TRYING TO GET DISABILITY BENEFITS? WHAT LEGAL HELP WILL YOU NEED?

A small percentage of claimants who have catastrophic or life-threatening illness may get Social Security disability benefits pretty easily.  Most people, however, will be denied and will require legal assistance to be approved.

What Kind of Legal Help Will You Need?

1.  THE APPLICATION.  Most claimants apply on their own.  But the denial rate on these applications is almost 80 percent.  Again, unless you have a catastrophic or fatal disease, the odds are you will be denied, especially if you are under age 50.  Using an experienced attorney-advocate to file the application doesn't guarantee approval but it will eliminate many of the common mistakes that bring about denials.

2.  THE APPEAL.  Most people who finally get approved for Social Security disability benefits will do so after they file an appeal.  They will go to a hearing before an administrative law judge (ALJ).  These individuals need help in gathering evidence that meets the government's standards.  They will also require assistance in presenting their case effectively to the judge. While representation is not required, it is your best chance at having a favorable resolution to your case.  This hearing is to resolve a dispute with the US Government, who says that you are not disabled.  The burden of proving that you are disabled rests upon you.  You get a one-time chance at the hearing.

Specifically, here are some of the things that a good disability attorney-advocate will do for you:

• Gather and analyze medical records from doctors and other providers
• Analyze your past relevant work and how it impacts the claim
• Determine if you meet or equal one of the published Listings
• Determine whether a Grid argument can be made to get approval
• Develop another legal theory of the case to explain why you should be approved
• Solve flaws or problems in the case before it goes to hearing
• Petition for expedited processing, if appropriate, to get a decision faster
• Deal with pre-hearing motions from the judge
• Write a brief to explain why the case is sound legally and should be paid
• Prepare you, the claimant, for what will happen at the hearing ahead of time
• Appear at the hearing to present the case before the judge
• Object to testimony or rulings that are not in your best interest
• Cross examine Social Security's vocational expert at the hearing
• Make final arguments at the close of the hearing
• Monitor the payment process to be sure you collect the maximum benefits
• Decide whether any unfavorable decisions should be further appealed
• File any further appeals that are appropriate
• Answer your questions as the case progresses so you understand the process

All of this should cost you nothing until a favorable decision has been reached and you have been awarded past due benefits.

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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

E-Mail me at       forsythefirm@gmail.com

USING NON-MEDICAL EVIDENCE IN YOUR SOCIAL SECURITY DISABILITY CLAIM

The goal of a Social Security disability claim is to convince the Government that you are not able to work.  The obvious evidence you need is medical evidence:  records from your doctor that show how severe your symptoms are.

But there is always non-medical evidence that enters into your claim, which may help you get approved or weaken your case and turn the direction toward denial.

Claimants often fail to see the advantages of non-medical evidence, or may see certain facts as harmful to their case.  Here are a few examples.

You have changed jobs several times in recent years; therefore, you don't have a long history of just one job.  This can be positive.  If you had to change jobs because you couldn't perform the tasks of your old job, you are merely showing a commitment to keep working.  Getting an easier job, or one with less demanding duties, demonstrates your need to work and your desire to keep working.

You were fired or "let go" from a your most recent job.  This is usually considered negative.  However, in a disability case, it may demonstrate that you were simply no longer able to dependably perform your job.  If you were missing excessive days of work due to your health, it shows that your impairment is severe and interfered with your ability to work consistently.  If your employer had to make accommodations to help you do your job, it shows how your health negatively affects your ability to keep working.  

I recommend that claimants get a written statement from their former employer or supervisor, if possible.  The statement should explain how long you worked for the company and that you were a good employee.  It should go on to state observations your employer made about your work after you became sick.  For example, you began to need extra time to complete job tasks; you had to miss work 3 or 4 days per month for illness; or, your job duties were changed in some way to help you continue working.  The more specific the statement is, the more it will help you.  For example, it is much better to say, "Mr. Employee was missing 3 or 4 days of work per month," than to say, "Mr. Employee sometimes missed work due to illness."  The word "sometimes" is very vague and non-defined.

A good attorney or hearing representative will help you build non-medical evidence.  Since I have stood before administrative law judges in hundreds of hearings, I know which evidence can help your claim.  I can help you obtain this evidence prior to the hearing.  Then, I can use the evidence during the hearing to help get a favorable decision in many cases.

The quest for Social Security disability benefits is difficult, with the average judge awarding (paying) about 42 percent of cases at hearings.  The 42 percent (winners) are generally those who have the best evidence, presented in the best way, by the best representatives.

If you think you may have a Social Security disability claim, please call us for a free consultation.  We will ask you some questions to help analyze your case.  If we represent you, we will help you build a good case using both medical and non-medical evidence.  You will never pay us a fee until your case is settled in your favor.  At that time, the government will approve the fee we have agreed upon and pay us directly.  You will receive 100 percent of your monthly benefits and your past due settlement will be reduced slightly to pay for our legal services.  (The typical fee is 25 percent of past due benefits, not to exceed $6,000).

Example:  Your past due settlement is $24,000.  Our fee is $6,000.  You keep $18,000 plus all your monthly checks.

Example:  Your past due settlement is $80,000.  Our fee is $6,000.  You keep $74,000 and all your monthly checks.

Example:  Your past due settlement is $12,000.  Our fee is $3,000.  You keep $8,000 and all of your monthly benefits.

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The Forsythe Firm
Huntsville, AL
PHONE (256) 799-0297

 

3 WAYS TO BE APPROVED FOR SOCIAL SECURITY DISABILITY

Under Social Security rules and regulations there are basically 3 ways to be approved for disability benefits:

1.  Prove that you meet a Listing.  Listings are published lists of medical impairments and extensive symptoms which are documented by acceptable medical evidence.  Claimants of any age could meet a Listing.

2.  Meet or equal a grid rule, also called a medical-vocational rule.  It is possible to meet a grid rule only if

•        You are age 50 or older and
•        You have one or more exertional impairments in:
• Sitting
• Standing
• Walking
• Lifting
• Carrying
• Pushing, or
• Pulling

3.  The third way you can get disability benefits is by proving that you are not able to

• Perform any of your past relevant work, which is any job your have done in the past 15 years, nor

• Perform any other work which exists in substantial numbers in the United States.

Social Security decision makers will take a step-by-step approach to analyze which of the above methods allows for an award of benefits.  If neither of the 3 methods allows for an award, your claim will be denied.

I want to add that many claims are denied which should have been paid.  There is an appeal system in place to catch those errors and fix them.  This requires a hearing before an administrative law judge.  If your claim is denied, you must file a written appeal and ask for a hearing within 60 days.  While it will probably take about 18 to 24 months to get before a judge, you only have 60 days to request a hearing.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike  - Suite 108
Huntsville, AL 35806
"Across From Bridge Street"

PHONE (256) 799-0297

EMAIL US:    forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE WEBSITE

TECHNICAL DENIALS: WHY SOME PEOPLE WILL NOT QUALIFY FOR SSDI

There are several reasons that you might not meet the technical requirements to file a Social Security disability claim.  Here are a few of the more common disqualifying facts that we see:

1.  You do not currently have insured status under the Social Security Act.  Not everyone is covered by Social Security disability.  Generally, you must have earned 40 quarters of work credits and 20 of them must have been earned during the last 10 years. So, your work credits must be recent enough.  (Different rules apply to very young workers).

2.   You are now working at substantial gainful activity (SGA).  Social Security does not permit individuals who are still working and earning substantial wages to apply for disability, regardless of their age or medical condition.  You are deemed to be working at substantial gainful activity if your salary, wages, tips or commissions total a gross of $1,180 per month.  In short, if you are currently working and earning at least $1,180 per month you will not qualify for disability benefits.

3.  You cannot demonstrate that you have a severe medically determinable impairment that has lasted for at least 12 consecutive months, is reasonably expected to last for 12 consecutive months, OR to end in death.  Social Security has no short-term disability program.  It does not pay for any disabling impairment which lasts for less than 12 consecutive months. An impairment is generally "medically determinable" if your doctor has diagnosed it with acceptable medical practices such as examinations, laboratory tests, imaging studies, etc. 

NOTE:  There is no requirement that you wait 12 months to file a claim after you become sick or injured.  However, you must show by medical evidence that your impairment can reasonably be expected to have a duration of at least 12 months.  If you are expected to be able to return to work within 12 months, you do not have a disability claim.  This is called the Duration Requirement.  Some medical conditions can reasonably be expected to last 12 months or more and others will not. 

It is always a good idea to speak with someone who is knowledgeable about Social Security's rules and regulations as you try to decide your next step.  This can save you a lot of time, wasted energy and maybe some heartache.  Most attorney-advocates will provide you with free information and a free consultation in which your particular circumstances are analyzed to see how you should proceed.  This can often be done with a simple 10 minute phone call, right from your home.
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Charles W. Forsythe
The Forsythe Firm
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 325806

CALL US:  (256) 799-0297

EMAIL US:  forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE WEBSITE



 

3 MESSAGES YOU DON'T WANT TO SEND

Claimants who are unrepresented for Social Security claims may inadvertently send 3 messages to the judge that can hurt the case.

1.  You may send the message that your claim is so weak that you couldn't find an attorney-advocate to represent you.  Over 90 percent of claimants are represented.  Judges aren't accustomed to dealing with "unrepped" claimants.

2.  The judge may not expect you to show up for your hearing if you are unrepped.  A high percentage of claimants who don't have representatives don't bother to show up for their hearings.  Claimants with representation nearly always show up.  This places a negative stigma on unrepped claimants.

3.  Your hearing will probably be delayed for a few months if you show up unrepresented.  The judge will offer to delay the hearing to provide time for you to find counsel.  If you refuse, you will be asked to sign a waiver stating that you were offered a delay to find an attorney and you declined to do so.  Judges really don't like to deal with unrepresented claimants.  Once your hearing has been postponed, it can take 3 to 6 months to get back on the docket again.

There are many fine claimant's representatives in North Alabama who would like to help you with your Social Security hearing.  Most of them will provide a free consultation and case evaluation with no obligation.  You will only pay a fee if your case is successful and results in a back pay award.  (And who wouldn't be glad to pay a small legal fee under those conditions)?

I WAS DENIED. DO I HAVE A BAD CLAIM?

If you have been denied Social Security disability benefits it doesn't mean that you have a bad claim or that you can't get paid.  It means there is more work to be done on your case.

Let me illustrate it this way:  Out of the last 100 Social Security claims that I have won, 8 of them were won at the application level and 92 were won with an appeal of a denied claim.  Think about it.  If those 92 individuals had given up because they got denied, none of them would have ever collected a dime.

If you've recently been denied Social Security disability, it does not mean that you have a bad claim.  It certainly doesn't mean that it's time to give up.  Here is what it does mean:

1.  It's time to kick your claim up a level.  Get it away from the Disability Determination Service and into the hands of an administrative law judge.  This is where most claims finally get approved.

2.  You need to have someone with experience review your case and decide what it needs to get approved.  Does it need more medical evidence?  Does your doctor need to present a treating source statement?  How should you be prepared to face the judge when your hearing comes up?

3.  You need encouragement as you wait up to 24 months to get a hearing.  The wait is discouraging but remember that I may be able to get one month of benefits for you for each month you have to wait.  So, you may walk away with a great deal of money, plus a monthly check.

I fear that too many claimants give up on their claims when they get that letter in the mail saying, "You are not entitled to benefits because you are not disabled according to our rules."  THAT IS NOT A FINAL DECISION.  A high percentage of those denials are overturned and the cases are paid.

Be aware of the 60 day rule.  If you don't appeal your denial within 60 days, then the denial does become final and you have to start all over. 

There is never a charge for me to look at your case (before or after you are denied).  We will evaluate your claim to see what your next steps need to be--and if possible, we will help you take the next step. 

I can also help you file your initial application for SSDI.  You want a clean, complete application for two reasons:

1.  You want the best chance possible of being approved right away, and

2.  You want to lay the proper groundwork for an appeal in case your application is denied.

The Forsythe Firm works hard for hundreds of deserving disability claimants at all phases of the claims process.  We can handle claims anywhere in the state of Alabama or in Middle Tennessee.  We have also handled claims in Florida, Mississippi, Kentucky and Texas.  Our work is always free until you win and collect back pay on your claim.  And you always keep 100 percent of your monthly checks.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806

CALL (256) 799-0297

EMail Us:  forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM

IS IT WISE TO WORK WHILE WAITING ON SOCIAL SECURITY DISABILITY?

In our Social Security advocacy practice, we are often asked if it's a good idea to try to work while waiting on a disability decision.  If I had to give a one-word answer, I would say, "No."

But it's a little more complicated than that.  There is a technical answer and a practical answer.  I will try to give both answers, because I realize people have to eat while they wait 2 years or more for Social Security to make up their minds.

THE TECHNICAL ANSWER:

Claimants are permitted to work at limited levels while pursuing an SSDI claim.  If you are engaged in work which is not substantial gainful activity (SGA), it will not automatically disqualify you for SSDI benefits.  In 2018, if your earnings are less than $1,180 per month, you are not engaged in substantial gainful activity. 

THE PRACTICAL ANSWER:

With some judges, any work can jeopardize your case.  Let's say you are working part-time and only earning $900 per month.  That's well under the SGA limit of $1,180, so you have no problem, right?  Not necessarily.  Some judges will take the attitude that if you can earn $900 per month, you could earn $1,180 without much more effort.  Their thought process goes something like this:  "You're telling me that you can work enough to earn $900 a month, but you can't work enough to earn $1,180?" 

I've actually had judges say to me, "In today's economy, a lot of jobs are part-time jobs.  A person may be working a part-time job because that's the only job he can get, not necessarily because that's all he is able to do."

Let's say your part-time job requires you to be at work 8 hours per day each Monday, Wednesday and Friday.  You are off Tuesdays and Thursdays.  A judge may have a difficult time believing that you are able to work regularly and dependably on Mondays/Wednesdays/Fridays, but not on Tuesdays/Thursdays.  So, I think there is more to look at than just the dollar amount of your earnings, although that's all the law addresses, technically.

So, while the written law permits you to earn up to $1,179 per month in wages, tips or commission and still be disabled, I'd much rather walk into a hearing with a claimant who isn't working at all than one who is earning $1,179 per month.

On the practical side, I think the rule of thumb is this:  The closer you  get to earning $1,180 per month, the bigger problem you may have with Social Security decision makers.  Earning $500 per month may not cause any big issues, but earning $1,100 may create problems.

Each claimant has to decide for himself whether he needs the money a part-time job provides while they wait on Social Security to decide their claim.  The same problem still exists after your disability case is approved.  Persons who receive Social Security disability are also allowed to work below substantial gainful activity level.  (Earning more than SGA wages will cause your disability check to be discontinued).  What about earning $1,000 a month?   Again, I think the rule is:  The closer you come to SGA earnings, the bigger the potential for a problem you have.

Obviously, Social Security recognizes that people must eat while they wait months or years for a disability decision.  I suppose that's why they allow limited, part-time work.  But I have given you the truth of the matter here, as I have observed it during my years of work as a Social Security disability advocate. Be very informed about how working can affect your SSDI claim.

MY INSURANCE CO. SAYS I AM DISABLED, SOCIAL SECURITY SAYS I AM NOT

Here's a question we often get:  "My insurance company found me to be disabled and is paying me a long term benefit.  But Social Security says I am not disabled and will not pay me a benefit.  How is this possible?"

It's possible for three reasons:

First, Social Security has their own definition of "disability."  To them, it means 100 percent disability to the point of not being able to perform any type of full time work. If the SSA finds that you can still be a surveillance system monitor, a laundry folder or a ticket taker, they will deny your claim.  Their definition of disability is the most restrictive of anyone I can think of.  An insurance company may have a much less restrictive definition.  To them it may simply mean that you are not able to continue doing the job to which you are prepared by education, training and experience.  They don't expect you to switch careers and become a laundry folder or ticket taker.

Second, Social Security is entitled to make their own decision about who is disabled.  They are not required to accept anyone else's decision, even decisions by other federal agencies.  For example, you might be disabled under rules of the Veterans Administration but not under the rules of the Social Security Administration.

Third, Social Security requires 100 percent disability, while some other agencies and some insurance companies will approve disability benefits for less than 100 percent disability.  For example, the Veterans Administration will award benefits for a partial disability.  Workers Compensation may pay benefits for less than 100 percent disability.  But Social Security will not.

It is proving that you are 100 percent totally unable to work ANY job listed in the Dictionary of Occupational Titles (DOT) that is so difficult with Social Security. 

A very high percentage of SSDI claims get denied.  The next step is to appeal the denial and ask for a hearing.  The hearing is the best chance to win your claim, especially if you have professional representation who understands the complex set of regulations that Social Security employs.
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

CALL US:  (256) 799-0297

EMAIL US:   forsythefirm@gmail.com

YOUR SSDI TOOL BOX: DO YOU HAVE WHAT IT TAKES TO WIN?

Can a claimant present his or her own Social Security disability case before a judge.  Yes, of course.  But the pertinent question is this:  "What tools are in your tool box?"

Unfortunately, many claimants will have to answer honestly, "My tool box is empty."  Or, "I don't have a tool box."

If you set out to build or remodel a house, you must have a tool box - or perhaps a whole truck load of tools.  Otherwise, you can't really expect to get the job done.

How can you expect to prevail at your own Social Security hearing if you don't have the tools to do the job?

Tools, in this example, means the knowledge of laws, rules, regulations and procedures used by the Social Security Administration to decide a case.  Tools are the skills needed to handle problems and overcome objections to paying our claim.  And, trust me, there will be objections and issues. 

If the vocational witness testifies that you can perform sedentary work, do you have a "tool" to refute it?  If not, you will lose your case then and there.

If the judge finds that your residual functional capacity allows for medium exertion level jobs, do you have the right tool to challenge that conclusion?  If not, there goes your case.

If the judge questions whether you have been working at substantial gainful activity, do you know which tools you can use to get a favorable conclusion to that question? 

I could go on and on and on.  There are so many issues that can come up in a disability hearing that I can't count them all.  The advantage of having a lawyer-advocate with you at the hearing is simply this:  He or she will have a big bag full of tools that really work in handling these issues. At least, the attorney-advocate will have a much better chance than you will if you go in without a toolbox (or an empty one). 

Just like a skilled carpenter can reach into his toolbox and get a tool to expertly fit a piece of trim, your advocate can pull out a tool and skillfully handle a problem in a way that conforms to the rules and regulations of the Social Security Administration.  And this can mean the difference between losing and winning your benefits.  In short, it can earn you about $500,000 in lifetime benefits, as opposed to losing all that money.  It can make the difference between living pretty comfortably for the rest of your life or suffering.

Think about the question:  WHAT IS IN YOUR TOOL BOX?
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Charles W. Forsythe, Partner
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

E-Mail Me:    forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM

WHAT LANGUAGE ARE YOU SPEAKING?

The Social Security Administration speaks to itself in its own language which is foreign to most claimants.  When you attend a disability hearing, the following abbreviations will be tossed around freely.  I'm giving you a sort of dictionary of common Social Security terms and what they mean.

ALJ - Administrative Law Judge - is the person who presides over hearings and who will decide if you can receive benefits.

AOD - Alleged Onset Date - is the date on which a claimant says he/she first became disabled.  Often, benefits can be paid back to this date.

DDS - Disability Determination Service - is the name of a state agency contracted with Social Security to process new disability claims and make the initial determination as to whether the claimant is entitled to benefits.  DDS denies over 75% of all claims.

DLI - Date Last Insured - is the date on which a claimant's coverage for disability benefits will expire.  This date is usually 5 years after he/she stops working. It can be very difficult to file a new claim after the DLI.

DOT - Dictionary of Occupational Titles - a standardized data base of jobs listing the job description, exertion level and the level of skill required to do the job.  Published in the 1930s, the DOT was last updated in the 1990s but has become the "Bible" of work for the Social Security Administration, even though it is grossly out of date.

ME - Medical Expert - a doctor who may be asked by Social Security to review a claimant's medical records and/or appear at a hearing to advise the administrative law judge on such issues as whether a claimant meets a medical Listing, etc.

OTR - On the Record Decision - is a fully favorable decision issued by an administrative law judge or senior legal advisor without a hearing.  This is issued when the evidence in the record overwhelmingly supports a decision of disabled.

PFD - Protected Filing Date - is the date a claimant first contacts the Social Security Administration and expresses an interest in filing a disability claim.  The PFD may be earlier than the application date.  This date often determines the earliest date a claimant may begin getting SSI benefits.

PRW - Past Relevant Work - is the work you have performed in the past 15 years, which (a) was performed at Substantial Gainful Activity level and (b) was performed long enough to learn how to do the job.

RFC - Residual Functional Capacity - is the most a person is able to do in terms of work-like activity.  It measures whether a person is capable of exertion at the sedentary, light, medium, heavy or very heavy categories (ranging from easiest to most difficult).

SGA - Substantial Gainful Activity - is the level of work which is considered enough to (a) disqualify a person for SSDI benefits and (b) count as past relevant work in a claimant's past work history.  In 2018, if you work and earn at least $1,180 per month, you are engaged in SGA.  The number increases slightly each year due to inflation.

SSDI - Social Security Disability Insurance (Income) - is the name of the Title II disability program, funded by FICA taxes withheld from a worker's pay and paid into the government's trust fund.  Only workers earn SSDI coverage.  SSDI benefits are usually quite a bit higher than SSI benefits.

SSI - Supplemental Security Income - is a government program for elderly and disabled individuals who have very low household incomes and few financial resources.  Unlike SSDI, it does not require work history to be covered.   Currently the maximum SSI benefit is $750 per month.

VE - Vocational Expert - sometimes shown as "VW" for Vocational Witness.  This is a jobs expert called by Social Security to attend hearings.  The VE answers the judge's questions about how certain functional limitations impact the ability to perform work in the national economy.  Nearly all hearings on adult disability cases will have a VE present.


Understanding some of these terms may make Social Security a bit less confusing.  Of course, it won't make you an expert.  So you may want to consider getting an expert to help you file and pursue your claim for benefits.
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By:  Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

PHONE (256) 799-0297

THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE

WHAT DISEASES WILL QUALIFY FOR DISABILITY BENEFITS?

What medical conditions will qualify me for Social Security disability?

The answer is, any medical impairment may qualify you for benefits, as long as the following are met:

1.  The condition is medically determinable.  This means your doctor knows what causes it and has taken steps to diagnose your exact problem.

2. The condition has lasted 12 consecutive months, is expected to last for 12 consecutive months, OR is expected to end in death. 

3.  It is a severe medical condition with symptoms so severe that it prevents you from being able to work.

Number 3 is the most difficult to prove.  Merely being diagnosed with a medical condition will usually not show that you are disabled.  For example, you may have migraine headaches but if you can still work you are not disabled.  You may have diabetes but if you can still work you are not disabled. It is the severity of the condition that may be disabling.

And this all boils down to medical evidence.  Your doctor holds the key.  When you file a disability claim, be sure that Social Security obtains all your medical records from every doctor, hospital, clinic, emergency room or other provided who has treated you.  You must report the name, address and telephone number of each doctor on your application. Social Security will pull the records (but only the ones you tell them about).

Evaluating a Social Security disability claim is pretty complex.  There are several factors, other than medical history, that must be considered.  These include age, past work history and education.  All of these factors will influence the medical-vocational guidelines or "grid rules" and affect the probable outcome of your claim.

Finally, you should know that Social Security is prone to deny over 75 percent all applications right off the bat.  So, be prepared for a denial.  Respond with an appeal within the 60 day deadline.  The appeal is your best chance to be approved.

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM

HOW TO GET THE MOST MONEY OUT OF YOUR SOCIAL SECURITY DISABILITY CASE

You have a Social Security claim in the making.  Of course, you want the maximum money out of it.  You won't get it automatically; you will have to fight for it.  There are things you can do to maximize your benefits.  Here are some of them:

1.  Take your alleged onset date (AOD) back as far as possible.  In other words, claim that your disability began as far back as possible.  This will increase the amount of your back pay.  You can actually claim disability up to one year before you file your application under some circumstances.  The judge will challenge your onset date, so you must be prepared to defend it.

2.  Be sure that your medical evidence goes back to the alleged onset date.  Most people think in terms of proving that they are disabled now.  But in reality, you want to prove to prove that you were disabled then, i.e., at your alleged onset date in the past.  You must present medical evidence to prove that.  So, for example, if you claim to have become disabled on July 1, 2015, you need medical records going back at least to that date.

2.  Be sure all of your past work has been properly reported to the Social Security Administration.  Most of the time it has, but I've seen cases where a year or more of work is missing.  That can affect the amount of the monthly benefit.

3.  Consider using an attorney-advocate who knows how to maximize your benefits.  Believe me, it's really easy to get a disability claim derailed and either lose it outright, or let thousands of dollars in past due benefits slip away.  A professional knows exactly how much to push for more back pay but he also knows when to step back and not jeopardize the case with the judge.  As the claimant, you are simply not able to do this for a variety of reasons, be it intimidation, inexperience or simply not knowing what the rules allow you to do.  Get a free professional evaluation before you strike out for the courtroom alone.
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The Forsythe Firm
7027 Old Madison Pike
Suite 108
Huntsville, AL 5806
"Across from Bridge Street"
PHONE (256) 799-0297

E-mail us:   forsythefirm@gmail.com

SOCIAL SECURITY OVERPAYMENT: "YOU MEAN I HAVE TO PAY THEM BACK?"

I've had about 5 calls during the last 30 days from people who owe money back to Social Security and they are calling me to see if there is some way to avoid repaying the money.

This happens when someone accepts benefits from Social Security that they were not entitled to.  They just keep cashing the checks.  Eventually, Social Security catches on and demands their money back. And this puts the beneficiary in a really bad fix.

An individual called me recently (not one of my clients) because Social Security was demanding repayment of $68,000.  Apparently, this individual had qualified for a disability payment, then sometime later she went back to work.  She worked and kept cashing her Social Security checks for a few years.  Social Security can be really slow and it may take them a while to catch on.  But eventually they do--and they will then demand the money be repaid.

Can a lawyer get you out this mess?  Probably not.  If you take money from Social Security that you are not entitled to, you probably will have to pay it back. 

This usually happens when someone goes back to work and keeps on cashing Social Security checks.  This is just never, never a good idea!

If you are getting an SSDI or SSI benefit and decide to go back to work, you must report your earnings to the Social Security Administration.  I recommend you do so in writing and keep a copy of the letter.  (Individuals tell me, "I called Social Security and told them I was working and they just said it was OK").  This will not fly when the government comes looking for it's money back!

There could be some instances where an individual could work and still be legally entitled to a Social Security check.  The Ticket to Work program would be an example, but it has rules and limits.  Be sure Social Security knows about your job, how much you work and how much you make.  And again, put it in writing.  You simply cannot prove that a telephone call took place or what was said.  Besides that, telephone calls do not entitle anyone to violate federal laws.

Stay out of trouble.  You don't want the government knocking on your door, looking for money back.  If you take money you are not entitled to, you cannot get away with it.  Eventually the sleepy old Social Security dinosaur will wake up, realize that there's a fire under its tail, and come looking for you. And it will hurt!

5 GUARANTEED WAYS TO LOSE YOUR DISABILITY BENEFITS

Unfortunately, a lot of people who call me have already lost their disability hearing.  Often, by the time they call me it's too late to help.  There's often a common thread that runs through our conversations.  Here are some common things that I see which will almost guarantee a denial of your Social Security benefits.

1.  Working after your alleged onset date, especially if you had gross earnings of over $1,180 per month. This will always get you a step 1 denial.

2.  Lying to the judge about anything.  I don't know why people do this.  They always get caught.  And chances are, if they had told the truth it wouldn't have hurt their case, anyway.  Claimants may lie about anything but favorite topics to lie about include smoking, drinking, being arrested and not being able to drive.

3.  Quitting work for some reason other than being disabled.  There may be a lot of good reasons to quit your job but Social Security won't pay for most of them.  They only pay a benefit if you stopped working because of a physical and/or mental condition that made it impossible to keep working.  They do not pay for quitting to go to school, caring for a sick child or relative, plant closings, layoffs, moving or family problems.

4.  Failure to get or comply with medical treatment.  The claimant has the burden of proof and that proof must consist of records from an acceptable medical source, which usually means a doctor.  Failure to get regular treatment and medical evaluations will get a claim denied as fast as anything.  I realize many people who can't work don't have insurance or money for doctors.  If you are in that situation, try to find a community free clinic who will treat you.  There are low cost options out there.  My office can provide a list.

5.  Failure to show up for your hearing.  Believe it or not, a lot of people wait 2 years or longer to get a hearing, then just don't show up. When this happens, the judge will most likely dismiss the case.  That means, "Goodbye.  File a new claim if you wish but you will have to wait 2 more years to get a new hearing scheduled."  And judges take very few excuses for now showing up at hearings.  Best advice:  If you have a real emergency that prevents you from attending a hearing, first notify your attorney or representative.  If you are not represented, call the judge's office as soon as you know you won't be able to attend and explain why.  If you have a true emergency, the judge can issue a "Show Cause" order, giving you the right to explain why you had to miss the hearing.  If this is accepted, your hearing may be simply rescheduled within 2 or 3 months and you don't have to reapply and start over.

ALABAMA VS. TENNESSEE SOCIAL SECURITY BENEFITS

I advocate for disability claimants in Alabama and Tennessee.  The question often comes up, is the Social Security process the same for both states?  Surprisingly, it is not.

While Social Security is a federal program, the initial decision making process is handled by the state.  The program is a little more complicated in Tennessee and a little more streamlined in Alabama.

This is because Tennessee using a process called Reconsideration and Alabama does not.  Reconsideration simply means that if your application is denied, you have to re-submit it and have it reviewed again by the same state agency that denied it the first time.  This takes about 4 to 6 months and you nearly always get the same decision second time around.  It's basically just a time waster.  After the second denial, you can file an appeal with an Administrative Law Judge, where something might finally get approved.

In Alabama, you can file the appeal with the judge right after the first denial.  You eliminate the time-wasting "Reconsideration" phase.  So, while the disability process in Alabama can take 24 months or more, it is several months faster than it is in Tennessee.

Some people who live in Alabama may still have their appeals sent to a judge in Tennessee.  Some of my clients get their appeals sent to a judge in Franklin, TN, even though the claimants live in Alabama.  When this happens, you will follow Alabama rules.  You don't have to mess with Tennessee's "Reconsideration" as long as you are an Alabama resident.

Social Security disability is so tricky these days, I'd recommend you start with an attorney or advocate who knows the law and the process.  Whether you live in Alabama or Tennessee, talking to an attorney will be well worth your time.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
(256) 799-0297

The Forsythe Firm
725 Cool Springs Boulevard
Franklin, TN 37067

BACK PAIN AND SOCIAL SECURITY DISABIITY

The 33 moving parts of the human spine cause major problems, especially as we age.  We can develop a natural process called degenerative disc disease.  Social Security awards more payments for back and musculoskeletal impairments than for any other disorder.

But what will you need to be successful with a Social Security disability claim for back pain?

First, you will need for a doctor to diagnoses why you are having pain.  An orthopedic doctor is best.  The diagnosis should be based on X-rays, MRI or other imaging studies.  You cannot get a disability benefit with a subjective complaint of back pain.

Second, Social Security will want to see where your doctor has described your symptoms.  When did they start, how have they progressed and how severe are they?  What type of medical treatment or intervention has our doctor tried to make you better?  Medications?  Injections?  Physical therapy?  Surgery?

Third, how do your medical symptoms translate into work restrictions?  How does the back pain affect your specific ability to sit, stand, walk, lift, carry, push and pull?  Since most routine medical records do not address these functional areas, you should ask you doctor to complete a Residual Functional Capacity form. 

HOW SEVERE MUST YOUR FUNCTIONAL LIMITATIONS BE IN ORDER TO GET A DISABIILTY CHECK?

Answer:  It depends on your age.

Age 50 and younger:  You generally must be unable to perform any type of work which exists in the U.S. economy on a full-time basis.  This includes the inability to do the easiest of all jobs, which would be jobs at the sedentary exertion level.

Age 50 and older:  You must be unable to perform any of your past relevant work, i.e., the work you have done during the most recent 15 year period.

So, your past work history plays a very important role in determining whether you are found disabled.  (Question:  Did you do a good job filling out your Work History Report back when you first applied for benefits?  Most people don't and it comes back to hurt them here).

Frankly, you should consider getting an attorney before you touch a Social Security disability application.  Many people try it alone and by the time they find out that wasn't a good idea, it is too late. 
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

PHONE (256) 799-0297

E-Mail Us:   forsythefirm@gmail.com

3 THINGS INCREASE YOUR CHANCE IN SSDI APPLICATIONS

There are 3 things that greatly increase your chance of being approved for a Social Security disability check. 

1.  Make sure Social Security gets all of your medical records from every provider:  doctors, clinics, hospitals, emergency rooms, psychologists, counselors and therapists.  Generally, you want to go back at least 1 year from the date you file your application.

2. Get specific functional limitations from your doctor.  Even getting all your medical records may not be enough, especially if you don't have a very severe or life threatening medical condition.  Get your treating physician you fill out a Treating Source Form (also called a "Residual Functional Capacity form").  This form specifies such things as

• How long you can sit, stand and walk during an 8-hour workday
• How much you can lift on a repeated basis
• What are your postural limitations?  Stooping, reaching, kneeling, crouching, crawling?
• Are you independent in our activities of daily living?
• How many days of work would you be expected to miss each month due to your symptoms or medical treatment needs?

3.  Get an Attorney.  The data we see indicates clearly that claimants with attorneys are much more likely to be approved.  This is especially true at the appeal or hearing level.  Whether you involve an attorney at the start of the process, or near the end, you will pay the same fee because attorneys work on a percentage of the back pay they are able to get for you, not by the hour.

5 MISTAKES NOT TO MAKE IN A DISABILITY HEARING

Social Security disability hearings are presided over by U.S. administrative law judges who will take sworn testimony.  Here are 4 important mistakes to avoid in your hearing.

Sharing Unsolicited Information

Giving too much information can be a fatal mistake.  You must and should answer every question honestly.  However, don't give more information than you are asked for.  Here are some examples of things not to volunteer without being asked:

• Prior claims your or family members have made for disability benefits.
• Drug or alcohol issues
• Arrests or criminal history
• Failure to follow doctor's treatment

Making Unwise Statements to the Judge

•  "No one will hire me.  I am a liability to an employer."
• “I can't find a job."  This implies that if you could find a job, you would be working.
• “There are no jobs in my field in this town."  That is not a disability.
• “I don't have transportation, I can't drive, or I don't have a driver's license."  No judge will award a disability benefit on this basis.  It hurts your case.
• "I can't work because I have to care for my (family member)."  Again, this is certainly not a disability.  It implies that you are not working because of a non-medical problem.

Exaggerating or Under-Stating Your Symptoms

A sure way to lose your case is to exaggerate your symptoms or conditions.  Don't say you have level 10 pain all the time.  Don't paint a picture of someone who is bedridden nearly all the time, or someone who uses a walker to ambulate if this is not the case.  For heaven's sake don't bring a cane, a walker, a wheelchair to a brace into court if it hasn't been prescribed by a doctor.  Judges absolutely hate theatrical props.  They have seen it all and heard it all and can spot an exaggeration a mile away through heavy fog!  Just don't try it.  Don't go the other way and under-state your symptoms, either.  Some people do tend to minimize their conditions, especially their mental impairments.  Your goal in a disability hearing is to help the judge understand what kind of activities you can and cannot do in a normal day.  You do not have to be totally unable to perform activities of daily living to be approved.  You can be found disabled if your medical condition prevents you form being able to work 8 hours per day, 5 days per week on a regular and continual basis.  But the judge must find your testimony to be credible.  It must generally match what your doctors say in their medical records.

Disregarding Courtroom Courtesy

We live in a culture of disrespect where courtesy and etiquette seem to be vanishing.  However, courtrooms are still places that expect and demand courtesy. 

• Arrive early. When it comes to the courtroom, if you’re on time, you’re already late. Be sure to arrive 1 hour before your scheduled hearing; not only does it look good on you, it also provides extra time to mentally prepare.  And many judges will start early.

 

• Show respect. It’s understandable to become frustrated during a social security benefits hearing, especially if things don’t seem to be going your way. But being rude won’t help your case; remain polite, speak clearly, address the ALJ as “your honor,” “sir” or “ma’am,” and bite your tongue if needed!

 

• Dress appropriately. Proper attire shows respect for the judge; after all, this is their courtroom.  While it's all right to dress casually (no suit and tie), never wear shorts, tank tops, or flip-flops, even if it is a 100-degree summer day. And don’t forget to take off your hat or ball cap. TURN OFF THAT CELL PHONE!

Representing Yourself

There is simply no reason to be unrepresented.  "Unrepped" claimants, as they are known, are not taken seriously.  By not having a representative you may send an unintentional signal to Social Security staff.  You may say to them, "My case is so weak that I could not find an attorney or advocate to represent me."  Also, it  is my observation that about one-half of unrepresented claimants don't bother to even show up for their scheduled hearing.  This sends more non-flattering vibes.  Further, walking into a hearing unrepresented will result in your hearing being delayed because the judge will offer to postpone the hearing until you find an attorney. This will typically delay the hearing 3 or 4 months while you wait to get back on the docket.  A lady recently called me for help because she had just been denied at her hearing, having represented herself.  "The hearing was nothing like I thought it would be," she told me.  "I had no idea what was going on from the time I walked in until the time I walked out.  Before I knew what was happening, I had been denied."  There is no reason for this.  You can get excellent professional representation with absolutely no money upfront.  Your representative will prepare and attend our hearing without a fee or deposit.  If your case is successful, Social Security will withhold the legal fee from your back pay and pay the attorney's fee directly.  If you are not successful, there will not be a fee at all.  So, Social Security claimants can hire the same quality of legal help that a multi-millionaire could afford.  Don't cheat yourself and lose your case by representing yourself.

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM

(256) 799-0297   Free Consultations

HOW TO GET SOCIAL SECURITY BENEFITS IN ADDITION TO VA BENEFITS

American veterans who served in any branch of the US armed forces paid FICA tax, or Social Security tax.  Therefore, they are covered by Social Security Disability Insurance (SSDI), in addition to benefits available through the Veterans Administration (VA).

How Does a Disabled Veteran Get Social Security Disability Benefits?

1).  You must file a separate application with the Social Security Administration.  SSDI benefits are totally separate from VA benefits.  Qualifying for a VA benefit does not automatically give you SSDI benefits.  Social Security has its own rules and its own application process.

2).  Appeal any denial of your SSDI application.  Unfortunately, between 70 and 80 percent of all SSDI applications are denied after a rather mechanical review.  This is the norm, not the exception.  You should file an appeal within 60 days and ask for a hearing before a federal administrative law judge (ALJ).  This is where a majority of cases get approved.

3).  Consider professional help with your claim and especially with your appeal.  Social Security rules are complex, intimidating to most claimants and the appeal hearing is a complicated legal proceeding.  You can get a lot of free legal services from a qualified advocate or attorney, including free consultations, assistance with applications and forms, and appeal/hearing representation.  Your representative will charge you a fee only if you are successful and recover past due benefits.  Social Security will withhold a small percentage of your back pay and pay your representative directly.  Fees are structured by law to protect the claimant and limit the amount of fees your representative can charge.  You can't be charged any fee at all unless you win your claim and also recover past due benefits.

Veterans claims have several advantages.  Most veterans have access to good medical care and have complete, detailed medical records. The fact that the VA has awarded a disability benefit is not binding on Social Security; however, it is good evidence of a significant disability which may strengthen the SSDI case.  Finally, veterans with a 100 percent permanent, service connected disability may get expedited claims processing.

My firm has worked with hundreds of veterans, mostly here in north Alabama--but also in other states, including Tennessee, Kentucky, Mississippi, Texas and Florida.  We have a very high success rate with helping veterans get SSDI benefits.  If you are a recently disabled veteran, we would be pleased to provide a free consultation at no obligation.  Our office is located adjacent to Redstone Arsenal's Gate 9, inside Cummings Research Park and directly across from the Bridge Street Mall.  We highly recommend an appointment so we may devote our undivided attention to you when you visit with us.
__________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

CALL US:  (256) 799-0297

EMAIL ME:    forsythefirm@gmail.com

HAS YOUR SOCIAL SECURITY DISABIILTY COVERAGE EXPIRED?

Social Security Disability Insurance (SSDI) only covers insured workers.  You become insured by working the required number of quarters and paying FICA tax by payroll deduction--which is really Social Security and Medicare tax.  Like all insurance, SSDI has a beginning date and an ending date, which most people are not aware of.

I am looking at my homeowners insurance policy, for example.  My coverage on my home began February 13, 2018 and will expire February 12, 2019 at midnight--unless it is renewed.  To renew it, I must pay the 2019 premium.  If I don't pay the premium, I will no longer have insurance on my home.

Social Security disability (SSDI) works the same way in principle.  The date your SSDI coverage expires is called your Date Last Insured (DLI).  It's one of the first things Social Security decision makers will look at when deciding if you can qualify for a benefit or payment.

If I want to file a successful claim on my homeowners insurance, I must prove that I suffered a loss while my policy was still in force. 

To be covered (insured) for SSDI, a general rule of thumb is:  You must have worked 5 out of the past 10 years, or earned 20 quarters of work coverage out of the past 40 quarters.  You must have contributed FICA taxes during these quarters to be covered.  The specific number of credits you need varies according to your age.

How do you find out if you have enough work credits to be covered?  The best way is to call your local Social Security office and ask.  The two questions you want to ask are:

(1)  Do I have enough work credits to be covered by SSDI?

(2)  When is my Date Last Insured (DLI)?  In other words, when will I stop being covered?

A DLI in the past is called a "remote DLI" and can make the claim difficult to win because you must prove that you became disabled prior to the DLI.  The further in the past your DLI is, the harder it is to win an SSDI claim.  If you are diagnosed with a new, disabling medical condition AFTER the DLI, Social Security will not consider it.  (It would be like my house burning AFTER my insurance policy expired).  Also, if your medical condition worsens after your Date Last Insured, Social Security will not consider it.  They only consider your medical condition prior to your DLI, not after.

I urge people to apply for SSDI benefits as soon as they believe their medical condition makes them unable to work.  Once the application has been filed, you are given a "protected filing date."   It doesn't matter if your SSDI coverage expires after you have filed a claim.  It will still be processed.  But there is real danger in waiting too long to file your claim.  Filing a new claim after your Date Last Insured is never a good thing.

So, here is what you should come away with in this brief tutorial about DLI:

1)  You must have accumulated enough recent work credits to have SSDI coverage. 

2)  You should file your new SSDI claim before your Date Last Insured, that is, before your Social Security disability coverage expires.

Note:  SSDI coverage usually expires about 5 years after you stop working and paying FICA tax into the system.  So if a worker with a long work history stops working in 2015, his Date Last Insured will probably be sometime in 2020. At that point he becomes uninsured for any Social Security disability benefit. This can vary from worker to worker.

There are a lot of other technical matters that must be considered when determining whether a person has a viable SSDI claim.  It is not as simple as whether your or disabled or not.  You can certainly be disabled and yet not eligible for a benefit.

A good Social Security disability attorney or advocate will look into all the technical aspects of a claim and advise you of problems you may encounter.  It is true that you must have medical evidence to prove that you are disabled.  In addition, however, you must also prove that you meet the technical rules of eligibility.
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Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"The Social Security Firm"

CALL US:  (256) 799-0297

EMAIL ME:   forsythefirm@gmail.com

DENIALS AT EACH STEP AND WHAT THEY MEAN

A Social Security disability claim can be denied at steps 1 through 5 of the sequential decision-making process.  While denials at steps 4 and 5 are the most common, denials can happen at any stage of the process.  Here's why each denial happens.

STEP 1:  You could be denied if you are currently working at the level of substantial gainful activity (SGA).  This happens if you currently have wages or self-employment income of at least $1,180 per month.  You can't work and receive Social Security disability benefits at the same time.  So a Step 1 denial is based on working.

STEP 2:  You do not have a medically determinable impairment that has lasted for at least 12 consecutive months, is expected to last for at least 12 consecutive months OR to end in death.  If your medical impairment is not expected to last a full year, your claim will be dismissed here at Step 2.

STEP 3:  There usually are no denials at Step 3; however, this step determines two things that set you up for steps 4 and 4.  First, it is decided here whether you meet a published Listing.  Second, your Residual Functional Capacity (RFC) is decided here at Step 3.  The RFC is the most you are capable of doing in terms of work-like activity.

STEP 4:  You can be denied if it is determined that you are able to perform any of your Past Relevant Work (PRW).  PRW is any full-time job you have held within the 15-year period prior to filing for Social Security disability.  If you are able to perform any of those jobs, you will be denied at Step 4.

STEP 5:  A denial here means that you cannot perform any of you past work but there are other jobs in the US economy that you could perform.  This is really where most denials take place, especially for individuals who are under age 50 and cannot meet a grid rule.  So, by the time you get to step 5, you must be unable to perform any kind of full-time job, even a simple unskilled sedentary job, in order to get benefits.

What's the Best Way to Avoid a Denial?

First, have your case evaluated by someone who knows the system before your hearing.  An experienced attorney/advocate can look at your case and probably tell what's likely to happen at each step.

Second, be sure you prove the severity of your medical impairment(s) with objective medical evidence.  What your doctor says is what is really important. This also happens before the hearing takes place by making sure Social Security has all of your pertinent medical records.

Third, have your appeal prepared by competent legal counsel.  If you simply trust to luck, luck will usually let you down.  Your attorney/representative will look at each of the five steps ahead of time and try to go in with a winning strategy at each step.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

CALL US:  (256) 799-0297

EMAIL US:  forsythefirm@mail.com