Friday, September 14, 2018

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

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