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.

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

E-Mail me at       forsythefirm@gmail.com