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.
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.
Wednesday, September 27, 2017
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
Subscribe to:
Posts (Atom)