HUNTSVILLE, AL (9/5/18)
Only about one-third of Social Security disability claims are approved at the initial (application) level. This does not mean your claim can't be paid but there are steps you must take right away. There are time limits.
1. File an appeal. In Alabama this means filing Form HA-501 "Request for Hearing by an Administrative Law Judge." This must be filed within 60 days of the denial letter.
2. Get help. Contact an experienced disability advocate or attorney to help prepare for the hearing. Do this right away. Your representative will need time to research your case, obtain medical records and do other necessary work to be ready for the hearing.
There is no upfront cost when you appoint a representative to help you. He or she cannot charge you a fee unless your case is favorably resolved and you collect retroactive payments, also called "back pay." So, you will only pay for representation if you are successful. The fee will be a small portion of your back pay, which Social Security will withhold and pay your representative.
Most of the claims approved today are not the result of merely filing an application because most applications are mechanically denied. Most claims that eventually get approved are paid after a hearing. And in about 90 percent of those hearings the claimant is represented by an advocate or attorney.
__________
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL ME: (256) 799-0297
E-MAIL ME: forsythefirm@gmail.com
Only about one-third of Social Security disability claims are approved at the initial level. Read the denial notice you receive from Social Security carefully — it will tell you what you need to do. Generally, here are the next steps to take:
1) File an appeal right away!
If you are denied benefits at the initial level, you should appeal as soon as possible (within 60 days of the date on the denial notice). In most states, you do this by filing a special form called a Request for Reconsideration. (Some states have no Reconsideration phase. In these states, you must file a Request for Hearing before an Administrative Law Judge.)
2) Request a hearing before an Administrative Law Judge (ALJ)
In the Reconsideration phase, your claim will be reviewed a second time. If you are denied at this phase, you should file a request for an ALJ hearing.
Learn more about Social Security hearings.
3) Request review by the Appeals Council
If your claim is denied at the ALJ hearing stage, you have the right to appeal to Social Security’s Appeals Council. The Appeals Council reviews hearing decisions, and has the power to “remand” or send cases back to judges when they make mistakes. It also reverses decisions in a small share of cases. It can take about a year to get a decision from the Appeals Council.
If your claim is still denied at this level, you can file an appeal in Federal Court.
4) Get help!
You have the right to representation. Consider getting help from a Social Security disability attorney or representative — the sooner the better.
Source: www.nosscr.org/ If You’ve been Denied
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.
Thursday, September 6, 2018
WHO CAN GET A SOCIAL SECURITY DISABIILTY CHECK?
There's a lot of false information out there concerning who can get a Social Security disability check.
A person is only eligible for a Social Security disability benefit if they have worked in jobs covered by Social Security and paid into the program. Typically, a covered individual has paid into Social Security for at least 5 years within the past ten year period. Also, they must have a medical condition defined as a disability by the Social Security Administration.
Proving that your medical condition is disabling is probably the most difficult part. The following requirements must be met:
1) Your disabling condition must have lasted, or be expected to last for at least 12 consecutive months, or to end in death;
2) You must be unable to perform all of your past relevant work, defined as the jobs you have performed during the last 15 years; and
3) Depending on your age, you must be unable to adjust to any other type of work, even an unskilled sedentary job, like laundry folder, silverware wrapper or ticket taker.
If you are below age 50 and can perform any kind of full-time work, you will be denied benefits.
How does one prove disability? The law requires it to be done with objective medical evidence, which means examinations, tests, imaging or other medical investigations by qualified doctors. "Qualified doctors" usually means a Doctor of Medicine (MD) or Doctor of Osteopath (OD), but not a nurse practitioner or chiropractor. If a mental health impairment is claimed, evidence may come from a licensed psychologist but not from a counselor or therapist--unless they are working with a psychologist or psychiatrist.
You can actually spend a lot of time trying to figure out if you meet the legal requirements to get a Social Security disability benefit. Most people fall into the trap of convincing themselves that they are disabled, then believing that Social Security will also see it their way and pay them money. The real system just doesn't work that way. It is much more objective and much more demanding.
To find out if you really meet the basic rules for a disability check, it may be worth your time to talk to someone who handles Social Security cases for a living. These folks work 8 hours a day analyzing cases, appearing before judges, making arguments for claimants--and advocating for payment of benefits. They know what is required.
Find a good, experienced Social Security advocate or attorney. Make a call and find out what your chances are. If you do have a solid claim, it may not be ready to file yet. You may need certain things to be done to increase your chances of being approved. Nobody will understand this like a person who does this for a living day-in, day-out.
It's not just a question of whether you are disabled! It is also a question of how you can prove it.
person is only eligible for benefits if they have worked in jobs covered by social security and also have a medical condition that is defined as a disability by the SSA. Typically those who qualify have paid FICA taxes to the SSA for at least five to 10 years.
There are also specific citizenship and residency requirements but foreign workers can qualify for benefits under certain circumstances.
Proving your medical condition is a disability is often one of the more difficult parts of filing a social security disability claim. The SSA says that an individual must have a condition, either physical or psychological, that prevents them from working. In some cases an individual can work but they cannot earn more than a certain amount each month.
The SSA defines a disability by the following requirements:
A person is only eligible for a Social Security disability benefit if they have worked in jobs covered by Social Security and paid into the program. Typically, a covered individual has paid into Social Security for at least 5 years within the past ten year period. Also, they must have a medical condition defined as a disability by the Social Security Administration.
Proving that your medical condition is disabling is probably the most difficult part. The following requirements must be met:
1) Your disabling condition must have lasted, or be expected to last for at least 12 consecutive months, or to end in death;
2) You must be unable to perform all of your past relevant work, defined as the jobs you have performed during the last 15 years; and
3) Depending on your age, you must be unable to adjust to any other type of work, even an unskilled sedentary job, like laundry folder, silverware wrapper or ticket taker.
If you are below age 50 and can perform any kind of full-time work, you will be denied benefits.
How does one prove disability? The law requires it to be done with objective medical evidence, which means examinations, tests, imaging or other medical investigations by qualified doctors. "Qualified doctors" usually means a Doctor of Medicine (MD) or Doctor of Osteopath (OD), but not a nurse practitioner or chiropractor. If a mental health impairment is claimed, evidence may come from a licensed psychologist but not from a counselor or therapist--unless they are working with a psychologist or psychiatrist.
You can actually spend a lot of time trying to figure out if you meet the legal requirements to get a Social Security disability benefit. Most people fall into the trap of convincing themselves that they are disabled, then believing that Social Security will also see it their way and pay them money. The real system just doesn't work that way. It is much more objective and much more demanding.
To find out if you really meet the basic rules for a disability check, it may be worth your time to talk to someone who handles Social Security cases for a living. These folks work 8 hours a day analyzing cases, appearing before judges, making arguments for claimants--and advocating for payment of benefits. They know what is required.
Find a good, experienced Social Security advocate or attorney. Make a call and find out what your chances are. If you do have a solid claim, it may not be ready to file yet. You may need certain things to be done to increase your chances of being approved. Nobody will understand this like a person who does this for a living day-in, day-out.
It's not just a question of whether you are disabled! It is also a question of how you can prove it.
person is only eligible for benefits if they have worked in jobs covered by social security and also have a medical condition that is defined as a disability by the SSA. Typically those who qualify have paid FICA taxes to the SSA for at least five to 10 years.
There are also specific citizenship and residency requirements but foreign workers can qualify for benefits under certain circumstances.
Proving your medical condition is a disability is often one of the more difficult parts of filing a social security disability claim. The SSA says that an individual must have a condition, either physical or psychological, that prevents them from working. In some cases an individual can work but they cannot earn more than a certain amount each month.
The SSA defines a disability by the following requirements:
- You are no longer able to work at your most recent place of employment
- You are unable to adjust to a different line of work because of your condition
- Your disability is expected to last at least one year or is expected to result in death
Wednesday, September 5, 2018
WHEN TO GET AN ATTORNEY
Most people realize that sooner or later they will need to get an attorney or professional advocate involved in their disability claim. The question is, do you want to involve the attorney sooner or later in the process?
Most attorneys don't want to represent a claimant until there has been a denial of the application. They want you to file the application on your own, then when you get denied they will help with the appeal. There are two reasons for this attitude:
1. Attorneys don't want to invest hours of their time filling out the initial application forms, which can take anywhere from half a day to an entire day, or more. They much rather you do all the leg work.
2. If a claim happens to get approved at the initial or application level, there probably won't be an attorney's fee, so the attorney doesn't get paid. Social Security will not pay the first 5 months of an SSDI claim. So if the claimant gets approved within that first 5 months, there is no back pay, hence to attorney's fee. Once a claim goes to appeal, there is nearly always back pay to be recovered and nearly always an attorney's fee. Lawyers are like everyone else; they don't like to work for free. Can you blame them?
My firm is an exception: We will help you file the initial application and forms. The reason is very simple. We feel we give you a better chance of being approved the first time around, and if not, we lay good ground work the appeal that will be coming later. In other words, we like to work "from the ground up" in building the case. We think it makes for a stronger case.
Now the big question: Will the attorney's fee be more if you appoint the attorney early in the process? The answer is No.
Here's the reason: Attorneys do not work by the hour on Social Security cases. They can only charge you a percentage of the back pay they recover. So, if they work 2 hours on a case or 400 hours on a case, they get the same fee--exactly the same fee.
So, what's the advantage to waiting until the last minute to get representation? It gives your representative very little time to prepare. It's a big disadvantage, and there's no advantage to you.
I use the example of building a new house. A contractor tells you, "I will lay the foundation, build the walls, the roof, do the plumbing and electrical work, handle all of the interior work and finishing....put in the floors...hang the drywall, and give you a lock-and-key job. Or, I can let you do all that work and all I have to do is come hang the curtains at the end. But my fee will be the same, either way." So why would you not let this guy do all the work?
So my thought, logically, bring in professional help as soon as you can-- for the same money.
___________
The Forsythe Firm
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297
E-MAIL ME: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - WEBSITE
"REPRESENTING WITH RESPECT"
Free Consultations by Appointment
Most attorneys don't want to represent a claimant until there has been a denial of the application. They want you to file the application on your own, then when you get denied they will help with the appeal. There are two reasons for this attitude:
1. Attorneys don't want to invest hours of their time filling out the initial application forms, which can take anywhere from half a day to an entire day, or more. They much rather you do all the leg work.
2. If a claim happens to get approved at the initial or application level, there probably won't be an attorney's fee, so the attorney doesn't get paid. Social Security will not pay the first 5 months of an SSDI claim. So if the claimant gets approved within that first 5 months, there is no back pay, hence to attorney's fee. Once a claim goes to appeal, there is nearly always back pay to be recovered and nearly always an attorney's fee. Lawyers are like everyone else; they don't like to work for free. Can you blame them?
My firm is an exception: We will help you file the initial application and forms. The reason is very simple. We feel we give you a better chance of being approved the first time around, and if not, we lay good ground work the appeal that will be coming later. In other words, we like to work "from the ground up" in building the case. We think it makes for a stronger case.
Now the big question: Will the attorney's fee be more if you appoint the attorney early in the process? The answer is No.
Here's the reason: Attorneys do not work by the hour on Social Security cases. They can only charge you a percentage of the back pay they recover. So, if they work 2 hours on a case or 400 hours on a case, they get the same fee--exactly the same fee.
So, what's the advantage to waiting until the last minute to get representation? It gives your representative very little time to prepare. It's a big disadvantage, and there's no advantage to you.
I use the example of building a new house. A contractor tells you, "I will lay the foundation, build the walls, the roof, do the plumbing and electrical work, handle all of the interior work and finishing....put in the floors...hang the drywall, and give you a lock-and-key job. Or, I can let you do all that work and all I have to do is come hang the curtains at the end. But my fee will be the same, either way." So why would you not let this guy do all the work?
So my thought, logically, bring in professional help as soon as you can-- for the same money.
___________
The Forsythe Firm
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE (256) 799-0297
E-MAIL ME: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - WEBSITE
"REPRESENTING WITH RESPECT"
Free Consultations by Appointment
Sunday, September 2, 2018
SOCIAL SECURITY'S DEFINITION OF "WORK"
Social Security will only pay a disability benefit if you prove you are unable to work. But what is the definition of work?
In other words, how much work must you be able to do before you are disqualified for a disability benefit? Most people can do some work. Maybe you can clean your house once a week, mow your grass and even do a little part-time work once in a while. Do these things disqualify you?
The answer is no. Social Security's definition of work under the regulations is the ability to perform substantial gainful activity by working 8 hours per day, 5 days per week, or an equivalent schedule. So, it's the ability to do full-time work on a "regular and continual basis" that is in question. The ability to work part-time (earning less than $1,180 per month)--or the ability to work full time occasionally--does not mean that you aren't disabled.
We have to look at your medical conditions and how they interfere with your ability to work activities to judge whether you have a strong case. The following scenarios are examples of persons who may be found disabled:
* Mary has episodes of severe migraine headaches that require her to go to bed and take medication. The headaches only occur 4 or 5 times per month but generally last all day. She would be off work at least 4 days per month due to this medically documented condition. Mary is not able to work on a regular and continual basis and would be absent too much to hold a full-time job. She certainly could be found disabled on the basis of chronic, severe migraines.
*Jeff has severe uncontrolled diabetes and other endocrine conditions that cause severe, chronic fatigue. He has enough energy in the morning to start a job and work a few hours. However, he needs an extended rest period around noon where he can lie down for an hour to an hour-and-a-half. Often, he is so fatigued after working 4 or 5 hours that he just can't continue. Jeff may be found disabled because he cannot persist for 8 hours per day on a regular basis. Of course, the medical records must thoroughly document the uncontrolled diabetes and accompanying fatigue.
A Social Security lawyer or advocate can review your medical records and tell whether a case can be crafted which meets federal regulations for disability. It isn't enough to say, "I know I can't work a full-time job, therefore, I am disabled." It depends on whether the medical records will prove this. Social Security hearings are like any other court proceeding. It's not what you say, it's what you can prove.
Call the Forsythe Firm for a free evaluation of your case. If we agree to represent you, we ask for no money up front. If your claim is successful and you collect back pay, Social Security will withhold and pay the fee we have agreed upon. If you are not successful, you will owe us nothing.
___________
The Forsythe Firm
"The Social Security People"
7027 Old Madison Pike - Suite 109
Huntsville, AL 35806
Call Us: (256) 799-0297
E-mail us: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE WEBSITE
*The Forsythe Firm is not affiliated with the US Government or the Social Security Administration.
In other words, how much work must you be able to do before you are disqualified for a disability benefit? Most people can do some work. Maybe you can clean your house once a week, mow your grass and even do a little part-time work once in a while. Do these things disqualify you?
The answer is no. Social Security's definition of work under the regulations is the ability to perform substantial gainful activity by working 8 hours per day, 5 days per week, or an equivalent schedule. So, it's the ability to do full-time work on a "regular and continual basis" that is in question. The ability to work part-time (earning less than $1,180 per month)--or the ability to work full time occasionally--does not mean that you aren't disabled.
We have to look at your medical conditions and how they interfere with your ability to work activities to judge whether you have a strong case. The following scenarios are examples of persons who may be found disabled:
* Mary has episodes of severe migraine headaches that require her to go to bed and take medication. The headaches only occur 4 or 5 times per month but generally last all day. She would be off work at least 4 days per month due to this medically documented condition. Mary is not able to work on a regular and continual basis and would be absent too much to hold a full-time job. She certainly could be found disabled on the basis of chronic, severe migraines.
*Jeff has severe uncontrolled diabetes and other endocrine conditions that cause severe, chronic fatigue. He has enough energy in the morning to start a job and work a few hours. However, he needs an extended rest period around noon where he can lie down for an hour to an hour-and-a-half. Often, he is so fatigued after working 4 or 5 hours that he just can't continue. Jeff may be found disabled because he cannot persist for 8 hours per day on a regular basis. Of course, the medical records must thoroughly document the uncontrolled diabetes and accompanying fatigue.
A Social Security lawyer or advocate can review your medical records and tell whether a case can be crafted which meets federal regulations for disability. It isn't enough to say, "I know I can't work a full-time job, therefore, I am disabled." It depends on whether the medical records will prove this. Social Security hearings are like any other court proceeding. It's not what you say, it's what you can prove.
Call the Forsythe Firm for a free evaluation of your case. If we agree to represent you, we ask for no money up front. If your claim is successful and you collect back pay, Social Security will withhold and pay the fee we have agreed upon. If you are not successful, you will owe us nothing.
___________
The Forsythe Firm
"The Social Security People"
7027 Old Madison Pike - Suite 109
Huntsville, AL 35806
Call Us: (256) 799-0297
E-mail us: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE WEBSITE
*The Forsythe Firm is not affiliated with the US Government or the Social Security Administration.
SHOULD YOU APPLY FOR UNEMPLOYMENT BENEFITS?
You have become disabled and are waiting on a pending Social Security claim, which can take months or years to be decided. Should you apply for unemployment benefits with the state?
Unemployment benefits are designed for workers who are able to work, available for work and looking for work. Most of the people receiving unemployment benefits were laid off due to one reason or another. Unemployment is intended to help you until you find another job.
If you are unable to work (disabled), you will probably not qualify for unemployment benefits because you are no longer in the workforce--that is, you are no longer an available worker who can be hired.
How does unemployment effect Social Security disability? There is no law that specifically prohibits a Social Security disability benefit because the claimant received unemployment benefits. However, some judges look at unemployment as a sign that the claimant really was not disabled. "If you received unemployment benefits, you had to tell the state that you were able to work, available for work, and looking for work," some judges will say. "Now, you're telling me just the opposite--that you were not able to work. So, which is it?" In short, unemployment benefits can hurt your credibility with Social Security.
I will add that some judges make more of an issue out of unemployment than others do. But some judges simply will not allow a disability benefit for the same period that a person received unemployment benefits. And since you don't know which judge will hear your case, why take the chance?
In short, getting unemployment benefits can hurt your Social Security disability claim; it never helps it.
______________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"The Social Security People"
PHONE (256) 799-0297
E-Mail Us: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - OUR WEBSITE
Unemployment benefits are designed for workers who are able to work, available for work and looking for work. Most of the people receiving unemployment benefits were laid off due to one reason or another. Unemployment is intended to help you until you find another job.
If you are unable to work (disabled), you will probably not qualify for unemployment benefits because you are no longer in the workforce--that is, you are no longer an available worker who can be hired.
How does unemployment effect Social Security disability? There is no law that specifically prohibits a Social Security disability benefit because the claimant received unemployment benefits. However, some judges look at unemployment as a sign that the claimant really was not disabled. "If you received unemployment benefits, you had to tell the state that you were able to work, available for work, and looking for work," some judges will say. "Now, you're telling me just the opposite--that you were not able to work. So, which is it?" In short, unemployment benefits can hurt your credibility with Social Security.
I will add that some judges make more of an issue out of unemployment than others do. But some judges simply will not allow a disability benefit for the same period that a person received unemployment benefits. And since you don't know which judge will hear your case, why take the chance?
In short, getting unemployment benefits can hurt your Social Security disability claim; it never helps it.
______________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"The Social Security People"
PHONE (256) 799-0297
E-Mail Us: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE - OUR WEBSITE
Saturday, September 1, 2018
CLAIMS PROCESS DOESN'T MAKE SENSE TO MOST PEOPLE
The Social Security disability claims process doesn't make sense to many claimants. They don't understand why there are a hundred pages of forms to be completed. They don't see why it takes 4 to 6 months to get a decision. Most people really don't know about the complex set of rules and federal regulations that govern who can get disability benefits and who can't.
On top of that, most people have heard stories from friends, relatives or neighbors that contradict their own experience with Social Security.
The truth is, everything in the disability process is done for rhyme and reason. Everything has a purpose. An attorney experienced in dealing with Social Security knows exactly how each part of the system works, and what to expect. Your lawyer sees the system from the inside. The claimant, on the other hand, stands outside looking in--and you get only a brief, casual view of the process.
Let me give you an example or two of why Social Security does certain things:
1. Why does Social Security want so much information about jobs you've done in the past?
Answer: This will be used at Step 4 of the sequential decision-making process. If you are found able to perform any one of your past relevant jobs, you will probably not qualify for any disability benefit. So, Social Security needs to know about your past jobs in great detail. It is to your advantage to explain your past work in great detail. However, I usually find that claimants either don't explain their past work at all or they skip over the Work History Report, leaving most of the questions blank. This hurts the claim and often prevents it from being approved. If I help you file a claim, we will spend a lot of time getting the Work History Report right!
2. Why does Social Security ask me so many questions about my daily activities: Do I cook, drive, take care of pets, handle my own finances, or do I have hobbies, etc.?
Answer: Social Security is getting a picture of how robust or limited your daily activities are, what you are able to do on your own and what you need help with. They will use this to help decide if you are able to work some kind of job or not. A person who is very independent in activities of daily living may be thought capable of doing some kind of work that exists in the national economy. If so, that person is not legally disabled according to Social Security law. That's why I cringe when I read a Function Report that gives little or no detail about the claimant's struggles to perform routine, daily activities. Often I see questions checked simply "Yes" or "No" with absolutely no details given. This, also, fails to help your claim.
3. My attorney has my medical records. Why does she bother my doctor about filling out additional complicated forms? Aren't medical records enough?
Answer: Medical records may not be enough to get you approved. Medical records talk about your complaints, what illness or condition the doctor has diagnosed, and what treatments have been tried. They do not address vocational issues or how your illness affects your ability to perform specific work related activities. Medical records almost never say how long you can sit, stand, or walk or how much you can lift on a repeated basis. They do not tell us if you would have problems with reaching, handling, stooping, kneeling, crouching or crawling. And these are the very things Social Security will use to decide if you can work. So, we want to get a Medical Source Statement from your doctor to tell us what your exact functional limitations are.
4. OK, got it. My doctor doesn't like the 6-page forms that attorneys use. My doctor says she will just give me a letter that says I am disabled and not able to work. Won't that be just as good as the long, troublesome form?
Answer: No, it won't. Doctors are not permitted to say who is disabled and who is not. By law, that decision is reserved to the Commissioner of Social Security. What we need from the doctor is an opinion about each of your limitations of function: sitting, standing, walking, stooping, crouching, crawling, lifting, etc. Our forms ask all the right questions, so your doctor can give specific answers. Letters never do that. Letters always leave out important detail that we might use to get your case approved.
Trust your attorney or advocate to know what to do. He or she has seen hundreds (maybe thousands) of disability cases and knows exactly what it takes to get approved. If this is your first or second time around the block, you can't be expected to know how everything works. That's why the services of a seasoned disability attorney or advocate are so important.
You can afford representation because you won't be charged any money until you win your case and Social Security pays you back pay. Then, the pre-arranged attorney's fee will be deducted from your past due payment and paid. If you do not collect past due money from Social Security, you do not owe an attorney's fee. So, consultations are free and you pay only if you win, and only if you collect past due benefits from the government. The attorney's fee, by the way, comes only from a portion of your past due benefit. You always keep 100 percent of your monthly disability benefits.
________
Charles W. Forsythe
Practice Limited to Social Security Disability
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
E-mail us: forsythefirm@gmail.com
VISIT THE FORSYTHE FIRM ON THE WEB
On top of that, most people have heard stories from friends, relatives or neighbors that contradict their own experience with Social Security.
The truth is, everything in the disability process is done for rhyme and reason. Everything has a purpose. An attorney experienced in dealing with Social Security knows exactly how each part of the system works, and what to expect. Your lawyer sees the system from the inside. The claimant, on the other hand, stands outside looking in--and you get only a brief, casual view of the process.
Let me give you an example or two of why Social Security does certain things:
1. Why does Social Security want so much information about jobs you've done in the past?
Answer: This will be used at Step 4 of the sequential decision-making process. If you are found able to perform any one of your past relevant jobs, you will probably not qualify for any disability benefit. So, Social Security needs to know about your past jobs in great detail. It is to your advantage to explain your past work in great detail. However, I usually find that claimants either don't explain their past work at all or they skip over the Work History Report, leaving most of the questions blank. This hurts the claim and often prevents it from being approved. If I help you file a claim, we will spend a lot of time getting the Work History Report right!
2. Why does Social Security ask me so many questions about my daily activities: Do I cook, drive, take care of pets, handle my own finances, or do I have hobbies, etc.?
Answer: Social Security is getting a picture of how robust or limited your daily activities are, what you are able to do on your own and what you need help with. They will use this to help decide if you are able to work some kind of job or not. A person who is very independent in activities of daily living may be thought capable of doing some kind of work that exists in the national economy. If so, that person is not legally disabled according to Social Security law. That's why I cringe when I read a Function Report that gives little or no detail about the claimant's struggles to perform routine, daily activities. Often I see questions checked simply "Yes" or "No" with absolutely no details given. This, also, fails to help your claim.
3. My attorney has my medical records. Why does she bother my doctor about filling out additional complicated forms? Aren't medical records enough?
Answer: Medical records may not be enough to get you approved. Medical records talk about your complaints, what illness or condition the doctor has diagnosed, and what treatments have been tried. They do not address vocational issues or how your illness affects your ability to perform specific work related activities. Medical records almost never say how long you can sit, stand, or walk or how much you can lift on a repeated basis. They do not tell us if you would have problems with reaching, handling, stooping, kneeling, crouching or crawling. And these are the very things Social Security will use to decide if you can work. So, we want to get a Medical Source Statement from your doctor to tell us what your exact functional limitations are.
4. OK, got it. My doctor doesn't like the 6-page forms that attorneys use. My doctor says she will just give me a letter that says I am disabled and not able to work. Won't that be just as good as the long, troublesome form?
Answer: No, it won't. Doctors are not permitted to say who is disabled and who is not. By law, that decision is reserved to the Commissioner of Social Security. What we need from the doctor is an opinion about each of your limitations of function: sitting, standing, walking, stooping, crouching, crawling, lifting, etc. Our forms ask all the right questions, so your doctor can give specific answers. Letters never do that. Letters always leave out important detail that we might use to get your case approved.
Trust your attorney or advocate to know what to do. He or she has seen hundreds (maybe thousands) of disability cases and knows exactly what it takes to get approved. If this is your first or second time around the block, you can't be expected to know how everything works. That's why the services of a seasoned disability attorney or advocate are so important.
You can afford representation because you won't be charged any money until you win your case and Social Security pays you back pay. Then, the pre-arranged attorney's fee will be deducted from your past due payment and paid. If you do not collect past due money from Social Security, you do not owe an attorney's fee. So, consultations are free and you pay only if you win, and only if you collect past due benefits from the government. The attorney's fee, by the way, comes only from a portion of your past due benefit. You always keep 100 percent of your monthly disability benefits.
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Charles W. Forsythe
Practice Limited to Social Security Disability
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
E-mail us: forsythefirm@gmail.com
VISIT THE FORSYTHE FIRM ON THE WEB
Thursday, August 30, 2018
DISABLED CLAIMANT RECEIVES $91,000 CHECK
DISABLED WOMAN RECEIVES A $91,000 CHECK PLUS MONTHLY BENEFITS, THANKS TO DILIGENT WORK BY THE FORSYTHE FIRM!
This disabled individual had been battling with Social Security for years, trying to receive benefits. She had been denied twice and was currently bogged down in red tape, waiting on another hearing when she came to the Forsythe Firm.
One of our partners represented this individual and took the case before a federal administrative law judge. After working for months to put together what we thought would be a winning case, we were not only able to get the current claim approved but the judge reopened the old case and paid it, too.
"It's especially gratifying to see this happen for someone who is so deserving and who has waited so long for justice," said a member of the Huntsville firm who represented the claimant. "Just imagine the tremendous difference this will make in this person's life!"
This disabled individual had been battling with Social Security for years, trying to receive benefits. She had been denied twice and was currently bogged down in red tape, waiting on another hearing when she came to the Forsythe Firm.
One of our partners represented this individual and took the case before a federal administrative law judge. After working for months to put together what we thought would be a winning case, we were not only able to get the current claim approved but the judge reopened the old case and paid it, too.
"It's especially gratifying to see this happen for someone who is so deserving and who has waited so long for justice," said a member of the Huntsville firm who represented the claimant. "Just imagine the tremendous difference this will make in this person's life!"
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