WE CAN HELP WITH DISABILITY BENEFITS

For the past decade, the Forsythe Firm has been helping the disabled to get Social Security disability benefits. We have helped hundreds of people, just like you. Our practice areas include

⇨ Initial Applications and Forms

⇨ Administrative Appeals

⇨ Hearings before Administrative Law Judges

⇨ Federal Administrative Appeals

We may be able to help you if you suffer with

• Back or neck pain
• Degenerative Disc or Joint Disease
• Migraine Headaches
• Fibromyalgia 
• Blindness
• Cancer and leukemia
• Diabetes or other Endocrine disorders
• Heart disease (heart attack)
• Anxiety, depression, PTSD or schizophrenia
• Traumatic brain injury
• Amputations
• Chronic liver disease
• HIV and AIDS
• COPD or obstructive lung disease
• Arthritis (osteoarthritis or rheumatoid arthritis)
• Schizophrenia
• Multiple sclerosis
• Lupus
• Other auto-immune disorders
• Intellectual disability
• Other medical problems that prevent you from working

 We also represent disabled veterans before the Social Security Administration.
TERMS OF SERVICE:  We will never charge you a fee until two things happen:  (1) You win your disability claim, and also (2) recover back pay or past due benefits.  Initial consultations and claim evaluations are free and without obligation.  You can pursue your claim without paying any money upfront and without running up legal bills if you don't win.  If you win and recover past due money, Social Security will withhold our fee and pay us directly.

The Forsythe Firm

7027 Old Madison Pike NW - Suite 108

Huntsville, AL 35806

PHONES (256) 799-0297 or (256) 431-1599

Contact Us At the Forsythe Firm Here

LONG WAIT TIMES FOR VETERANS DISABILITY - A CURE?

Disabled veterans are among those who are waiting unreasonable periods of time to get a Social Security disability decision.  I try to find ways to cut these wait times when possible.

The best way is to use the VA disability rating.  Veterans with a 100 percent rating are often entitled to expedited processing under the law.  I have often been able to get these claims resolved in 3 or 4 months, compared to the average waiting time of up to 18 months.

There are certain things the claimant's legal representative must do to take advantage of the VA rating.  For one thing, Social Security must be made aware of the 100% VA rating.  Second, the medical evidence must be complete.  Third, a request should be made for expedited handling.  Finally, a representative's brief showing the judge where to find evidence in the medical section can speed things up.

Social Security is a notoriously S-L-O-W process, partly because there are over 1 million claims on appeal and partly because the Congress hasn't provided sufficient funding for its operations.  But when there's an opportunity to press forward, we must seize it and get things done.

Veterans - Contact the Forsythe Firm for Assistance 

RFC FORMS or MEDICAL SOURCE STATEMENTS

First, let me define an important term upon which your disability claim will depend.

RFC means "residual functional capacity."  Simply put, it is the most a person can do in terms of work related activities, such as lifting, walking, standing, bending, etc. 

Before Social Security can make a decision on whether you are disabled or not, they must adopt an RFC.  It is far better if your own treating doctor will provide an RFC for you in the form of a Medical Source Statement (MSS).  The MSS is the doctor's professional opinion about your functional limitations, based on your medical conditions and treatment.

A few doctors will gladly help their patients by filling out the RFC/MSS form.  Other doctors want to be paid to fill these out.  Some doctors just refuse to do so.  If you have been seeing your doctor for a long time and have a good relationship, it makes it easier to get the residual functional capacity form.

My experience has been that doctors often don't know much about what Social Security wants from them.  Many times when a patient asks their doctor for a form, the doctor will offer to send them out for special tests. This is a bad idea for 2 reasons.


1)  Your own treating doctor knows more about you than any doctor who does a one-time examination.

2)  Insurance usually won't cover an examination for Social Security purposes and it may cost you up to $1,500 out of pocket.  I don't advise spending this kind of money for something that may not help you that much, anyway. 

It may work better simply to make an appointment with your own doctor and take the RFC/MSS form with you.  Explain to the doctor why you need the form and ask for it to be completed.  My office will provide these forms free of charge upon request, even if we don't represent you.

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THE "LAYERS" OF SOCIAL SECURITY DISABIITY

An attorney friend of mine once said, "Social Security disability is like an onion because it has layers.  If the outside layer is bad, you have to peel it off and go to the second layer."  As I think about that, it makes sense.  Let me explain.

LAYER 1 is the application level of a disability claim.  It usually turns out bad for the claimant because up to 78 percent of claims get denied at this layer.

LAYER 2 (Not used in Alabama) is the Reconsideration stage, where a different person at Social Security reviews your denied claim and usually denies it again.  Alabama residents skip Layer 2 completely.

LAYER 3 is a hearing before an administrative law judge.  In this 45-minute hearing, your odds of getting benefits approved doubles.  In fact, this is the layer where most claims finally get approved and paid.

How do you get to Layer 3?  By filing a Request for Hearing within 60 days of the original denial letter.  This appeal must be filed in writing.  Calling the Social Security office does not work and will not file an appeal.

You may represent yourself at a "Layer 3" procedure.  However, it is well known that claimants with professional representation win more often than those who don't.  So, the real question becomes, Should you represent yourself?

Contact experienced disability advocates - Forsythe Firm 

DISABLED VETERANS: ARE YOU MISSING OUT ON SOCIAL SECURITY MONEY?

DISABLED VETERANS ARE OFTEN ENTITLED TO SOCIAL SECURITY DISABILITY BENEFITS IN ADDITION TO VA BENEFITS.

Veterans who served in any branch of the military after 1955 are covered by Social Security.  If you become disabled for any reason while on active duty, you are entitled to apply for Social Security disability (SSDI).  The SSDI benefits do not offset or reduce your VA benefits but are paid in addition.

Be advised that a VA decision is not binding on Social Security.  They have their own application, rules and process--which is different from VA.  

Also, Social Security often denies veterans at the first level. At the second level, or hearing level, many of these claims get approved and paid.  If you get a denial letter, you have 60 days to request a hearing. 

My office represents dozens of veterans before the Social Security Administration.  If you have a disability, don't neglect the substantial income available from Social Security.  We offer free consultations at no obligation and you never pay us a cent until you win your claim and recover back payments.

PHONE US  (256) 799-0297     PHONE (256) 431-1599 

Veterans - Contact us at the Forsythe Firm 

WHAT FACTORS DETERMINE IF YOU ARE DISABLED?

The following can play a role in whether you get approved for Social Security disability:

• Your age
• Level of education
• Kind of work you have done in the past 15 years
• Steady employment history?
• Regular medical treatment?
• Type, duration and severity of your medical impairment.

Being age 50 or over is a plus but many people under age 50 get approved.

Decision makers like to see an individual who has a long, steady history of employment.  This simply adds credibility to the claim.  For instance, a person who has worked at the same job for 25 years, earning a good wage, is more likely to be approved than someone who has a skimpy work history.

Disability is only available due to a severe medical condition that does not permit the claimant to work on a full-time basis.  Therefore, medical records must exist which prove the disability in terms of its

•  severity
• onset
• duration
• functional limitations

For help with a claim or appeal - or just to get more information, contact

THE FORSYTHE FIRM
Charles W. Forsythe
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
PHONE (256) 799-0297 

Forsythe Firm advocacy services - website 

GETTING BENEFITS FOR SEVERE SLEEP DISORDERS

Many of my clients who file for Social Security disability have severe sleep disorders.  The question is, do these sleep problems equate to disability?

The answer is, it depends on whether the sleep problems restrict the ability to perform full-time work?  What are the symptoms?  How frequent and how severe are the symptoms.

Symptoms of insomnia, obstructive sleep apnea, narcolepsy or other sleep disorders often include:

• excessive daytime sleepiness
• fatigue
• reduced memory
• lack of concentration, persistence and pace
• irritability - unable to get along with supervisors, co-workers or customers at work
• the need for additional breaks during the workday

If the medical record indicates treatment for these symptoms which has failed, then a finding of disability may be appropriate.  For example, if a person has obstructive sleep apnea which can be corrected by using a CPAP machine, then it is not disabling.  If a CPAP has been tried and failed to fix the problem, then we have valid medical problems that may help us win disability.

Usually, there are other problems other than just sleep issues.  For instance, a person may have back problems, diabetes or a psychiatric problem, plus sleep problems.  All of these problems may combine to make him disabled.

The longer I practice the more I realize that just being diagnosed with a particular disease will not win benefits (unless, of course, it is a terminal or catastrophic illness).  It is the combined affects of all the claimant's symptoms that usually win disability benefits. 

HELP ME GET DISABILITY BENEFITS - FREE EVALUATIONS 

For free case evaluations please phone

(256) 799-0297   or   (256) 431-1599 

or use the contact form found on our website 

DISABILITY WAITING PERIODS: DON'T BE CONFUSED

I think one of the most confusing Social Security topics is the "waiting period."

Many people think they have to wait a certain period of time before applying for disability benefits.  This is a mistake that can cost you thousands of dollars, maybe even all of your disability benefits for the rest of your life.

Here is the rule, without exception:  Apply for benefits as soon as you believe you have a medical condition that will last 12 months or more and will keep you from working.  Period.

It will take about 4 months to get a decision on your application.  So, get it filed without waiting.  By the time you get approved, the waiting period will be over!

If you are disabled, file right now.  There are several dangers in waiting.

• Your date last insured (DLI) may slip up on you and you lose the right to file for disability (forever).
• You lose benefits based on a late filing date.
• It simply takes several months longer to get your money than it should have.

I am not even going to try to explain "waiting periods" here because they are confusing to most people.  The more I try to explain them, the more confusing they become.  Therefore, let me simply repeat the rule:

Apply for benefits as soon as you believe you have a medical condition that will last 12 months or more and will keep you from working.  Period.

When in doubt, file the claim.  There is nothing to be gained by waiting.  There is everything to lose.

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⇨PHONE (256) 431-1599 256) 799-0297 

⇨ Never a fee for our service until you win!