Getting Social Security disability (SSDI) has become increasingly harder since 2012. The rules make it easy to be denied and difficult to be approved. This is why 90 percent of individuals seeking SSDI benefits turn to firms like the Forsythe Firm for help.
We begin with a telephone conversation to get basic information and an understanding of your situation.
Usually, we will set up an in person office consultation at your convenience. Here, any necessary forms can be completed.
We can file your application and begin the process for you.
Our advocates will help build your case and get medical evidence required for a successful outcome.
If you are denied, we will file your appeal and continue to build the case. On the date of the hearing, your advocate will attend the hearing with you, as your representative, to explain to the judge why you qualify for SSDI benefits.
Best of all, we will never ask you for money. No fee is ever payable to us unless you win your case and collect back pay. In the event a fee is earned, Social Security will pay us directly. If you do not collect back pay, there will be no fee for any service we have performed.
Getting started is as easy as calling our number.
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
Social Security is still taking applications for disability benefits, in spite of limitations imposed by the COVID-19 virus.
All Social Security offices are closed at this time; however, you may file a new application at www.socialsecurity.gov.
Alternatively, you may get a disability lawyer or registered advocate to assist you in filing a new application.
SHOULD YOU WAIT UNTIL THE OFFICE REOPEN TO FILE?
Any delay in filing your application will potentially cost you money. It is unknown how long the Social Security offices will be closed--but perhaps for months.
It is advisable to file now, using the internet, or by going through a disability attorney. Back pay is tied to the date the application is filed.
WILL AN APPEAL BE REQUIRED?
Appeals are required on about three-fourths of disability claims. You will want an experienced attorney to help with the appeal and hearing. There is no charge for this help until after you win and collect your back pay.
WHAT ARE DOES THE FORSYTHE FIRM SERVE?
The Forsythe Firm serves Alabama and Tennessee. Wherever you are in those states, we invite you to contact us for a free case evaluation at no obligation.
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
Since 2014, the Social Security Administration has expedited disability applications for veterans who have 100 percent, permanent and total disability directly related to military service. This means that claimants can often get a decision on their claim or appeal much sooner.
A disabled veteran may be able to file for Social Security disability while he or she is still getting full military pay. Social Security's policy is stated below:
"Active duty status and receipt of military pay does not, in itself,
necessarily prevent payment of Social Security
disability benefits. Receipt of military payments should
never stop you from applying for disability benefits
from Social Security. If you are receiving treatment at a
military medical facility and working in a designated
therapy program or on limited duty, we will evaluate your
work activity to determine your eligibility for benefits.
You cannot receive Social Security disability benefits if you engage in substantial work for pay or profit. However,
the actual work activity is the controlling factor and not the amount of pay you receive or your military duty
status"
The Forsythe Firm works with many disabled veterans each year to navigate the complex application and appeals process with Social Security. We are proud to have an excellent success rate.
We are also proud to offer our services without any upfront cost. If we represent a claimant (veteran or otherwise), we never ask for any money upfront. If the case is successful, and if back payments are awarded, Social Security will deduct our approved fee and pay us directly. We never ask the claimant for money, and the claimant never owes us money unless their claim is successful.
I should point out that SSDI benefits are in addition to any benefits awarded by the military or Veterans Administration. The two programs are entirely separate and one does not interfere or reduce the other.
What Are the Requirements to Get SSDI Benefits?
- You must have an impairment that has lasted or is expected to last at least 12 straight months--called the "duration requirement."
- You must be medically unable to perform any substantial work due to a medical condition or conditions, and this must be supported by evidence.
Usually, an appeal process is required before you can get SSDI benefits. Veterans are often denied, then paid on appeal--especially at the hearing level.
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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
CHECK OUT OUR WEB PAGE
I spend my days (and some nights) helping individuals get Social Security Disability Insurance (SSDI) benefits. I want to help you understand what's involved in getting a benefit and what to expect from the process.
The first step is to file an application. This complicated process can be done by the claimant or by a representative, such as myself. Once the forms and questionnaires have all be sent in, it takes 4 or 5 months to get a decision. Up to 80 percent of decisions will be denials. The reason is usually: "You are not disabled according to our rules." Social Security has the strictest definition of "disability" of anyone. It is simply hard to meet their definition, so most applicants get denied. So, this completes the first step.
The first appeal is the next step. You must appeal within 60 days of denial. This first appeal is called "Reconsideration." In my experience, it is a waste of time but it is required. Your appeal goes back to the same state agency that denied your claim in the first place. The same agency, but a different person, will "reconsider" their decision. In over 90 percent of cases, they will deny again--so, usually a waste of time. But it sets up the next appeal.
The second appeal is a hearing before an Administrative Law Judge (ALJ). This is where you have some reasonable chance of getting approved and paid. The ALJ will hear your testimony, listen to the arguments of your attorney/representative, and review all the evidence (including new evidence). He or she will render a new decision within 3 months of the hearing. This is the best chance in the entire process of being approved.
If the hearing decision is not favorable, there are other appeals available which I will not discuss here.
I want you to understand that denials are very common (almost expected) at the first two levels. The second appeal is your best bet. Each appeal only allows you 60 days to file and you cannot miss this deadline. You would not believe how many cases get dismissed because the appeal was filed a few days late. That requires you to start all over with a new application. Don't miss the 60 day deadline!
I have some other postings dealing with appeals, benefits and the hearing process. Hopefully, these will help with information about the Social Security disability programs and processes.
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If you look at your pay stub you will see a deduction for FICA. This stands for Federal Insurance Contribution Act. It's the federal law that requires payroll deductions for Social Security and Medicare taxes.
You pay approximately 7.5% of each dollar you earn to this tax. Your employer matches it. These taxes are sent to the government quarterly. They pay for the massive Social Security and Medicare programs.
What is this important to you? Because, if you haven't worked long enough and paid FICA long enough, you don't have any coverage for Social Security disability. In other words, you may become disabled but not be able to get any benefits because you haven't paid enough FICA tax into Social Security.
No money in, no money out.
Also, the amount of your monthly disability benefit is calculated by the amount of your wages and the amount of FICA tax you have paid over your working lifetime. The higher your wages, the more FICA tax you paid, the higher your benefit will be. In 2019, the average SSDI benefit is about $1,235 per month but the maximum is $2,861 for higher wage earners (non-blind).
We often run into problems when an individual hasn't worked enough, or recently enough to have SSDI coverage. For most people, they need to have worked about 5 years out of the most recent 10-year period to be covered for Social Security Disability Insurance (SSDI). In other words, SSDI coverage can expire if you stop working for a few years.
As a rule of thumb, if you haven't worked in about 5 years, your SSDI (disability) coverage has probably expired. Each worker has a Date Last Insured (DLI) which is the date his/her Social Security disability coverage expires. It is important that you think of SSDI as "insurance," because that's exactly what it is.
What happens when you don't pay your insurance premium? Your coverage expires. And you can't file a new claim on an expired policy.
So, there are two important considerations when trying to get a Social Security disability (SSDI) benefit:
1. Are you disabled according to Social Security's rules?
2. Have you worked enough, and recently enough, to be covered by SSDI? (At least 5 years out of the past 10)?
Finding out your Date Last Insured is simple. Call the local Social Security office and ask what your DLI is. The Huntsville, AL office number is 1-866-593-0663 (option 0).
What if your DLI is in the past and your SSDI coverage has expired? Can you still file a new claim? Maybe, but you will have to prove that your disability began before the DLI. And you can usually file only ONE disability claim after the DLI has expired, so you get one chance.
I use the illustration of my car insurance. Let's say my automobile insurance is with the XYZ Insurance Co. and I forgot to pay my premium. My insurance at XYZ expired on February 1, 2019. If I had an accident before February 1, 2019 it would be covered. But an accident occurring after February 1, 2019 would not be covered (expired policy). Social Security works much the same way.
One final footnote: There is a totally separate program called SSI. This stands for "Supplemental Security Income," which does not require any work or any FICA tax to be paid. SSI has no expiration date, since you don't pay into it. It does have income/resource restrictions to qualify. So, even if your SSDI coverage has expired, it may be possible to file for Supplemental Security Income or SSI, if your household income is low enough and you meet all the other requirements. This is also a question for your local Social Security office.
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297
SEND US AN EMAIL: forsythefirm@gmail.com
CHECK OUT OUR WEBSITE
"Representing with Respect"
Your doctor can be of great value in getting disability benefits approved. However, many doctors just won't get involved. The basic reasons, I think are: they are busy, their time is limited and valuable and there is nothing in it for the doctor.
Another problem is getting to the doctor. Doctors have staff that are trained to keep patients away from the doctor except during paying medical appointments. That's why you can't just walk in and talk to your doctor or get him on the phone. So, you may not be able to get past the receptionist or front office staff to present forms to your doctor. You might solve this problem by approaching your doctor during a regular, scheduled medical appointment.
What Do You Need from Your Doctor?
You need a form called a "Medical Source Statement" (MSS), sometimes called a Residual Functional Capacity (RFC) form.
This form lists your maximum functional capacity: how long you can sit, stand, walk. Maximum weight you can lift; what your limits are for reaching, handling, grasping, kneeling, bending, kneeling, crawling, etc.
Does the MSS Form Require a Special Examination?
No. You want an estimate of function based on your doctor's history with you, not a special set of measurements. You do not want your doctor to refer you to a rehabilitation specialist or other doctor to get tested, as this defeats the purpose of getting the information from your treating doctor.
Will a Letter From My Doctor Do Just as Well?
No. First, I have never seen a doctor's letter that wasn't far to general and vague. It isn't enough for a doctor to say you can't work. It isn't sufficient to say that you can't sit or stand very long. We need to know how long you can sit or stand: an hour, half an hour, less than half an hour? Second, doctors usually will not know the language that Social Security wants. For example, Social Security has specific definitions in their regulations for words like rarely, occasionally, frequently, etc.
Can My Doctor Decide If I Qualify for SSDI or SSI Benefits?
No. That decision belongs to Social Security. But your doctor may provide detailed evidence to help Social Security reach a favorable decision, based on the medical data in your file, including his or her opinions concerning how much work-related activity you can do.
Are Medical Records Enough?
We always get medical records, of course. Often, we like to have more than the routine medical records--which simply do not detail the patient's functional abilities. Medical records will not state how long a patient can sit, stand, walk or how much he/she can lift, for example. Routine records will not tell us, for example, that the patient will need to sit down or lie down 3 times during an 8-hour workday. This specific type of information comes from the Medical Source Statement or Residual Functional Capacity forms.
Which Doctor is Best for Providing an MSS/RFC?
- It should be a treating doctor you have seen for a while.
- A specialist is more helpful in some cases
- The longer you have been treated by the doctor, the more influence his or her MSS/RFC will have.
- The form must be signed by a Medical Doctor (MD), a licensed Physician's Assistant (PA), or in the case of mental impairments by a licensed Psychologist (Ph.D, Psy.D). A licensed Optometrist may testify about diseases of the eye or vision; a licensed Podiatrist can testify about problems with the feet or ankles (only).
- Social Security will not recognize a statement from a chiropractor, nurse practitioner, licensed counselor (LPC), diet or nutrition expert, or most other practitioners.
Where Do I Get the Form Required?
The best place to get RFC/MSS forms is from your attorney. Most doctors do not keep these forms at their office. The claimant will need to obtain the form and take it to the doctor, or the attorney/representative can send to the doctor's office. Once the form has been completed by the medical professional, you should return it to your attorney/representative. Be sure to keep a copy for yourself.
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THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297
Email Us: forsythefirm@gmail.com
CHECK US OUT
When an adult claimant is approved for Social Security disability (SSDI) benefits, he or she is called the "primary beneficiary." However, there may be auxiliary beneficiaries, such as dependent children of the claimant.
Children who are dependent on the primary beneficiary may also receive a cash benefit as long as they are:
Age 18 or below, OR
Age 19 or below and have not completed high school
Social Security will terminate dependent children's benefits at age 19 or upon graduation from high school, whichever occurs first.
Can dependent children also be eligible for back payments? Yes. Dependents will usually qualify for back payments during the same period as the primary beneficiary. For example, If Ms. Joan Claimant receives benefits back to 6/1/17, her dependents could receive back payments for that same period.
The maximum that all dependents can receive is usually 50 percent of the amount the primary beneficiary (claimant) receives. This is called the "family maximum." Dependent's benefits would be divided among all eligible dependents on the claim.
Whenever we file a new claim or appeal a denied SSDI claim, we always look for ways to include eligible dependents.
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The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US (256) 799-0297
Send Us An E-Mail: forsythefirm@gmail.com
CHECK OUT OUR WEBSITE
