical conditions, arranged by body systems, with a list of symptoms and laboratory findings that must be present to meet a listing. Almost nobody meets a listing (and yet they may qualify for disability benefits).
Let's say for example, you google "Social Security disability for (my disease)." You will be taken to a long complicated set of symptoms and laboratory tests that you must meet for that listing. You will come away from it saying, "My condition is not that bad" or "I couldn't meet all of those standards."
Here is why the internet can be terribly misleading:
1. Most people who qualify for Social Security disability do not meet a listing. They qualify anyway but very few will meet a listing. A listing award is made at Step 3 of the process. Most awards, however, are made at Step 4 or 5 of the process and apply to persons who do not meet a listing.
Of all the cases I win, I would say that fewer than 1 in 10 meet a listing.
2. Listings do not consider non-exertional impairments. Exertional impairments restrict walking, lifting, pushing, pulling, etc. They do not consider postural limitations like kneeling, crouching, crawling, reaching, handling, feeling, etc. Listings also do not consider any mental limitations from depression, anxiety, PTSD, insomnia, etc. Listings do not consider pain or fatigue. All these factors (and many others) may cause you to be disabled, but you will never know it simply by reading the listings.
HERE'S THE BOTTOM LINE: Don't access your own disability case online and miss out on benefits because you think you can't qualify. A surgeon would tell you, "Don't diagnose your own medical condition to decide if you need surgery. Let a doctor do that."
My advice is: Don't try to evaluate your own disability claim online and fail to apply because you mistakenly believe you can't qualify. Let an expert help you with that.
Even if you don't meet a listing (and most disabled people will not) - you may be disabled because of a combination of symptoms, including pain, fatigue, lack of concentration, postural limitations (can't sit or stand for prolonged periods); or you would be absent too many days because of your medical conditions. There are a hundred factors that need to be considered, including age, education, past relevant work experience, and residual functional capacity--none of which are evident by reading the listings online.
"The internet is an OK place to look for general Social Security information. However, it is dangerous to try to evaluate your case or odds of getting a disability benefit online. You will be misled and may fail to claim what you are entitled to. Get an expert opinion before you give up."
Call the Forsythe Firm at (256) 799-0297 and we will give your situation a free personal review, considering your age, education, past work, medical condition and limitations in your ability to perform work activity at the various exertion levels.
forsythefirm.wixsite.com/website
THE INTERNET MISLEADS CLAIMANTS LOOKING FOR SOCIAL SECURITY DISABILITY
Where is the first place people look when searching for information? Why, the internet of course!
Individuals get on the internet looking for information about who qualifies for Social Security disability. And they often get misinformed.
Most likely, the search engine will direct you to the Social Security Listings. These are lists of medical conditions, arranged by body systems, and a list of symptoms and laboratory findings that must be present to meet a listing. Almost nobody meets a listing (and yet they may qualify for disability benefits).
Let's say for example, you google "Social Security disability for (my disease)." You will be taken to a long complicated set of symptoms and laboratory tests that you must meet for that listing. You will come away from it saying, "I'm not in that bad a shape," or "I couldn't meet all of those standards."
Here is why this is terribly misleading:
1. Most people who qualify for Social Security disability do not meet a listing. They qualify anyway but very few will meet a listing. A listing award is made at Step 3 of the process. Most awards, however, are made at Step 4 or 5 of the process and apply to persons who do not meet a listing.
Of all the cases I win, I would say that fewer than 1 in 10 meet a listing.
2. Listings do not consider non-exertional impairments. Exertional impairments restrict walking, lifting, pushing, pulling, etc. They do not consider postural limitations like kneeling, crouching, crawling, reaching, handling, feeling, etc. Listings also do not consider any mental limitations from depression, anxiety, PTSD, insomnia, etc. Listings do not consider pain or fatigue. All these factors (and many others) may cause you to be disabled, but you will never know it simply by reading the listings.
HERE'S THE BOTTOM LINE: Don't access your own disability case online and miss out on benefits because you think you can't qualify. A surgeon would tell you, "Don't diagnose your own medical condition to decide if you need surgery. Let a doctor do that."
My advice is: Don't try to evaluate your own disability claim online and fail to apply because you mistakenly believe you can't qualify. Let an expert help you with that.
Even if you don't meet a listing (and most disabled people will not) - you may be disabled because of a combination of symptoms, including pain, fatigue, lack of concentration, postural limitations (can't sit or stand for prolonged periods); or you would be absent too many days because of your medical conditions. There are a hundred factors that need to be considered, including age, education, past relevant work experience, and residual functional capacity--none of which are evident by reading the listings online.
Call the Forsythe Firm at (256) 799-0297 and we will give your situation a free personal review, considering your age, education, past work, medical condition and limitations in your ability to perform work activity at the various exertion levels.
forsythefirm.wixsite.com/website
Individuals get on the internet looking for information about who qualifies for Social Security disability. And they often get misinformed.
Most likely, the search engine will direct you to the Social Security Listings. These are lists of medical conditions, arranged by body systems, and a list of symptoms and laboratory findings that must be present to meet a listing. Almost nobody meets a listing (and yet they may qualify for disability benefits).
Let's say for example, you google "Social Security disability for (my disease)." You will be taken to a long complicated set of symptoms and laboratory tests that you must meet for that listing. You will come away from it saying, "I'm not in that bad a shape," or "I couldn't meet all of those standards."
Here is why this is terribly misleading:
1. Most people who qualify for Social Security disability do not meet a listing. They qualify anyway but very few will meet a listing. A listing award is made at Step 3 of the process. Most awards, however, are made at Step 4 or 5 of the process and apply to persons who do not meet a listing.
Of all the cases I win, I would say that fewer than 1 in 10 meet a listing.
2. Listings do not consider non-exertional impairments. Exertional impairments restrict walking, lifting, pushing, pulling, etc. They do not consider postural limitations like kneeling, crouching, crawling, reaching, handling, feeling, etc. Listings also do not consider any mental limitations from depression, anxiety, PTSD, insomnia, etc. Listings do not consider pain or fatigue. All these factors (and many others) may cause you to be disabled, but you will never know it simply by reading the listings.
HERE'S THE BOTTOM LINE: Don't access your own disability case online and miss out on benefits because you think you can't qualify. A surgeon would tell you, "Don't diagnose your own medical condition to decide if you need surgery. Let a doctor do that."
My advice is: Don't try to evaluate your own disability claim online and fail to apply because you mistakenly believe you can't qualify. Let an expert help you with that.
Even if you don't meet a listing (and most disabled people will not) - you may be disabled because of a combination of symptoms, including pain, fatigue, lack of concentration, postural limitations (can't sit or stand for prolonged periods); or you would be absent too many days because of your medical conditions. There are a hundred factors that need to be considered, including age, education, past relevant work experience, and residual functional capacity--none of which are evident by reading the listings online.
"The internet is an OK place to look for general Social Security information. However, it is dangerous to try to evaluate your case or odds of getting a disability benefit online. You will be misled and may fail to claim what you are entitled to. Get an expert opinion before you give up."
Call the Forsythe Firm at (256) 799-0297 and we will give your situation a free personal review, considering your age, education, past work, medical condition and limitations in your ability to perform work activity at the various exertion levels.
forsythefirm.wixsite.com/website
5 CONSIDERATIONS (STEPS) IN A SOCIAL SECURITY DISABILITY DECISION
Are you disabled according to the Social Security Act?
That is a legal question. You may be disabled in your opinion, in your doctor's opinion or in your attorney's opinion. But you won't get paid unless you can prove that you are disabled according to the Social Security Act and its attending regulations.
Social Security will use a mandatory and sequential five-step process to decide. When you have a hearing, all 5 steps will be considered during that one 45-minute process. Here are the 5 steps with very brief explanations.
STEP 1: Are you now working at substantial gainful activity? If so, you are not legally disabled, no matter how sick you are or how old you are. You cannot work and be disabled at the same time. In 2018 the definition of "substantial gainful activity" is defined as earning at least $1,180 per month (from work related activity).
STEP 2: Do you have a severe, medically determinable impairment that has lasted or is expected to last for at least 12 consecutive months OR to end in death? If no, you are not disabled. Short term disabilities that last less than 1 year are not covered by Social Security.
STEP 3: Do you meet one of Social Security's published listings? In other words, are your symptoms so severe that Social Security automatically recognizes them as disabling? If yes, you are approved. If no, you will move on to Step 4. First, however, Social Security must determine your residual functional capacity--that is, what is the most you are able to do in terms of exertional activity? (Note: Very few claimants, even those who get approved, will meet a listing; you can be approved without meeting a listing).
STEP 4: Are you physically and mentally able to perform any of your past relevant work (any of the jobs you performed during the 15-year period before you applied for disability)? If you are, you are not disabled. If you are not, move on to Step 5.
STEP 5: The final step. Is there any work in the national economy that you are now able to perform, considering (only) your age, education, past work experience and residual functional capacity? If the answer is yes, you are not disabled. If the answer is no, you are disabled and will be approved for benefits.
I think you can see from this sketch of the decision making process that Social Security disability is a very tough nut to crack. It is for persons who have reached the end of their working careers and are not able to perform any type of full-time work. It is not for persons who work in pain, who really don't feel like working or who believe it is time to slow down a bit. Social Security works hard to keep people off disability benefits until it is their absolute last option.
I would add this, however. The initial decision making process at Social Security is very imperfect. Honestly, I would say it is flawed. They deny individuals who really should be approved because they should meet the rules for disability benefits. So, don't take their word for it when they tell you that you are not disabled. About one-half of those denials will be overturned in the appeal process and benefits will be awarded. The main point is: appeal, appeal, appeal.
1. Apply
2. Get Denied
3. Appeal and go to hearing (Most cases that are won, are won here at this third step).
4. Appeal again if denied at the hearing
Remember, your first decision from Social Security is probably not the correct decision. Those errors are corrected only by appeal, not usually by filing a new claim.
THE FORSYTHE FIRM
PH (256) 799-0297
That is a legal question. You may be disabled in your opinion, in your doctor's opinion or in your attorney's opinion. But you won't get paid unless you can prove that you are disabled according to the Social Security Act and its attending regulations.
Social Security will use a mandatory and sequential five-step process to decide. When you have a hearing, all 5 steps will be considered during that one 45-minute process. Here are the 5 steps with very brief explanations.
STEP 1: Are you now working at substantial gainful activity? If so, you are not legally disabled, no matter how sick you are or how old you are. You cannot work and be disabled at the same time. In 2018 the definition of "substantial gainful activity" is defined as earning at least $1,180 per month (from work related activity).
STEP 2: Do you have a severe, medically determinable impairment that has lasted or is expected to last for at least 12 consecutive months OR to end in death? If no, you are not disabled. Short term disabilities that last less than 1 year are not covered by Social Security.
STEP 3: Do you meet one of Social Security's published listings? In other words, are your symptoms so severe that Social Security automatically recognizes them as disabling? If yes, you are approved. If no, you will move on to Step 4. First, however, Social Security must determine your residual functional capacity--that is, what is the most you are able to do in terms of exertional activity? (Note: Very few claimants, even those who get approved, will meet a listing; you can be approved without meeting a listing).
STEP 4: Are you physically and mentally able to perform any of your past relevant work (any of the jobs you performed during the 15-year period before you applied for disability)? If you are, you are not disabled. If you are not, move on to Step 5.
STEP 5: The final step. Is there any work in the national economy that you are now able to perform, considering (only) your age, education, past work experience and residual functional capacity? If the answer is yes, you are not disabled. If the answer is no, you are disabled and will be approved for benefits.
I think you can see from this sketch of the decision making process that Social Security disability is a very tough nut to crack. It is for persons who have reached the end of their working careers and are not able to perform any type of full-time work. It is not for persons who work in pain, who really don't feel like working or who believe it is time to slow down a bit. Social Security works hard to keep people off disability benefits until it is their absolute last option.
I would add this, however. The initial decision making process at Social Security is very imperfect. Honestly, I would say it is flawed. They deny individuals who really should be approved because they should meet the rules for disability benefits. So, don't take their word for it when they tell you that you are not disabled. About one-half of those denials will be overturned in the appeal process and benefits will be awarded. The main point is: appeal, appeal, appeal.
1. Apply
2. Get Denied
3. Appeal and go to hearing (Most cases that are won, are won here at this third step).
4. Appeal again if denied at the hearing
Remember, your first decision from Social Security is probably not the correct decision. Those errors are corrected only by appeal, not usually by filing a new claim.
THE FORSYTHE FIRM
PH (256) 799-0297
EXPLAIN MY SOCIAL SECURITY DENIAL
Understanding why you were denied disability benefits is a good way to know what do to next and how to get paid.
While Social Security can deny a claim at any of the 5 sequential steps, denials are more common at Step 4 and Step 5. So, these are the steps I want to discuss here.
STEP 4 DENIAL. Your letter will ready something like this: "We find that you are not entitled to disability benefits. This is because you are not disabled according to our rules. You state that you cannot work because of (list of impairments); however, we have determined that you can perform some of your past relevant work."
A Step 4 denial simply means that the decision maker believes you are able to return to one of the types of jobs you have held during the past 15 years. Even if you can't perform the exact job, they believe you can perform the job as it is customarily performed in the national economy. For example, let's say you once worked as a cashier in a convenience store. Once or twice a week you also had to help unload a delivery truck, which was much harder work. You may not be able to perform that exact job any more because of unloading the truck; however, Social Security will argue that you could work as a cashier in a place that did not require unloading trucks. So, Step 4 says you can return to some of your work you did in the past.
STEP 5 DENIALS acknowledge that you cannot perform any of your past jobs. They look at all the full-time jobs you've held during the past 15 years and say, "No--all those jobs are beyond your capacity. Can't do those any more." However, Social Security will argue that there is other work in the national economy that you could do, even with your present impairments. Your past jobs may have been in the medium exertion level, for instance, that required lifting up to 50 pounds. You can no longer do medium level work. However, they will here argue that you could do light or sedentary work. Light work requires lifting no more than 20 pounds occasionally. Sedentary work requires lifting no more than 10 pounds occasionally. So, perhaps you can't be a construction worker any longer but you could be a laundry sorter, ticket taker or garment tagger. So, you would be denied on the theory that there is some work in the US economy that you could perform.
THE SOLUTION? Appeal and ask to appear at a hearing. Have your attorney or representative prepare a medical case that shows you are not able to perform even light or sedentary jobs. This will involve a careful and detailed analysis of your medical records, getting any new evidence available, obtaining a source statement from your treating doctor(s) and preparing to question Social Security's vocational expert that the hearing. Unless you really know Social Security law and are skilled at making legal arguments, this is not something you want to attempt by yourself.
LEARN HOW WE CAN HELP YOU GET BENEFITS
CALL US AT (256) 799-0297
While Social Security can deny a claim at any of the 5 sequential steps, denials are more common at Step 4 and Step 5. So, these are the steps I want to discuss here.
STEP 4 DENIAL. Your letter will ready something like this: "We find that you are not entitled to disability benefits. This is because you are not disabled according to our rules. You state that you cannot work because of (list of impairments); however, we have determined that you can perform some of your past relevant work."
A Step 4 denial simply means that the decision maker believes you are able to return to one of the types of jobs you have held during the past 15 years. Even if you can't perform the exact job, they believe you can perform the job as it is customarily performed in the national economy. For example, let's say you once worked as a cashier in a convenience store. Once or twice a week you also had to help unload a delivery truck, which was much harder work. You may not be able to perform that exact job any more because of unloading the truck; however, Social Security will argue that you could work as a cashier in a place that did not require unloading trucks. So, Step 4 says you can return to some of your work you did in the past.
STEP 5 DENIALS acknowledge that you cannot perform any of your past jobs. They look at all the full-time jobs you've held during the past 15 years and say, "No--all those jobs are beyond your capacity. Can't do those any more." However, Social Security will argue that there is other work in the national economy that you could do, even with your present impairments. Your past jobs may have been in the medium exertion level, for instance, that required lifting up to 50 pounds. You can no longer do medium level work. However, they will here argue that you could do light or sedentary work. Light work requires lifting no more than 20 pounds occasionally. Sedentary work requires lifting no more than 10 pounds occasionally. So, perhaps you can't be a construction worker any longer but you could be a laundry sorter, ticket taker or garment tagger. So, you would be denied on the theory that there is some work in the US economy that you could perform.
THE SOLUTION? Appeal and ask to appear at a hearing. Have your attorney or representative prepare a medical case that shows you are not able to perform even light or sedentary jobs. This will involve a careful and detailed analysis of your medical records, getting any new evidence available, obtaining a source statement from your treating doctor(s) and preparing to question Social Security's vocational expert that the hearing. Unless you really know Social Security law and are skilled at making legal arguments, this is not something you want to attempt by yourself.
LEARN HOW WE CAN HELP YOU GET BENEFITS
CALL US AT (256) 799-0297
Sunday, October 22, 2017
FACTORS AFFECTING YOUR SOCIAL SECURITY DISABILITY CLAIM
There are several factors that will affect whether or not you can receive Social Security disability benefits. Some of these factors you can control and some you can't.
AGE: While persons of all ages get disability benefits, it is clear that persons who are age 50 or older have an advantage.
EDUCATION: Education generally prepares a person to work. Individuals with more education may have access to more jobs than individuals who have limited education. Thus, a highly educated person may have more of a challenge with a disability claim.
PAST WORK EXPERIENCE: A highly skilled person is able to perform jobs that the unskilled person cannot. Therefore, skilled jobs may be lighter work or less physically demanding than unskilled jobs.
MEDICAL IMPAIRMENT(S): All claimants must have a severe, medically determinable impairment that interferes with the ability to work on a full-time basis. Medical evidence of such impairment(s) will be required.
WHICH JUDGE HEARS YOUR CASE: If your case goes to appeal, you will appear before an Administrative Law judge (ALJ). You would think that since the judge reviews the same evidence and follows the same rules, the process would be consistent. It isn't. Each judge approaches a hearing slightly differently. Each judge will apply his or her judgment in making a decision as to whether or not you are disabled. Some judges approve a higher percentage of cases than others. We cannot pick our judge; they are assigned randomly. But the judge you are assigned to will definitely have a bearing on your odds of receiving an award.
Please see my website for more information on Social Security disability and how we may be able to help.
FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
AGE: While persons of all ages get disability benefits, it is clear that persons who are age 50 or older have an advantage.
EDUCATION: Education generally prepares a person to work. Individuals with more education may have access to more jobs than individuals who have limited education. Thus, a highly educated person may have more of a challenge with a disability claim.
PAST WORK EXPERIENCE: A highly skilled person is able to perform jobs that the unskilled person cannot. Therefore, skilled jobs may be lighter work or less physically demanding than unskilled jobs.
MEDICAL IMPAIRMENT(S): All claimants must have a severe, medically determinable impairment that interferes with the ability to work on a full-time basis. Medical evidence of such impairment(s) will be required.
WHICH JUDGE HEARS YOUR CASE: If your case goes to appeal, you will appear before an Administrative Law judge (ALJ). You would think that since the judge reviews the same evidence and follows the same rules, the process would be consistent. It isn't. Each judge approaches a hearing slightly differently. Each judge will apply his or her judgment in making a decision as to whether or not you are disabled. Some judges approve a higher percentage of cases than others. We cannot pick our judge; they are assigned randomly. But the judge you are assigned to will definitely have a bearing on your odds of receiving an award.
Please see my website for more information on Social Security disability and how we may be able to help.
FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
CAN YOU QUALIFY FOR A DISABILITY CHECK?
1 out of 4 adults will become disabled prior to the age of 65. If these individuals have worked and paid into the Social Security trust fund, they may be able to receive a monthly disability check.
Here are the basic requirements to be found disabled by Social Security:
1. You have a severe, medically determinable impairment which has lasted, or is expected to last for at least 12 consecutive months OR to end in death. (No short term disability benefit).
2. Your impairment prevents your ability to perform any of your past work or any other work available in substantial numbers in the United States economy. (The requirements are a bit easier for persons age 50 and over).
For purposes of determining whether you can perform any past work, Social Security looks at full-time jobs you performed during the 15 years immediately prior to file for disability. Work that you did more than 15 years ago is not considered "past relevant work."
There are dozens of pages of forms, questionnaires and interrogatories involved in a disability application. Denials can occur if the application is hastily prepared or simply not prepared correctly. I help my clients file the initial application because I want it to be complete, accurate and well prepared. This gives us the best chance of approval at the initial level--saves time and may get the client paid sooner.
As with most things, the devil is in the details. Social Security frequently finds that the claimant's impairments are not severe enough to prevent all work, therefore, will deny the claim. This is a very common occurrence--the rule and not the exception. When your claim is denied, you file an appeal within 60 days and get ready for a hearing before an administrative law judge. The average person will need help with this appeal because the hearing that follows is a complicated legal proceeding.
I prepare the evidence for the appeal hearing, in which both I and the claimant will appear. I meet with the claimant a few days before the hearing to prepare him or her for the appearance. At the hearing, I am there to assist with presenting evidence, making arguments or answering questions. My job is: Make sure the claimant has every opportunity to win the case and get maximum benefits available under the Social Security regulations.
Click on the Forsythe Firm website to find out more about how good representation may help you with your disability claim.
LEARN MORE ABOUT HOW WE CAN HELP YOU
Here are the basic requirements to be found disabled by Social Security:
1. You have a severe, medically determinable impairment which has lasted, or is expected to last for at least 12 consecutive months OR to end in death. (No short term disability benefit).
2. Your impairment prevents your ability to perform any of your past work or any other work available in substantial numbers in the United States economy. (The requirements are a bit easier for persons age 50 and over).
For purposes of determining whether you can perform any past work, Social Security looks at full-time jobs you performed during the 15 years immediately prior to file for disability. Work that you did more than 15 years ago is not considered "past relevant work."
There are dozens of pages of forms, questionnaires and interrogatories involved in a disability application. Denials can occur if the application is hastily prepared or simply not prepared correctly. I help my clients file the initial application because I want it to be complete, accurate and well prepared. This gives us the best chance of approval at the initial level--saves time and may get the client paid sooner.
As with most things, the devil is in the details. Social Security frequently finds that the claimant's impairments are not severe enough to prevent all work, therefore, will deny the claim. This is a very common occurrence--the rule and not the exception. When your claim is denied, you file an appeal within 60 days and get ready for a hearing before an administrative law judge. The average person will need help with this appeal because the hearing that follows is a complicated legal proceeding.
I prepare the evidence for the appeal hearing, in which both I and the claimant will appear. I meet with the claimant a few days before the hearing to prepare him or her for the appearance. At the hearing, I am there to assist with presenting evidence, making arguments or answering questions. My job is: Make sure the claimant has every opportunity to win the case and get maximum benefits available under the Social Security regulations.
Click on the Forsythe Firm website to find out more about how good representation may help you with your disability claim.
LEARN MORE ABOUT HOW WE CAN HELP YOU
CONCENTRATION, PERSISTENCE AND PACE - ISSUES THAT CAN WIN YOUR DISABILITY CLAIM
I always go into disability hearings prepared to talk about CPP--Concentration, Persistence and Pace. If a claimant suffers from pain, fatigue, depression, anxiety or any other psychological issue, chances are he or she has issues with CPP. Let's look at these terms and discuss how they affect the ability to work, hence how thy affect disability claims.
Concentration is merely the ability to stay focused on tasks long enough to complete them in a timely manner. A person suffering from pain, depression or some other mental impairment may not be able to keep his mind on his work. He may be easily distracted, have difficulty following directions or require too many breaks. Social Security usually will concede that a person must be able to concentrate up to two hours at a time and sufficiently to complete an 8-hour work day on a regular basis. Otherwise, there is no work they can perform and they are disabled.
Persistence is the ability to work 8 hours a day, 5 days per week on a "regular and consistent basis." Pain, fatigue or other factors can make this difficult or impossible. A person who will be absent 2 or 3 days per month (or more) due to medical impairments will not have the persistence for full-time work. A person who can only work 5 or 6 hours a day lacks the persistence to work a full 8-hour day and is, therefore disabled.
Pace means the ability to perform work activities on a regular schedule and in a timely manner to keep up with the demands of the job. For example, an individual may be able to perform the same work as other workers, but if he needs twice as much time to get the same work done, he fails the "pace" requirement. Most jobs provide 3 breaks during an 8-hour workday: 2 fifteen minute breaks, plus a half hour lunch period. If a worker requires all of these breaks plus others on a regular basis, she may fail the "pace" requirement for full-time work and be found disabled.
This is one example of how a representative who knows Social Security regulations, and terminology, can use a claimant's impairments to prove disability. Naturally, such allegations must be supported with medical evidence.
Contact the Forsythe Firm if you need to file for Social Security disability, have recently been denied, or have an appeal hearing in your future.
LEARN MORE ABOUT OUR ADVOCACY FIRM
Concentration is merely the ability to stay focused on tasks long enough to complete them in a timely manner. A person suffering from pain, depression or some other mental impairment may not be able to keep his mind on his work. He may be easily distracted, have difficulty following directions or require too many breaks. Social Security usually will concede that a person must be able to concentrate up to two hours at a time and sufficiently to complete an 8-hour work day on a regular basis. Otherwise, there is no work they can perform and they are disabled.
Persistence is the ability to work 8 hours a day, 5 days per week on a "regular and consistent basis." Pain, fatigue or other factors can make this difficult or impossible. A person who will be absent 2 or 3 days per month (or more) due to medical impairments will not have the persistence for full-time work. A person who can only work 5 or 6 hours a day lacks the persistence to work a full 8-hour day and is, therefore disabled.
Pace means the ability to perform work activities on a regular schedule and in a timely manner to keep up with the demands of the job. For example, an individual may be able to perform the same work as other workers, but if he needs twice as much time to get the same work done, he fails the "pace" requirement. Most jobs provide 3 breaks during an 8-hour workday: 2 fifteen minute breaks, plus a half hour lunch period. If a worker requires all of these breaks plus others on a regular basis, she may fail the "pace" requirement for full-time work and be found disabled.
This is one example of how a representative who knows Social Security regulations, and terminology, can use a claimant's impairments to prove disability. Naturally, such allegations must be supported with medical evidence.
Contact the Forsythe Firm if you need to file for Social Security disability, have recently been denied, or have an appeal hearing in your future.
LEARN MORE ABOUT OUR ADVOCACY FIRM
Wednesday, September 27, 2017
WHY YOUR DISABILITY CASE WAS DENIED BY SOCIAL SECURITY
TOP 10 REASONS SOCIAL SECURITY DENIES DISABILITY CLAIMS -
10. The application wasn't completed properly.
09. Some of the medical evidence didn't come in.
08. You had an inexperienced claims examiner.
07. A medical expert never reviewed your claim.
06. Too much weight was given to a non-treating
consultative doctor who saw you only once.
05. You failed to list all of your treating sources.
04. You gave an incomplete or improper history of
"past relevant work," i.e., past employment.
03. You did not give a complete accounting of the
severity of your symptoms.
02. Social Security couldn't be sure, so they erred
on the side of caution and denied your claim.
...and the Number 1 reason Social Security denies disability claims....
01. They assigned the wrong "residual
function capacity" (RFC).
This means that Social Security determined that you can perform medium work, when you are really restricted to light work. Or, they determined that you can perform light work when you are really restricted to sedentary work. Or, perhaps they failed to take into account mental or emotional restrictions such as lack of concentration, inability to keep up the required pace, persist for 8 hours per day, etc.
How do you fix it? Do you file a new claim?
No. Filing a new claim is usually not the correct way to fix a denial. It is nearly always best to appeal the denied claim, kicking it up the ladder to a higher level of judicial review. The odds of being approved with a new application are less than 30 percent. The odds of being approved on appeal can be twice that high. Also, by winning an appeal you can potentially protect all of your past due benefits back to the original onset date.
10. The application wasn't completed properly.
09. Some of the medical evidence didn't come in.
08. You had an inexperienced claims examiner.
07. A medical expert never reviewed your claim.
06. Too much weight was given to a non-treating
consultative doctor who saw you only once.
05. You failed to list all of your treating sources.
04. You gave an incomplete or improper history of
"past relevant work," i.e., past employment.
03. You did not give a complete accounting of the
severity of your symptoms.
02. Social Security couldn't be sure, so they erred
on the side of caution and denied your claim.
...and the Number 1 reason Social Security denies disability claims....
01. They assigned the wrong "residual
function capacity" (RFC).
This means that Social Security determined that you can perform medium work, when you are really restricted to light work. Or, they determined that you can perform light work when you are really restricted to sedentary work. Or, perhaps they failed to take into account mental or emotional restrictions such as lack of concentration, inability to keep up the required pace, persist for 8 hours per day, etc.
How do you fix it? Do you file a new claim?
No. Filing a new claim is usually not the correct way to fix a denial. It is nearly always best to appeal the denied claim, kicking it up the ladder to a higher level of judicial review. The odds of being approved with a new application are less than 30 percent. The odds of being approved on appeal can be twice that high. Also, by winning an appeal you can potentially protect all of your past due benefits back to the original onset date.
Wednesday, September 13, 2017
SOCIAL SECURITY PAYMENTS SUPPORT DISABLED VETERANS IN ALABAMA
Most disabled veterans qualify for benefits from two sources: the Veterans Administration (VA) and the US Social Security Administration (SSA).
Veterans paid into the Social Security trust fund and are entitled to claim disability benefits if they become unable to continue in the military or to work. These payments are in addition to any VA benefits.
If the veteran has a 100% permanent VA disability rating, for a disability which began while on active duty, he or she can usually get expedited claims processing.
The Social Security process is totally separate from the VA process. CAUTION: Social Security will deny up to 75 percent of veteran's claims. These can probably be approved with a properly handled appeal. Appeals are not the exception, they're the norm. There are strict time limits for an appeal (60 days from the date of denial).
My firm is experienced and successful at representing veterans with Social Security matters. We offer absolutely free initial consultations and you will never pay us a fee when we represent you until (1) You have won your case and (2) have been approved for back payments.
Phone the Forsythe Firm in Huntsville for a free consultation, or just to ask questions. (256) 799-0297.
LEARN MORE ABOUT HOW WE CAN HELP YOU
Veterans paid into the Social Security trust fund and are entitled to claim disability benefits if they become unable to continue in the military or to work. These payments are in addition to any VA benefits.
If the veteran has a 100% permanent VA disability rating, for a disability which began while on active duty, he or she can usually get expedited claims processing.
The Social Security process is totally separate from the VA process. CAUTION: Social Security will deny up to 75 percent of veteran's claims. These can probably be approved with a properly handled appeal. Appeals are not the exception, they're the norm. There are strict time limits for an appeal (60 days from the date of denial).
My firm is experienced and successful at representing veterans with Social Security matters. We offer absolutely free initial consultations and you will never pay us a fee when we represent you until (1) You have won your case and (2) have been approved for back payments.
Phone the Forsythe Firm in Huntsville for a free consultation, or just to ask questions. (256) 799-0297.
LEARN MORE ABOUT HOW WE CAN HELP YOU
IS YOUR SOCIAL SECURITY CHECK SUBJECT TO LIEN OR GARNISHMENT?
Federal regulations generally do not permit creditors to garnish or place liens on Social Security payments. These payments are protected by Section 207 of the Social Security Act and by such regulations as 20 CFR 404.970. There are 3 exceptions:
Protect yourself by placing your Social Security payments in an account by themselves--and do not put any other money into that account. Keep your Social Security money totally separate. Also, you may want to think about not having a co-owner (such as a spouse) on your bank account. Your money may be protected; theirs may not. It could be difficult for the bank to know how much of the money is yours and how much is the other person's.
So, generally creditors such as mortgage companies, car finance companies, credit card companies, banks, furniture stores, etc. may not attach or garnish Social Security money. However, SSDI funds can be attached for debts owed to the federal government or to alimony or child support.
It is always a good idea to protect yourself by placing your Social Security deposits in their own dedicated account, and avoid co-mingling of Social Security funds with any other money.
- If you owe federal income tax, the federal government is allowed to pay itself out of your SSDI payments (but not SSI payments).
- If you are delinquent on federally funded or guaranteed student loans, your SSDI payments (but not SSI payments) are subject to lien or attachment.
- If you owe alimony or child support payments, disabiilty benefits can be attached to make these payments.
Protect yourself by placing your Social Security payments in an account by themselves--and do not put any other money into that account. Keep your Social Security money totally separate. Also, you may want to think about not having a co-owner (such as a spouse) on your bank account. Your money may be protected; theirs may not. It could be difficult for the bank to know how much of the money is yours and how much is the other person's.
So, generally creditors such as mortgage companies, car finance companies, credit card companies, banks, furniture stores, etc. may not attach or garnish Social Security money. However, SSDI funds can be attached for debts owed to the federal government or to alimony or child support.
It is always a good idea to protect yourself by placing your Social Security deposits in their own dedicated account, and avoid co-mingling of Social Security funds with any other money.
BAMA DISABILITY HELP FOR VETERANS
Our firm helps recently disabled veterans to obtain Social Security disability benefits. Our practice is focused on Social Security disability. Contact us: (256) 799-0297
Members of the armed forces are covered by the Social Security Act. If disabled while on active duty (whether service related or not), they may qualify for full SSDI benefits. This will be in addition to any VA benefits.
Some important words of caution for veterans:
Are your future monthly benefit checks affected by the attorney's fee/representative's fee? Absolutely not. The fee is taken only from back pay, not from any future monthly payments.
Contact us: (256) 799-0297
LEARN MORE ABOUT HOW WE CAN HELP YOU
Members of the armed forces are covered by the Social Security Act. If disabled while on active duty (whether service related or not), they may qualify for full SSDI benefits. This will be in addition to any VA benefits.
Some important words of caution for veterans:
- There is a separate application process for Social Security (it is not automatic).
- Many eligible veterans get denied initially and incorrectly. The system is flawed.
- An appeal must be filed within 60 days of your denial letter--a very strict time limit.
- The odds of being approved are much better at the second level - a hearing with an administrative law judge.
- It is a complicated process from which you will benefit from the advice and help of an advocate who is experienced in Social Security disability.
- The best time to start your SSDI claim is when you are first put on restricted duty and the med board process begins. File under the Wounded Warrior provision. You may do so even while receiving active duty military pay in most cases.
Are your future monthly benefit checks affected by the attorney's fee/representative's fee? Absolutely not. The fee is taken only from back pay, not from any future monthly payments.
Contact us: (256) 799-0297
LEARN MORE ABOUT HOW WE CAN HELP YOU
SOCIAL SECURITY DISABILITY PROCESS IN ALABAMA
Here briefly is the process for Social Security disability, with time frames.
I. APPLY. Apply 3 ways - (a) online at www.socialsecurity.gov, (b) at your Social Security office, (c) with your attorney or advocate. Decision time: about 4 months. Odds of a favorable decision: about 28 percent.
2. APPEAL UNFAVORABLE DECISIONS. This amounts to filing a written request for a hearing before an administrative law judge, and filing a Disability Report - Appeal. Average waiting time: about 18 months. Odds of success: varies widely from office to office and judge to judge. Based on recent national averages, about 42% of cases are approved/awarded at hearing.
3. APPEALS COUNCIL. If the hearing results in an unfavorable decision, ask for a review by the Appeals Council. Waiting time: over 1 year. The following are approximate dispositions for AC appeals:
Also, you can see that in a best case scenario, it will take about 4 months to be approved if no appeal is needed. Add about 18 months for a hearing and another 12 months or more if an AC appeal is needed. So, a worse case scenario can drag on 3 or 4 years easily.
Also be aware that Social Security does not pay the first 5 months of an SSDI claim. They also pay 1 month in the arrears. So, if you became disabled today, it would be at least 6 months before you could get a Social Security disability check, even under a best case scenario.
There are several words that could describe the Social Security disability process. "Fast" is not one of those words. However, there are things that can prevent useless delays of your claim, such as filing a nice, complete application and returning all their forms quickly.
FIND OUT ABOUT HOW WE CAN HELP YOU
I. APPLY. Apply 3 ways - (a) online at www.socialsecurity.gov, (b) at your Social Security office, (c) with your attorney or advocate. Decision time: about 4 months. Odds of a favorable decision: about 28 percent.
2. APPEAL UNFAVORABLE DECISIONS. This amounts to filing a written request for a hearing before an administrative law judge, and filing a Disability Report - Appeal. Average waiting time: about 18 months. Odds of success: varies widely from office to office and judge to judge. Based on recent national averages, about 42% of cases are approved/awarded at hearing.
3. APPEALS COUNCIL. If the hearing results in an unfavorable decision, ask for a review by the Appeals Council. Waiting time: over 1 year. The following are approximate dispositions for AC appeals:
- 72% appeal denied - denial stands
- 22.5% remand - sent back for new hearing
- 3% - AC issues a new decision (more favorable)
- 2.5% Dismissal (not filed by the deadline)
Also, you can see that in a best case scenario, it will take about 4 months to be approved if no appeal is needed. Add about 18 months for a hearing and another 12 months or more if an AC appeal is needed. So, a worse case scenario can drag on 3 or 4 years easily.
Also be aware that Social Security does not pay the first 5 months of an SSDI claim. They also pay 1 month in the arrears. So, if you became disabled today, it would be at least 6 months before you could get a Social Security disability check, even under a best case scenario.
There are several words that could describe the Social Security disability process. "Fast" is not one of those words. However, there are things that can prevent useless delays of your claim, such as filing a nice, complete application and returning all their forms quickly.
FIND OUT ABOUT HOW WE CAN HELP YOU
Sunday, September 10, 2017
START A DISABILITY EVALUATION ON OUR WEBSITE
You can start a free, confidential disability evaluation on our website's contact form. This form will come to us via email and you can describe your disability or ask us questions--all with no cost or obligation.
Here is the web address.
https://forsythefirm.wixsite.com/website
Use the "Get in Touch" form at the bottom of our home page to start a free, confidential case review. (Note: This form does not file a claim. It is request for us to give you a free consultation).
Here is the web address.
https://forsythefirm.wixsite.com/website
Use the "Get in Touch" form at the bottom of our home page to start a free, confidential case review. (Note: This form does not file a claim. It is request for us to give you a free consultation).
2017 VETERANS UPDATE - YOU MAY GET SSDI TOO
I feel that many disabled veterans are missing out on Social Security disability benefits because they (1) they don't file the necessary paperwork or (2) they get a quick denial and fail to appeal it in a timely manner.
A denial by Social Security is just a preliminary step which occurs in about 70 percent all of claims involving veterans. This can usually be reversed and benefits paid by filing a proper appeal, which will require a hearing.
The Forsythe Firm in Huntsville, AL is a veteran friendly and veteran knowledgeable advocacy firm specializing in Social Security disability. We will never charge you a fee until you win your SSDI claim and are actually awarded back pay. If this doesn't happen we never charge you a fee.
Contact us in research park for a free initial consultation. If we represent you, we will take care of paperwork, including obtaining the medical evidence we need.
PHONE US (256) 799-0297
Go to our website & Use the Contact Page
You can use the "Get in Touch" form on our website to contact us via email or tell us about your claim/problem. Confidential and no obligation.
ABOUT THE SSDI PROCESS
A denial by Social Security is just a preliminary step which occurs in about 70 percent all of claims involving veterans. This can usually be reversed and benefits paid by filing a proper appeal, which will require a hearing.
The Forsythe Firm in Huntsville, AL is a veteran friendly and veteran knowledgeable advocacy firm specializing in Social Security disability. We will never charge you a fee until you win your SSDI claim and are actually awarded back pay. If this doesn't happen we never charge you a fee.
Contact us in research park for a free initial consultation. If we represent you, we will take care of paperwork, including obtaining the medical evidence we need.
PHONE US (256) 799-0297
Go to our website & Use the Contact Page
You can use the "Get in Touch" form on our website to contact us via email or tell us about your claim/problem. Confidential and no obligation.
ABOUT THE SSDI PROCESS
Wednesday, September 6, 2017
HUNTSVILLE SOCIAL SECURITY HEARING PROBLEM
There is a big problem for persons waiting on a Social Security disability hearing in Huntsville, AL. The problem is the longer than usual wait time.
The average wait time for a hearing in Alabama is 17.3 months. For the Florence, AL ODAR office, it is 17 months.
But in Huntsville, the wait time can easily be more than 24 months. Sometimes, a lot more.
Here's the problem: Huntsville, AL has only 1 hearing room available at any given time. That means, of course, only 1 hearing can take place at a time.
I try to mitigate this fact when I file a new appeal. I make a note on my appeal that the claimant and I request the first available hearing site, not necessarily limited to Huntsville, even if we have to travel further at our own expense. In other words, the claimant and I will travel over to Florence or down to Cullman if we can get a hearing scheduled sooner than we could get one in Huntsville. And I waive any travel expense.
There are thousands of people in the Huntsville/Madison County area waiting on hearings. It is unfortunate that Social Security has not provided the facilities required to conduct these hearings in a timely manner.
Huntsville has a population of about 200,000 while the metro area has about 444,000. Social Security should take note of this and provide sufficient facilities so that Huntsville doesn't have to wait 2 years or more for a hearing. If you read this and agree, I urge you to contact your elected representatives in Washington, DC and voice your opinion.
The average wait time for a hearing in Alabama is 17.3 months. For the Florence, AL ODAR office, it is 17 months.
But in Huntsville, the wait time can easily be more than 24 months. Sometimes, a lot more.
Here's the problem: Huntsville, AL has only 1 hearing room available at any given time. That means, of course, only 1 hearing can take place at a time.
I try to mitigate this fact when I file a new appeal. I make a note on my appeal that the claimant and I request the first available hearing site, not necessarily limited to Huntsville, even if we have to travel further at our own expense. In other words, the claimant and I will travel over to Florence or down to Cullman if we can get a hearing scheduled sooner than we could get one in Huntsville. And I waive any travel expense.
There are thousands of people in the Huntsville/Madison County area waiting on hearings. It is unfortunate that Social Security has not provided the facilities required to conduct these hearings in a timely manner.
Huntsville has a population of about 200,000 while the metro area has about 444,000. Social Security should take note of this and provide sufficient facilities so that Huntsville doesn't have to wait 2 years or more for a hearing. If you read this and agree, I urge you to contact your elected representatives in Washington, DC and voice your opinion.
VETERANS AND SOCIAL SECURITY DISABILITY. DON'T LOSE OUT.
If you served in any branch of the US armed forces after 1955, you paid into the Social Security disability system. If you have become disabled prior to your full retirement age, you may be entitled to Social Security disability (SSDI) benefits.
These SSDI benefits are in addition to any VA benefits you may qualify for. Yes, you can receive both VA and SSDI benefits.
The Social Security approval process is separate and quite different from the VA process. You must file a separate application for Social Security and the rules are different from the VA's rules.
CAUTION: Social Security often denies qualified veterans by telling them they are not disabled according to Social Security's rules. This is a preliminary decision and must be appealed (just like you probably had to appeal your initial VA disability rating).
The odds of winning your SSDI benefits on appeal are very high, especially if you have a VA disability rating of 80 or higher. It's not guaranteed but the odds are good.
My firm, the Forsythe Firm, is veteran friendly and veteran experienced. We've been helping disabled veterans with SSDI applications and appeals for many years and we have an excellent track record. You will never pay us a cent until your claim is approved and you have recovered back pay from Social Security.
My number 1 source of new veteran clients? Referrals from veterans I've helped in the past! I'm very proud of that and work hard to live up to it.
For a free case evaluation, please call Charles Forsythe, (256) 799-0297.
Advocates for Disabled Veterans - click here
These SSDI benefits are in addition to any VA benefits you may qualify for. Yes, you can receive both VA and SSDI benefits.
The Social Security approval process is separate and quite different from the VA process. You must file a separate application for Social Security and the rules are different from the VA's rules.
CAUTION: Social Security often denies qualified veterans by telling them they are not disabled according to Social Security's rules. This is a preliminary decision and must be appealed (just like you probably had to appeal your initial VA disability rating).
The odds of winning your SSDI benefits on appeal are very high, especially if you have a VA disability rating of 80 or higher. It's not guaranteed but the odds are good.
My firm, the Forsythe Firm, is veteran friendly and veteran experienced. We've been helping disabled veterans with SSDI applications and appeals for many years and we have an excellent track record. You will never pay us a cent until your claim is approved and you have recovered back pay from Social Security.
My number 1 source of new veteran clients? Referrals from veterans I've helped in the past! I'm very proud of that and work hard to live up to it.
For a free case evaluation, please call Charles Forsythe, (256) 799-0297.
Advocates for Disabled Veterans - click here
Monday, July 10, 2017
CONCENTRATION, PERSISTENCE AND PACE ISSUES
When trying to prove disability, claimants should not neglect the problems of concentration, persistence and pace (CPP).
Every competitive job in America requires that you do a certain amount of work in an 8-hour shift. And every job expects a worker to be on task and performing in a productive manner.
However, pain, fatigue, depression or other health related problems may cause severe issues that can slow down a worker's ability to concentrate and turn out work efficiently.
Concentration is the ability to stay focused on the job or task at hand. In most jobs, a worker must remain focused and on task for two-hour periods without a break and must be able to complete an 8 hour shift. Most vocational experts will testify that while everyone is off task a small percentage of the time, a person who is off task more than about 10 percent of the time is unemployable.
Persistence is the ability to perform your job 8 hours per day, 5 days per week or an equivalent schedule. Many people are able to work a few hours per day; however, if they can't regularly work 8 hours, they lack persistence. Other individuals can work some days but not others. If they cannot regularly work 5 days per week, they cannot persist in full-time work. Most vocational experts agree that missing more than about 1 day per month due to health related problems will disqualify a person from holding a full-time job.
Pace refers to a worker's ability to keep up with the job's demands--to turn out an acceptable quantity and quality of work for every 8-hour shift. If an individual requires extra time to get his work done, needs more breaks than is normally provided or needs other accommodations, this may well be cause for finding the worker disabled.
Concentration, Persistence and Pace are only a few areas that your attorney/advocate should explore in a Social Security disability hearing.
LEARN MORE ABOUT HOW WE CAN HELP YOU
Every competitive job in America requires that you do a certain amount of work in an 8-hour shift. And every job expects a worker to be on task and performing in a productive manner.
However, pain, fatigue, depression or other health related problems may cause severe issues that can slow down a worker's ability to concentrate and turn out work efficiently.
Concentration is the ability to stay focused on the job or task at hand. In most jobs, a worker must remain focused and on task for two-hour periods without a break and must be able to complete an 8 hour shift. Most vocational experts will testify that while everyone is off task a small percentage of the time, a person who is off task more than about 10 percent of the time is unemployable.
Persistence is the ability to perform your job 8 hours per day, 5 days per week or an equivalent schedule. Many people are able to work a few hours per day; however, if they can't regularly work 8 hours, they lack persistence. Other individuals can work some days but not others. If they cannot regularly work 5 days per week, they cannot persist in full-time work. Most vocational experts agree that missing more than about 1 day per month due to health related problems will disqualify a person from holding a full-time job.
Pace refers to a worker's ability to keep up with the job's demands--to turn out an acceptable quantity and quality of work for every 8-hour shift. If an individual requires extra time to get his work done, needs more breaks than is normally provided or needs other accommodations, this may well be cause for finding the worker disabled.
Concentration, Persistence and Pace are only a few areas that your attorney/advocate should explore in a Social Security disability hearing.
LEARN MORE ABOUT HOW WE CAN HELP YOU
SSDI Benefits: Not Small Potatoes
SSDI BENEFITS ARE NOT SMALL POTATOES!
The maximum Social Security Disability
(SSDI) benefit in 2017 is $2,687 per mo.
An average SSDI award is worth over $400,000 according to one government study.
This isn't small potatoes!
If you are disabled through no fault of your own, go after the maximum Social Security benefit you are entitled to, including your back pay.
Hello, I'm Charles Forsythe, founding partner of the Forsythe Firm. It's my job to analyze your claim and help you get maximum benefits in the shortest time possible. Using a professional advocacy firm for legal representation usually results in an easier process and more money. We never charge a fee for a consultation and you never pay us a fee until after you win and collect your back payments.
Call us for a free consult today. (256) 799-0297.
Sunday, April 30, 2017
GETTING DOWN TO BASICS: HOW TO GET BENEFITS
I've been reading my website and lots of other Social Security disability blogs. They all have lots of details about SSDI. It suddenly dawns on me, the average disabled person really needs to know some very basic things. Here, I will try to give you the basics, based on my years as a successfully disability advocate.
1. You have to know what the law requires, then you have to do it. Otherwise, you will never get paid.
a) You must not now be working at any kind of substantial gainful job.
b) You must have a medically provable impairment that has lasted for at least 12 consecutive months, is expected to last that long, OR is expected to result in death.
This impairment must be severe enough that it absolutely prevents your ABILITY to perform basic work activities. If you are under age 50, you must be unable to perform ANY kind of work, even sedentary (easy), unskilled work. Over age 50, you must be unable to perform all of your past work (during the past 15-year period).
2) You must file a complete and meticulous application, and this must include all of the attending forms, questionnaires and documents that Social Security will send you in the mail--even after your claim has been filed. Failing to properly complete these forms (and complete them fully) will get you denied. It just will.
3) After you file your application, Social Security will obtain all of your medical records IF (and only IF) you have supplied them with all of the doctors, clinics, hospitals, counselors, practitioners, etc. that have treated you. You must provide them with names, addresses, phone numbers and estimated dates of service for each medical provider. If you don't, your records won't get reviewed, and you will be denied for lack of evidence. Guaranteed.
An attorney or advocate may help you file a stronger application because they know what Social Security needs.
4) Expect to get denied and appeal your claim. Almost 70 percent of applications receive a denial. If it isn't a perfect claim (all the boxes don't check), it will be denied and an administrative law judge will have to sort it out later in a hearing. Hearings are where most claims get approved.
5) When you get to the hearing level, things get really complicated, very technical and awfully complex. This is when you should have a legal representative to work with you and attend the hearing with you.
Probably the best 15 minutes you ever spent will be to call an experienced attorney or disability advocate and get some advice about your claim. Every case is different. Do not depend on what a relative, friend or co-worker tells you. They all have stories. None of them probably apply to your particular scenario. Get a free case evaluation by someone who sits in front of an administrative law judge several times a week, and who knows how to apply the law to your individual set of facts. It doesn't matter what happened to Uncle Albert. I guarantee you there was something about Uncle Albert's case that is different from your case: age, education, work experience, medical records, treatment, date last insured, residual function capacity, onset date, grid rules.... You get the idea. Get YOUR case analyzed based on YOUR set of facts.
Here's the best part. There is no cost for doing this. Any attorney/advocate who practices in the area of Social Security disability will provide you with a free consultation, a free case evaluation, and free advice. If the advocate is hired and does a lot of work on your case, of course he or she deserves to be paid. But they only get paid if you (a) win your case, and (b) receive past due payments as a lump sum of money, and (c) Social Security approves of the fee payment.
At the Forsythe Firm, we evaluate cases and advise claimants everyday. In some cases, we take a case to trial (hearing) and get paid for it. But in dozens of other cases, we provide free consultations and free advice for which we receive no pay at all. In other cases, we file an application which gets approved right away, the claimant gets a monthly benefit and we do not qualify for any fee at all.
Social Security disability is complicated. Get the help and give yourself the advantage. (256) 799-0297.
Forsythe Firm - Disability Advocates - Contact Us
1. You have to know what the law requires, then you have to do it. Otherwise, you will never get paid.
a) You must not now be working at any kind of substantial gainful job.
b) You must have a medically provable impairment that has lasted for at least 12 consecutive months, is expected to last that long, OR is expected to result in death.
This impairment must be severe enough that it absolutely prevents your ABILITY to perform basic work activities. If you are under age 50, you must be unable to perform ANY kind of work, even sedentary (easy), unskilled work. Over age 50, you must be unable to perform all of your past work (during the past 15-year period).
2) You must file a complete and meticulous application, and this must include all of the attending forms, questionnaires and documents that Social Security will send you in the mail--even after your claim has been filed. Failing to properly complete these forms (and complete them fully) will get you denied. It just will.
3) After you file your application, Social Security will obtain all of your medical records IF (and only IF) you have supplied them with all of the doctors, clinics, hospitals, counselors, practitioners, etc. that have treated you. You must provide them with names, addresses, phone numbers and estimated dates of service for each medical provider. If you don't, your records won't get reviewed, and you will be denied for lack of evidence. Guaranteed.
An attorney or advocate may help you file a stronger application because they know what Social Security needs.
4) Expect to get denied and appeal your claim. Almost 70 percent of applications receive a denial. If it isn't a perfect claim (all the boxes don't check), it will be denied and an administrative law judge will have to sort it out later in a hearing. Hearings are where most claims get approved.
5) When you get to the hearing level, things get really complicated, very technical and awfully complex. This is when you should have a legal representative to work with you and attend the hearing with you.
Probably the best 15 minutes you ever spent will be to call an experienced attorney or disability advocate and get some advice about your claim. Every case is different. Do not depend on what a relative, friend or co-worker tells you. They all have stories. None of them probably apply to your particular scenario. Get a free case evaluation by someone who sits in front of an administrative law judge several times a week, and who knows how to apply the law to your individual set of facts. It doesn't matter what happened to Uncle Albert. I guarantee you there was something about Uncle Albert's case that is different from your case: age, education, work experience, medical records, treatment, date last insured, residual function capacity, onset date, grid rules.... You get the idea. Get YOUR case analyzed based on YOUR set of facts.
Here's the best part. There is no cost for doing this. Any attorney/advocate who practices in the area of Social Security disability will provide you with a free consultation, a free case evaluation, and free advice. If the advocate is hired and does a lot of work on your case, of course he or she deserves to be paid. But they only get paid if you (a) win your case, and (b) receive past due payments as a lump sum of money, and (c) Social Security approves of the fee payment.
At the Forsythe Firm, we evaluate cases and advise claimants everyday. In some cases, we take a case to trial (hearing) and get paid for it. But in dozens of other cases, we provide free consultations and free advice for which we receive no pay at all. In other cases, we file an application which gets approved right away, the claimant gets a monthly benefit and we do not qualify for any fee at all.
Social Security disability is complicated. Get the help and give yourself the advantage. (256) 799-0297.
Forsythe Firm - Disability Advocates - Contact Us
Subscribe to:
Posts (Atom)