Nashville Disability Benefits Specialists (615) 732-6159

www.DisabilityNashville.com  - free answers to Social Security disability questions.  Practical, helpful information.

 The following questions are answered - and more:

?  What are the requirements for Social Security disability?

?  When should I apply?

?  What should I do if I am denied?

?  How can a disability advocate or attorney help me?

?  What will it cost to appeal my case for disability?

?  What types of Social Security disability benefits are available?

You may call our Nashville TN office at (615) 732-6159.

Call our North Alabama office at (256) 799-0297.

 

ALABAMA VETERANS CAN GET SOCIAL SECURITY DISABILITY

HUNTSVILLE, AL / REDSTONE ARESNAL, AL    

Social Security disability is available for disabled veterans.  If you are disabled, you may qualify for Social Security disability - in addition to your VA benefits.  Getting Social Security disability will NOT reduce your VA benefit.

If you have a 100 percent permanent disability with the VA, you qualify for an expedited decision from Social Security.

The application process, as well as the rules and regulations governing approval, are different from the VA rules.  

The Forsythe Firm in Huntsville (256-799-0927) can help you apply for and win Social Security disability.

We are local and experienced.  There is no fee for our services unless you win and collect back pay.

For more information about the Forsythe Firm and the Social Security disability process, please visit our web page at www.VeteransDisabilityHuntsville.com

See also   http://VeteransDisabilityHuntsville.com

REQUIREMENTS FOR DISABILITY IN ALABAMA

Alabama joins 9 other states in the US in a so-called "streamlined" version of Social Security disability.  Don't let that label fool you, however.  While it may take even longer in the other 40 states, a disability claim in Alabama can drag on for a year - or two.

Here are some of the basic points in an Alabama Social Security disability claim.

• Insured Status.  You must first be covered under Social Security disability or Title II insurance.  This coverage is obtained by working and paying FICA taxes through payroll deduction.
• Severity.  You must have a medically determinable impairment that presents symptoms severe enough to prevent you from working, or symptoms which significantly interfere with your ability to work.
• Duration.  Your impairment must last or be expected to last a minimum of 12 consecutive months, or to end in death.
• Burden of Proof.  The claimant must prove that he/she is not able to work because of a severe medical impairment.  You must be unable to return to previous relevant work or to perform any other work.  Proving this will usually require both objective and opinion medical evidence.
• Probability of Denial.  In Alabama, just over 70 percent of Social Security disability claims are denied after a review of the initial application.  Then, the case must be appealed.  The claimant will end up in a hearing before a federal official called an administrative law judge (alj).  The ALJ can give you a favorable decision if your evidence supports your claim.  Caution:  In 2010, national award rates at the hearing level averaged over 60 percent.  At the end of 2013, award rates had fallen to below 50 percent for the first time in history.  These hearings are difficult and complex.  I advise professional help.

THE FORSYTHE FIRM
Phone (256) 799-0297 or (256) 431-1599

www.Get-SS.com

1 IN 4 ODDS FOR SOCIAL SECURITY DISABILITY APPROVAL

Odds of 1 in 4 may not be bad in some wagers.  However, if you are unable to work, have bills pouring in and need an income, the odds are not so good.

Only about 1 in 4 applications for Social Security disability will eventually be approved.  And the process can take months or years.  The process itself can be depressing.  No wonder most people simply give up before they get benefits.

That's where an expert representative can help.  No, we cannot make it an instant process, usually.  We can't fundamentally change the process.  We can deal with the hassles for you, and we can make sure that every form is properly completed and nothing is holding up your claim unnecessarily.  We can also prepare a strong appeal if your claim is denied.  Our advocate will stand with you at the hearing and will present an argument most likely to obtain your benefits--future and backpay.

There is no cost until your claim is approved and your backpay check arrives.  Then, because we are approved for Direct Pay, Social Security will pay our fee directly by deducting it from your backpay.  There is no risk on your part.  If you don't win, you don't pay a fee.

Make the most out of your Social Security disability claim.  The odds are poor enough.  Statistics show that claimants who are represented are more likely to win than those who are not represented.  Free local consultations (Huntsville area) are available.  Call us at (256) 799-0297.

If you live in the middle Tennessee or Nashville area, call our Nashville office at (615) 732-6159.

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THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike
Suite 108
Huntsville, AL 35806                                                                                       

(256) 799-0297

THE FORSYTHE FIRM
725 Cool Springs Blvd.
Suite 600
Franklin, TN 37067
(615) 732-6159

CAN I APPLY FOR DISABILITY IF I WORK?

Here's a question we get all the time?  Can I apply for Social Security disability without quitting work?

The answer is not "Yes" or "No."  The answer is "Maybe."

If you are working at what Social Security calls "substantial gainful activity" (SGA) level, you are not eligible for disability.  SGA for 2013 is earning at least $1,040 per month, in gross earnings.  Self employment income is also considered.  Note that Social Security does NOT count retirement income, investments, or most insurance or annuity payments as earned income.

Work can be considered SGA even if you don't earn $1,040 per month.  An example would be a self-employed person who works 40 hours a week in her own business but does not produce $1,040 a month in income.  This individual is still engaged in work that is "substantial" and "gainful."

If a person earns less than $1,040 per month (in 2013) he is technically not engaged in SGA and may apply for disability benefits.  However, Social Security may take the fact that you are working, even part-time, as an indication that you can perform work related activities.  That could hurt your claim.  The decision whether to work or not work after filing a Social Security disability claim is a tough decision to make.  It's probably better not to work unless you have to.

Key Factors in a Social Security Disability Case

Here are a few key ingredients that go into a Social Security disability case.  I am referring mainly to the hearing level - but to some degree, these "ingredients" go into cases at all levels of consideration.

• Claimant's Age:  It is a little easier for claimants over age 50.  That doesn't mean younger claimants can't win; they certainly do.  But we may have to work harder.
• Education level:  The more education a claimant has, the more likely the ability to transition into "other work."  The "occupational base" will be larger.
• Residual Functional Capacity (RFC) - refers to the maximum exertional abilities the claimant can still perform even with his/her impairments.
• Relevant Past Work - refers to all the jobs the claimant has performed within the past 15 years (with some conditions applied).
• Are there transferable skills?  If the claimant has worked in very skilled occupations, she may have skills that will transfer to other types of work.
• Exertional limitations - lack of ability to lift, carry, walk, push, pull, etc.
• Postural limitations - can the claimant kneel, bend, crouch, crawl, climb, stoop, etc.?  Is her ability to sit for prolonged periods of time restricted?
• Non-exertional limitations - may also include mental restrictions, such as the ability to understand and follow instructions, make work related decisions, or respond appropriately to supervision, co-workers or others.

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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Visit our Website



Local member:  National Organization of Social Security Claimants Representatives - www.nosscr.org

How I Prepare for a Social Security Disability Hearing

Preparing for a disability hearing is hard work but vital to the case.  The judge will likely give you about 30 minutes to make your case. Those minutes are precious and must not be wasted.

I try to get to know the claimant first.  I want to meet him/her, listen to their story, know how they are limited, what they can do and can't do.  Every case is similar, yet each case is different, too.

Next, I try to read all of the medical records.  I want to digest what the doctors have said about my client.  Then, I take a look at the vocational evidence.  What kind of work has this person performed in the past?  What skill level was involved?  How was each past job classified as far as the exertion level?

When I feel that I know the claimant and the case pretty well, I will sit down to write the legal brief.  The brief is a precise framework that walks the administrative law judge through the medical and vocational files--and leads to a logical conclusion.  A good brief will cite Social Security Listings, rulings, laws or grid rules that apply to the case.  It will give the judge several reasons to find the claimant disabled.  

Often, I don't see a way to prove disability until I write the brief.  That's when the "light dawns," so to speak.  Sometimes, I literally jump up from my computer, reach toward the ceiling and say, "That's it!  That's how we prove disability!"  It's the defining moment.  Once I see the legal logic, then I know I can make the judge see it, too.

Finally, I go over my checklist.  Did I overlook anything?  What are potential problems that may occur?  Is there a contingency plan if "this" happens or "that" happens?  If there are vocational or medical experts scheduled to testify, I want to anticipate their testimony and be prepared to answer them.  At this point I also meet again with the claimant to explain what's going to take place at the hearing.  I lay out the "road map" of the case for the claimant to see.  "Here's where we need to go and here's how we're going to get there."
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Charles W. Forsythe is a founding member of the Forsythe Firm, a Social Security disability advocacy firm in Huntsville, AL.  The firm practices solely in the field of Social Security disability and represents clients in northern Alabama and Middle Tennessee.  (We also have advocates in the Nashville and Franklin, TN. areas). There is no charge unless you win your case and are granted back pay.  Contact us at:  (256) 799-0297.  Click here to visit our web page for more information.