SOCIAL SECURITY JUSTICE (256) 799-0297

In most cases, Social Security tries to be fair and do the right thing.  However, it's a large federal government agency, it is understaffed, overworked and bogged down with thousands of rules and regulations.

You may need some help getting Justice from the Social Security system--especially if you're applying for a disability benefit.

The problem is, Social Security has a lot of discretion on disability claims.  There are hundreds of ways they decide that you are not eligible for benefits.  Mainly, denials involve failing to prove a disabling condition to their satisfaction.

Here's what you must prove to get a disability check:

1)  You have a severe medically determinable impairment (MDI).

2.  You have had this impairment for at least 12 consecutive months OR can reasonably expect to have the impairment for 12 consecutive months.  (Shorter term impairments are not covered). 

3.  Your impairment makes it impossible for you to perform your past jobs AND any other jobs which exists in the US economy in significant numbers. 

For example, let's say that David, our claimant, worked as a roofer for 15 years.  He is 46 years old. The Dictionary of Occupational Titles (DOT) classifies a roofer as Medium exertion work.  This means that David had to stand or walk at least 6 hours out of an 8 hour day, and had to frequently lift 25 pounds and occasionally lift up to 50 pounds.  He also had to climb, kneel, crouch, stoop and balance.  David has developed a bulging disc in his back and can no longer perform this work.  He can't climb, stand, walk, stoop, crawl or lift--all of which were required in the roofing job.

Social Security finds that David can no longer sustain the job demands of roofer.  However, they find that he can do easier work that does not require heavy lifting, frequent stooping,climbing or prolonged standing/walking.  They offer the following examples of jobs David may still perform: (1)  food and beverage order clerk (2) sorter-inspector, and (3) bench assembly - small products.

Since David can still perform some types of work, he will be denied.  David could argue that he can't find one of the new jobs that Social Security describes, that nobody is hiring for those jobs, that he doesn't want to do those kinds of work or that none of those jobs exist in David's state.  However, those arguments will do not good.

How can David fix his Social Security denial?  He will need to appeal within 60 days (strict deadline) and ask for a hearing before a US Administrative Law Judge (ALJ).  At the hearing, David will need to provide additional medical evidence if it is available.  He will also need to challenge Social Security's assumption that he can perform other types of work 8 hours a day, 5 days a week, regularly and consistently.

For example, David may have back or leg pain that makes it impossible for him to sit for prolonged periods.  Because of his bulging lumbar discs, he may not be able to stoop.  Occasional stooping is required in nearly all types of work.  Also, David may be absent a few days a month due to pain or medical treatment, such as continuing physical therapy.  The case must be made at the hearing that David is also unable to sustain any type of full time work which exists in the US economy.

To prevail, David needs good objective medical evidence.  He will need X-rays or an MRI showing his bulging disc.  He will need to show medical treatment that attempted to relieve his back pain--but failed.  Also, he will need to question the vocational expert that Social Security will bring to his hearing.  Questions to the vocational expert must be put forth using "vocational terms" that are specific and according to Social Security's rules.  In short, the judge must be convinced that David cannot be a roofer--and that he is also not physically able to be a full time food and beverage order clerk, sorter-inspector, small products assembler or a parking garage attendant.

So, you can see that the burden of proof for David is very high and very difficult.  Unless David knows Social Security regulations, knows how vocational testimony must be framed, and understands the specific burden of proof under which he labors, he will have a very difficult time winning his case.  David needs an experienced Social Security disability lawyer or advocate who attends these hearings every day and knows the process, procedures and rules thoroughly.  This will not guarantee David a victory; however, it greatly increases his odds.

My firm has handled thousands of disability hearings.  We only earn a fee if the claimant wins and recovers back pay.  David would have nothing to lose by hiring up to represent him at the hearing.  He might have a lifetime income to gain.

 

ATHENS DISABILITY ADVOCATE SUCCESSFUL IN SOCIAL SECURITY CASES

(ATHENS, AL / 10/10/17) --  Charles W. Forsythe of the Forsythe Firm has been successful in helping disabled individuals get Social Security benefits for more than 10 years.  Having handled over a thousand cases, Forsythe has won disability benefits for such diverse impairments as musculoskeletal disease, heart problems, fibroymalgia, Lyme Disease, depression, PTSD and many other impairments.

Forsythe represents claimants from Athens to Montgomey and from Ardmore to Nashville.  In fact, he has represented clients in Georgia, Mississippi, Texas and Kentucy--as well as in Alabama and Tennessee.  He has become one of the most sought after disability advocates in the state. 

His office looks out over the upscale Bridge Street district in Huntsville.  When not traveling to hearings, Forsythe meets with prospective clients, helps complete paperwork, writes legal briefs and answers questions from prospective clients who call on the phone.  

"I get paid only for success," Forsythe says.  "If I don't bring home the bacon, I don't earn a dime."  He refers to the fact that he cannot charge a fee unless he wins a case and only then if he is able to obtain a past due benefit settlement for his client.  "Losing doesn't pay anything," he says.  His favorite quote is:  "Winning isn't everything - but losing isn't anything."

We asked Forsythe if he is selective about the type of cases he accepts.  "Careful" would be a better word, he chides.  "We will take a case if we feel we can add value to it," he added.  

The Forsythe Firm offers free case evaluations and free initial consultations.  However, appointments are essential.

Mr. Forsythe can be contacted at (256) 799-0297.  His website link is below.

Forsythe Firm: Social Security Justice - WEBSITE 

"AM I LEGALLY DISABLED..."?

You are legally disabled and entitled to a monthly disability benefit if you have a medical condition that makes you unable to perform any full-time job that exists in the national economy - and this condition has lasted for 12 consecutive months-- or is expected to last that long.

Your medical condition may be physical or mental, or a combination of the two.  You will need good objective medical evidence to prove your case.

Even with good evidence, Social Security will deny 7 out of 10 applications.  Many of these claims can be won by waging an effective appeal, which will include attending a hearing.

One thing that can help your odds of winning is to get a Medical Source Statement from your doctor.  This is a form that lists specific limitations in your ability to perform work activities, such as walking, standing, lifting, bending, etc.  Social Security will not usually obtain this for you; it's up to your or your attorney/representative to get it.  I will say that a letter from your doctor is not nearly as good as a Medical Source Statement form.

The federal regulations make it very clear about what qualifies as a legal disability.  In order to get benefits, you must show that you meet the legal definition of disability according to the Social Security Act and the 20 Code of Federal Regulations.  This can be a difficult chore, even for persons who have legitimate disabilities.  The Forsythe Firm specializes in helping our clients prove their disability claims and obtain the benefits they deserve.

 

 

FIND A TOP PERFORMING DISABILITY ADVOCATE IN ATHENS

Looking for a top-rated Social Security disability representative in north Alabama or middle Tennessee?  Consider

THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike NW
Huntsville, AL 35806
PHONE (256) 799-0297

CHARACTERISTICS OF THIS FIRM

• Approved for Direct Payment of Fees by the Social Security Administration 
• Free case evaluations and initial consultations
• Free telephone consultations
• Contingency Fee Process:  Never pay a fee until you get a favorable decision 
• Experience:  Thousands of SSDI cases handled at the initial and federal appeal level
• States Served:  Alabama, Tennessee, Mississippi, Georgia
• Full service advocacy firm - handling initial applications and appeals/hearings
• Complete Social Security advocacy under one roof
• Track Record:  Well above the national and state averages for approved cases
• Veteran friendly and experienced - handling Social Security claims for veterans

DISABLED VETERANS: ADD $2687 PER MONTH TO YOUR RETIREMENT PACKAGE

ATTENTION RECENTLY DISABLED VETERANS - Don't leave up to $2,687 per month on the table.

Social Security is paying disabled veterans--and this is in addition to your VA benefits.

Many disabled veterans are leaving valuable cash benefits on the table because they don't know about Social Security disability, don't know how to qualify, or have been recently denied and didn't appeal.  Some veterans may not be aware that Social Security benefits do not interfere with or reduce VA benefits.  SSDI is in addition to VA benefits.

The Forsythe Firm is veteran experienced and veteran friendly.  If you are about to leave any branch of the Armed Forces due to a medical or psychological impairment (whether service related or not) - please contact us for important information about getting SSDI benefits.

The Forsythe Firm is not affiliated with Social Security or the US government.  We work for you.  And we will never charge for our services until you win your Social Security disability claim and receive past due payments.

Call for a free case evaluation or telephone consultation.  (256) 799-0297.

Office Locations:
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
Phone (256) 799-0297

725 Cool Springs Blvd.
Suite 600
Franklin, TN 37067 

FIBROMYALGIA

If you search for fibromyalgia before 1981 you won't find it.  1981 is when Dr. Muhammad Yunus defined the disease and named it.  For years, it was considered by doctors to be a bogus disease.  Now, we know better.

Fibromyalgia is an incurable disease resulting in overactive nerve tissues.  It causes chronic pain in the muscles, joints and tendons along with fatigue and sleeplessness and often is associated with depression or anxiety.  Most patients describe a "brain fog" which makes concentration difficult.

If you suffer from fibromyalgia and need to file a Social Security disability claim, I want to share some things that may help you.

First, Social Security requires that fibromyalgia be diagnosed using the diagnostic criteria of the American College of Rheumatology, using either the 1990 rules or the 2010 rules. The best trained doctor to diagnose and evaluate fibromyalgia is a rheumatologist.  A rheumatologist will be given more weight than a family doctor when your case comes before Social Security.  There are many medical conditions that mimic the symptoms of fibromyalgia.  Your doctor must rule out these other diseases in order to make a definite diagnosis.  You must convince Social Security that you have a "medically determinable impairment" or MDI.  Only your doctor can do this.

Second, you must prove that fibromyalgia symptoms interfere with your ability to perform basic work related activities.  Try to get the rheumatologist to provide you with a written "residual functional capacity" (RFC).  Simply defined, this is a statement about the maximum that you can do when it comes to functions like sitting, standing, walking, bending, lifting, etc.*  There is a neat form that Social Security likes to use for this.  It's called a "Medical Source Statement," or Form HA-1151. My firm uses a specialized form tailored specifically to symptoms of fibromyalgia.

Third, Social Security will want to see that you are following prescribed treatment to try to get better.  It's important to take the medications prescribed by your doctor.  If you experience side effects with a medication that prevents you from taking it, talk to your doctor about other medicine that you may try.  Failure to follow treatment may cause problems with a Social Security claim.

Social Security's 2012 Ruling on Fibromyalgia 
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HELP WHILE YOU WAIT ON SOCIAL SECURITY

"I need help.  I've filed for Social Security disability months ago.  How can I survive until my case gets settled?"

Unfortunately, it can take months or years to get Social Security disability benefits.  There are some agencies that may be able to help you while you wait on Social Security.  Here are some avenues to explore:
 
FOOD STAMPS:  Contact your county's Department of Human Resources.  In Limestone County it's located at 1007 W. Market Street, Athens, AL 35611.  Phone (256) 216-6380. Website: 
http://dhr.alabama.gov/counties/county_results.aspx?id=Limestone


Mortgage Payments:  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com  or call 1-877-497-8182.

LOW COST MEDICAL CARE (DOCTORS): Click on the link below for a list of low cost clinics to find one near you.

http://www.needymeds.org/free_clinics.taf?_function=list&state=al

UTILITY BILLS OR OTHER NEEDS:   Dial 211 on your phone and tell the operator the type of assistance you need.

HELP WITH SOCIAL SECURITY DISABIILTY:  Contact the Forsythe Firm in Huntsville at (256) 799-0297 or (256) 431-1599. 

The Forsythe Firm is a professional legal firm specializing in Social Security disability and nothing else.  We offer you a FREE consultation and we will never charge for our services until you have been approved and qualified for past due benefits from Social Security.  At that point, Social Security will simply deduct our fee from your back pay.  Call us today if we can be of help.

MOST IMPORTANT ASPECT OF A HEARING

A great many things will be reviewed at your Social Security disability hearing.  These include your age, education, past work and medical conditions.  Of all these factors, I think the most crucial is the medical record.

Here's what I look for in the medical record:
 
1).  Is it complete?  Does the judge have records from all of your treating sources, such as doctors, hospitals, clinics, counselors--and in some cases--school records?

2)  Are medical records current?  Do they include your most recent doctor's visits, hospital admission, ER visit, etc.?

3).  Are there objective tests, such as an MRI, CT Scan, X-ray, etc. which clearly show the nature and severity of your impairment?

4)  Is there opinion evidence from your doctor?  This would be a letter or form from the doctor stating what your specific restrictions and limitations are and how they would affect the ability to do work-related activities.

5).  Is the medical record consistent with the symptoms you report?

Finally, I need to make the claimant aware of what's expected of him or her during the hearing.  What type of questions will be asked?  What is the best approach to answering questions?  What are some of the pitfalls to avoid?  Is the judge likely to have concerns from reading the medical records?  

Our goal at the hearing is to give the judge, as decision maker, a clear and understandable picture of why the claimant is disabled.  We want to answer any concerns or questions the judge may have.  Having attended hundreds of hearings helps me to prepare for a smooth hearing.  Hopefully, I can help eliminate some of the tension or anxiety the claimant may have when walking into the hearing.

WILL MY HEARING BE HELD HERE IN ATHENS?

Social Security judges hold hearings all over North Alabama.  If you live in Athens or Limestone County, there are 3 possible locations where your hearing may be held.

Florence, AL is the ODAR office or hearing office.  The hearing could be held there.

There is also an office in Huntsville where hearings are scheduled. 

Finally, if your case gets assigned to the Franklin,TN hearing office (which some from our area do) - then your hearing will be held in Decatur, AL.  

So, chances are your hearing will be either in Florence, Huntsville or Decatur.  You will receive a letter telling you the date, time and location of your hearing well in advance.  Plan to arrive at least 30 minutes before the hearing is scheduled to start.  (If the judge gets ahead of schedule, your hearing may begin early).

WILL SOCIAL SECURITY ACCEPT EVIDENCE FROM A D.O. OR ONLY AN M.D.?

There are fundamentally two types of medical degrees that doctors may get. One is the traditional Doctor of Medicine (MD) degree.  The other is Doctor of Osteopathic Medicine (DO).  

The training required for the MD and DO degrees are very similar.  According to the Mayo Clinic, the doctor of osteopathic medicine (DO) may have some training on manual manipulation, such as spinal adjustments or accupuncture, in addition to the traditional medical training.

Social Security regulations recognize both doctors equally as "acceptable medical sources."  20 CFR 404.1513

The regulation has recently been revised to include licensed physician's assistants as "acceptable medical sources."  However, nurse practitioners are not considered acceptable medical sources by Social Security as of this writing.

With many people now getting their medical care from non-traditional providers, it is important to know how seeing someone other than an MD or DO may affect evidence for a potential Social Security disability claim.

THINGS THAT "WON'T FLY" IN A SOCIAL SECURITY HEARING

"Some things fly like a lead balloon."  When you know something just won't fly, it's best not to leave the ground with it.

Here are some statements that won't fly at a Social Security disability hearing.  I've given a brief explanation of why they don't fly.

1).  "The only job I can get is a minimum wage job and I simply can't live on minimum wage."  Why it won't fly?  This has absolutely nothing to do with being disabled.  How much a job pays has nothing to do with Social Security disability.  It is largely a vocational problem. The problem might be solved by job training or education but Social Security will not award disability benefits on this basis.

2).  "Everything was going well until one day my boss laid me off (or fired me, or something like that).  Since then, I've never been able to work."  Why it won't fly?  Here, the claimant doesn't even claim to be disabled.  There is no medical issue. There is no disability issue.

3).  "I used to drive a truck, and loved my job, but now my sugar is so high that I can't pass my CDL test and so I can't work."  Why it won't fly?  It leaves open the possibility that you could do several other jobs.  Also, Social Security does not consider the inability to get a license or certification to be a disability.  If a lawyer can't get a license to practice law, it doesn't mean that he is disabled.  It might be effective to argue that diabetes makes you so sick that you can't drive a truck, but I'd leave out the CDL argument.

4). "Several employers whom I asked for a job told me that because of my physical condition I would be a liability to the company and they would not hire me."  Why it won't fly?  Several reasons.  First, employers are not allowed to decide whether or not you are disabled.  Second, your argument is that no one will hire you, not that you are legally disabled.  Third, the argument is more of a legal argument than a medial argument supported by medical evidence).  

5). "I haven't been to a doctor in 5 years because I don't have any medical insurance.  Even so, I just know that I'm not able to work."  Why it won't fly?  It's really an unfortunate position to be in, and lots of folks are in this situation. And this person may really be disabled. However, a disability decision must be based on objective medical evidence. If there is none, the case just can't be approved.  Perhaps this claimant should try to be seen at a community medical clinic which has reduced fees or even a free clinic.

6).    "All of my medical care has been from a nurse practitioner, chiropractor, counselor or nutritional expert.  I think that care is as good as any and should be good enough for Social Security."  Why it won't fly?  In today's society, many people do get medical care from someone other than a medical doctor (MD) or doctor of osteopathic medicine (DO).  However, Social Security regulations are very strict about what they call "acceptable medical sources."  While there are some exceptions, generally Social Security requires medical evidence from an MD or DO to establish that you have a severe medical condition.  Recently, physician's assistants have been added to the list of "acceptable medical sources."  As of now, nurse practitioners and chiropractors are not on that list.  It is simply not a question of whether your care is good or not, it is a matter of what Social Security regulations recognize.

7).  "Uncle Ned got on disability when he was 19, never worked a day in his life and is as healthy as an army horse."  Why it won't fly?  Several reasons, the first of which is, Uncle Ned's case is not under consideration.  The second is, it has nothing to do with why the claimant can't work.  Perhaps the biggest reason, it will irritate the judge.

THE "LEGAL THEORY" OF YOUR CASE

I was with a client in a disability hearing before an administrative law judge last week.  Five minutes into the hearing, the judge asked, "Mr. Forsythe, what is the legal theory of this case?"

I responded:  "Judge, the claimant has 3 severe impairments, the combination of which has caused him to be unable to sustain work for the last two years.  You will find evidence of these impairments and their limitations in Exhibits 2F, page 10; 6F, pages 8-17, and in 9F, pages 79, 90 and 112.  In addition, considering the claimant's age, education and past work experience, a finding of disability is directed by Medical-Vocational Guideline 201.01."

The judge seemed satisfied that I had given him the facts he needed to approve the claim.

After we left the hearing, my client said to me:  "I'm glad I didn't have to answer that question."

The truth is, every Social Security disability claim rises or falls on the legal theory of the case.  If you don't know what your legal theory is, you don't need to be handling a hearing.

Many times, judges believe the claimant is disabled.  However, they must justify their decision legally.  The "legal theory" is simply the body of facts that support a finding of disability based on the federal rules and regulations that govern Social Security.  It isn't enough just to convince the judge that you are disabled.  You have to tell him where the regulations permit that conclusion.
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Need help with a Social Security disability claim or appeal?  Contact the firm that has been successfully handling disability cases for years.  Call the Forsythe Firm for a free consultation or case evaluation.  (256) 799-0297 or (256) 431-1599.

ATHENS, AL: PROCESS FOR SOCIAL SECURITY DISABIITY

What is the process for applying for Social Security disability benefits in Athens, AL?

1.  File a complete application.  You may do this by contacting the Social Security office at 717 McGlathery Lane, Dectur, AL 35601.  (There is no Social Security office in Athens). Phone 1-888-289-9185.  You may also file online at www.socialsecurity.gov.  Or, you may choose to have an advocate or attorney help you file the application.  You cannot be charged a fee just for filing an application.

After you file, it will take 3 to 4 months to get an initial decision.  Unfortunately, 7 out of 10 claims are denied at this level, many times erroneously.  If you are denied, you must appeal by asking for a hearing before an administrative law judge within 60 days of the denial letter.  This is a strict, unforgiving deadline.  Miss it and your appeal is dead.

If you must appeal, you will normally wait 16 to 18 months to get before a judge.  Once you are there, however, your odds of winning jump to about 48 percent, based on state averages.  Your odds may be better or worse, depending on the facts of your individual case and depending on other factors, such as which judge hears your case.

If you win your appeal, you will probably receive back pay covering the months you have been waiting for Social Security to process the appeal.  Some of my clients have received lump sum back pay settlements of over $70,000 in addition to their monthly checks which are continuing.

Social Security, for most people, is the only financial lifeline when disability strikes.  Be sure you understand the peculiar requirements of Social Security, what evidence you must submit, and how the process works.  It will require a careful, well devised plan to get benefits. It won't just happen.

It can be a long process and can be overwhelming.  You are more likely to lose than to win.  I think having a professional advocate or representative to help you is a good idea.  You won't have to pay your representative unless you win.  And the fee comes only out of back pay.  So, if you win but don't recover back pay, no fee is due.

The Forsythe Firm has been helping hundreds of Social Security claimants in North Alabama for years.  You will receive committed, personal attention.  You won't be just a number in our system.  Free consultations and case evaluations.  Contact us at (256) 799-0297 or (256) 431-1599. Visit Us on the Web to tell us about your case.

BASIC DISABILITY INFORMATION: FINANCIAL SURVIVAL DURING DISABILITY

I've taken time to answer many of the most basic questions about Social Security disability, so you can save time, have answers and plan your financial survival.  If your question isn't answered here, please contact me at (256) 799-0297 or (256) 431-1599 and I will speak to you at no cost or obligation.  Please note that my practice is limited solely to Social Security disability, so I can address only this issue.

Who can apply for Social Security disability (SSDI) benefits?  Anyone who has worked enough to be covered under the Social Security program.  Coverage is obtained by earning wages and paying FICA tax to Social Security.  Also, you need to be under full retirement age to get disability benefits.  For most folks, that's around age 66 or 67.

What are the basic medical requirements to get benefits?   You must have at least one severe impairment which has lasted, or is expected to last for at least 12 consecutive months (or to end in death).  Your impairment must pose a significant restriction on your ability to work.  You will need medical proof with recent medical treatment.

Can I apply for SSDI while I am still working?  No.  If you are earning wages or self-employment income that amounts to "substantial gainful activity" or SGA, you may not get disability benefits.  SGA for 2017 is defined as wages, tips, salary or self-employment income of at least $1,170 per month before deductions.  (Other types of non-earned income do not count).

When should I apply?  Apply as soon as you have a medical condition that is expected to keep you from working for at least 12 consecutive months?  You don't need to wait 12 months to file an application.  

How long will it take to get a decision?  Social Security usually takes 90 to 120 days to reach a decision on a disability application.

I've heard that most applications are denied.  Is that true?  Yes, unfortunately, about two-thirds of applications are denied and require an appeal.

Are my odds of approval better at the appeal level?  Yes, considerably better.  Especially if you have competent legal representation to help you at your hearing.

How much will my monthly benefit be?  Monthly benefit will vary, based on your age, earnings, how long you have worked and paid into Social Security.  The national average for SSDI checks is about $1,160 per month.  Your amount may be higher or lower.

How does legal representation work?  A representative will work on your case and prepare the application, or prepare for the appeal hearing, whichever is required.  You will never be charged a fee unless you win benefits, including recovery of back pay or past due benefits.  If your representative has qualified for direct payment of fees, Social Security will withhold the approved fee from your back pay and pay the representative directly.*  If you are not approved, or if you don't receive any back payments, no fee is due and you owe nothing.

When do I need to get a representative involved?  That really depends on you.  Some claimants like a representative involved from the very beginning to help file a proper application and oversee the gathering of medical evidence. Others wait to see if they are denied, then get a representative to help with the appeal and hearing.  If you are really good at completing complex forms, and can get it done accurately and on time, you may not need a representative until you are denied.  Many people, however, feel that a representative may help prevent mistakes on the application and get a quicker decision or a better outcome. The choice is yours to make.

We've answered a lot of common questions here.  Chances are you have more questions that we didn't post.  If so, call us anytime in Huntsville at (256) 799-0297 or in Athens at (256) 431-1599.

*Our advocate, Charles Forsythe, is qualified for Direct Fee Payment from the Social Security Administration.

The Forsythe Firm is NOT affiliated with the US Social Security Administration.  We are a privately owned professional firm and we work for our clients.
 

TYPES OF DISABILITY HELP AVAILALBLE

For the past decade, the Forsythe Firm has been helping the disabled to get Social Security disability benefits. We have helped hundreds of people, just like you. Our practice areas include

⇨ Initial Applications and Forms

⇨ Administrative Appeals

⇨ Hearings before Administrative Law Judges

⇨ Federal Administrative Appeals

We may be able to help you if you suffer with

• Back or neck pain
• Degenerative Disc or Joint Disease
• Migraine Headaches
• Fibromyalgia 
• Blindness
• Cancer and leukemia
• Diabetes or other Endocrine disorders
• Heart disease (heart attack)
• Anxiety, depression, PTSD or schizophrenia
• Traumatic brain injury
• Amputations
• Chronic liver disease
• HIV and AIDS
• COPD or obstructive lung disease
• Arthritis (osteoarthritis or rheumatoid arthritis)
• Schizophrenia
• Multiple sclerosis
• Lupus
• Other auto-immune disorders
• Intellectual disability
• Other medical problems that prevent you from working

 We also represent disabled veterans before the Social Security Administration.
 
TERMS OF SERVICE:  We will never charge you a fee until two things happen:  (1) You win your disability claim, and also (2) recover back pay or past due benefits.  Initial consultations and claim evaluations are free and without obligation.  You can pursue your claim without paying any money upfront and without running up legal bills if you don't win.  If you win and recover past due money, Social Security will withhold our fee and pay us directly.

Eligible for Direct Fee Withholding 

The Forsythe Firm

7027 Old Madison Pike NW - Suite 108

Huntsville, AL 35806

PHONES (256) 799-0297 or (256) 431-1599

www.ForsytheFirm.com

Proving WHEN You Became Disabled

It's important to prove to Social Security that you are now disabled in order to get a check.  But it's also important to prove when you first became disabled.  This is called the "onset date."

The onset date will determine when your payments begin.  Your payments can begin earlier than your application date if you can prove an earlier onset date.  In effect, this allows you to "back date" the claim and recover earlier benefits.

Many people make the mistake of providing recent medical records that show a current disability.  But they fail to get older records that show how long the disability has existed.  This can potentially cost tens of thousands of dollars in lost back payments.

For instance, if you apply for Social Security disability on March 10, 2017 but can show that you were actually disabled on March 1, 2016--there are 12 months of back payments you are entitled to receive.  If your case drags on for another year (in the case of an appeal), then you have 24 months of back payments.

So, when looking at filing a disability claim, it's very important to ask yourself the question:  On what date did I first meet Social Security's criteria for disability.  That should be your alleged onset date (AOD).

The two things to remember about the alleged onset date (AOD) are:

1)  You can't have substantial work after the AOD.
2)  You must produce medical records showing a disability as of the AOD you allege.

For a free consultation about Social Security disability:

PHONE (256) 431-1599      (256) 799-0297

CONTACT OUR ADVOCATES ON THE WEB 

HEY ATHENS - LOOK AT THESE WEIRD JOBS THAT MAY GET YOU DENIED

Social Security uses an obsolete publication to identify jobs. These jobs can be used to deny disability claims.  The publication that Social Security decision makers must use is The Dictionary of Occupational Titles (DOT), first published in the 1930s and last updated in 1993.  The DOT describes 12,569 jobs.  Many of them are from a bygone era-but they are still in the DOT.  

Here are a few of the more ridiculous jobs still listed as of 2017. The DOT code number is given, to prove this is no joke.

• Horse Identifier   DOT Code 153.387-010

• Horse and Wagon Driver  919.664-010

• Butter Melter   523-585-010

• Animal Impersonator   159.047-018

• Bucket Chucker   664.685-014

• Belly Roller   583.685-094

• Side Splitter   525-684-018

• Worm Picker   413-687-010

• Egg Smeller   521.687-042

• Bowling Ball Weigher   732.487-010

And my personal favorite....

• Coach Driver, DOT Code 349.677-014.  The DOT job description reads:  "May clean or polish vehicle such as a carriage, wagon or cart." 

If you are judged physically and mentally able to perform one of these jobs (or any other job in the DOT) you may be denied benefits at Step 5 of the sequential decision making process.  Sad, but true.

The US Department of Labor considers the DOT to be obsolete.  However, the Social Security Administration considers it their main vocational resource--the definitive guide to jobs in the modern age, the Bible of work.

Judges are required to confirm that any vocational testimony "confirms to the DOT."  Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude:  If it's in the DOT, it's the Gospel.

This could be one reason your disability claim was denied:  reliance upon such "solid data" as the DOT.  Some federal courts have reversed based on the DOT on appeal.  Most do not.  The DOT needs to be discarded and replaced. It has been severely out of date at least since 1993. 

Need serious help with a disability claim or appeal?  

Contact the Forsythe Firm  

PHONE (256) 431-1599    PHONE (256) 799-0297 

THE MOST COMMON DISABILITY APPROVED BY SOCIAL SECURITY

Over 3 million Americans are diagnosed with degenerative joint disease (DJD) each year.  This, along with degenerative disc disease (DDD), is the single largest cause for Social Security disability payments.

DJD, also called osteoarthritis, causes inflammation and breakdown of the cartilage of the joints. This most often affects the spine, hands, feet, knees and hips.

When the spinal vertebrae are afflicted with this same type of condition, it is referred to as degenerative disc disease (DDD).  In severe cases, there may be a bulge or herniation in one or more of the spinal discs.

Social Security lists the criteria for an automatic award of DJD or DDD in Listing 1.02.  Even if you don't meet all the criteria of the Listing, you may still qualify for disability benefits.  Your age will play a major role in the decision about getting benefits.

If you are under age 50, you must show that your symptoms are so severe that you cannot perform any work that exists in large numbers in the US economy.  If you are 50 or over, you may meet one of the Medical-Vocational Guidelines (also called grid rules) which make it easier to qualify for benefits.

It will help you get benefits if your doctor will explain the specific limitations caused by your disease.  Get your doctor to state how such work related activities as sitting, standing, walking, bending, reaching, lifting and kneeling are affected by your DJD or DDD.  Routine medical records usually do not get this specific, so a special form is required from your doctor.  I don't like letters from doctors because they never answer all the essential questions.  I much prefer to use a form approved by Social Security which will answer all the questions in sufficient detail.

I frequently hear people refer to Social Security disability as "impossible" and "a nightmare."  It can be but it doesn't have to be.  Knowing what the battle is and how to prepare for it can make the journey to getting approved less frustrating.  The person who can probably take the greatest burden off your shoulders is a Social Security disability advocate--trained to get the evidence, build the case and give you the best chance at approval.

TELL AN ADVOCATE ABOUT YOUR DISABILITY CLAIM - FREE 

PHONE US (256) 431-1599    (256) 799-0297

*Not a Social Security office; not affiliated with the US Social Security Administration.  The Forsythe Firm is a private professional legal firm, representing disabled persons seeking Social Security benefits.

 

WHAT ARE THE DIFFERENT TYPES OF DENIALS?

Social Security may deny disability benefits for different reasons.  The two biggest reasons are technical denials and medical denials.  I'll try to explain what these terms mean.

TECHNICAL DENIAL.  These denials occur when a claimant does not meet the technical requirements for Social Security payments.  These might include:

• Insufficient work history to be covered by SSDI
• Application was filed after the date last insured
• Appeal was not filed within the 60 day deadline
• Too much household income for SSI benefits, etc.

MEDICAL DENIALS.  Medical denials occur when Social Security finds that the medical evidence (doctor's records) does not support the existence of disability.  In other words, they believe that while a claimant may have some impairments, he or she can still perform some type of full-time work.

Generally speaking, technical denials are very difficult to appeal.  The technical facts are cut and dried and speak for themselves.  It is not a matter of opinion.  You either worked enough to be covered by SSDI, or you didn't.  Your application was filed on time, or it wasn't.  

Medical denials are where appeals often get results.  Going by national averages, almost one-half of medical denials are won at appeal.  My appeal averages are much higher than that, partly because I'm selective in the cases I will accept.

But the point is, if you get a medical denial (which is by far the most common), you should appeal it immediately.  If your denial letter says something like....

"While we find that you are not able to perform your past work, there are certain jobs that you are still able to perform..."  

....that is a medical denial and should be appealed right away.  You have a 60-day deadline to file the appeal.

The simple translation is:  "You have some medical problems but we don't believe your problems are bad enough to keep you from working."  This is opinion, probably false, and may be corrected at a hearing.

PHONE (256) 431-1599 in Athens or Limestone Co.

PHONE (256) 799-0297 in Huntsville or N. Alabama

www.ForsytheFirm.com
 

 

DENIED DISABILITY BENEFITS? WHY YOU SHOULD FILE AN APPEAL

I've had the privilege of helping hundreds of honest, hard working Alabamians get Social Security disability benefits.  Most of these success stories came after at least one denial.

For the ten-year period between 2005 and 2014, Social Security only approved an average of 23 percent of claims at the initial application level.  That's a 77 percent denial rate.  The chart at the bottom of this page illustrates Social Security's decisions for that same period of time.

Why should you appeal if your disability claim is denied?

• You odds of being approved are better on appeal.
• A judge will personally listen to your testimony.
• Additional medical evidence can be submitted, and
• Mistakes made by Social Security can be corrected.

• FOR A FREE CASE CONSULTATION CALL (256) 431-1599.

 

DISABLED ATHENS RESIDENTS CAN GET LOCAL SOCIAL SECURITY HELP

ATHENS, Al - March 6, 2017.

If you are disabled in Athens, AL and need help with a Social Security claim or appeal, there may be a lot of advantages to getting local help.  It may be in your interest to avoid the big wholesale Social Security lawyers who advertise on TV but whose offices are in Chicago, Las Vegas or Detroit.

The first and most obvious advantage to a local professional is personal service.  You can call your representative and speak to him or her any time.  You won't have to go through a big call center.  And your representative will know your name.  You won't have to provide your case number or Social Security number every time you call.

Another advantage is accessibility.  You can drop things off at our office, pick up forms you might need, or come in to see us face-to-face.  This avoids calling distant 800 numbers and hoping someone will call you back.  It may also avoid doing business by mailing paperwork back and forth, which may slow down your payments.

The Forsythe Firm was founded almost two decades ago to provide local, North Alabama representation for honest, hard working individuals who become disabled.  Free consultations are available and you never pay us anything until your case is won and your benefits are PAID.  Guaranteed.

PHONE (256) 431-1599 or (256) 799-0297

ATHENS SOCIAL SECURITY DISABILITY HELP

*Please note that we are a legal professional firm.  We are not a Social Security office and are not affiliated with the US Social Security Administration.

 

VA DISABILITY RATINGS ARE NOT BINDING ON SOCIAL SECURITY

During the last decade, I have had the privilege of helping dozens of disabled veterans in getting their Social Security disability benefits.  My success rate has been higher with veterans than with any other category of claims. 

However, VA disability ratings are not binding on the Social Security Administration.  The VA may issue a 90 or 100 percent disability rating and Social Security can still deny benefits.

The regulations governing VA benefits are different from those controlling Social Security. The evidence required by Social Security is also different, as are the procedures.  The key to winning Social Security disability is to prove the case according to their rules.

There certainly may be advocates who understand both VA and Social Security rules.  But I tend to think that they are very different "animals" and an expert in VA rules might not necessarily fare so well with Social Security and vice versa.

Finally, I notice that Social Security initially denies most claims--even those filed by disabled veterans. On appeal, most veterans can be approved.  So, the lesson is:  always appeal a denied claim within the 60 day deadline. This is true with veterans, just like it is with everyone else.

For a Free Case Evaluation or Help Call (256) 799-0297
or (256) 431-1599.

www.ForsytheFirm.com
 

ATHENS AL RESIDENTS - ARE YOU DISABLED? NEED DISABILITY CHECK?

A whopping two-thirds of Social Security claims will require a hearing to be approved.  When you get that denial letter, it's not time to quit--it's time to fight.

Typically, the denial letter will say something like this (look on the last page, near the last paragraph):

"While you are not able to perform your last work, there are other types of work that you would be able to perform."

This is what we call a "Step 5 Denial," or denial based on the belief that you can still perform certain, easier or less demanding jobs.  

The problem is that Social Security has assigned you an erroneous "Residual Function Capacity" or RFC.  Simply defined, your RFC is "the most you are able to do in terms of work related activities."  Social Security has probably assigned you the ability to perform jobs in the sedentary or light exertion range.  In truth, you are probably not able to perform light or sedentary work and are disabled.

What is the proper method to challenge Social Security's mistake?  The answer is to file an appeal and ask to appear before an Administrative Law Judge (ALJ).  While the appeal process is time consuming (and often confusing for claimants), it is the only way to get benefits once you get a denial letter.  And with the help of an advocate or professional who knows the ropes, it is not all that intimidating.

To challenge Social Security's belief that you are able to "perform certain types of work," your advocate or representative will take the following steps:

• Make sure you have medical records in your file to support your severe symptoms.
• Obtain specific evidence from your doctor to show your work-related restrictions.
• Make a written argument to the judge showing how the medical evidence supports disability according to the federal regulations.
• Prepare oral arguments to be used at your hearing--concisely outlining why you are eligible for disability benefits.
• Prepare you for the hearing and how to give effective testimony to help the case.
• Attend the hearing with you to help assure that your evidence is interpreted correctly and that problems get solved. 

For a free case evaluation, or just to ask questions about Social Security disability, please contact the Forsythe Firm by calling (256) 431-1599 or (256) 799-0297.

FREE ATHENS SOCIAL SECURITY DISABILITY INFO 


 

ATHENS AL SOCIAL SECURITY DISABILITY ADVOCATES

ATHENS, Al - Social Security Disability Advocates Win Difficult Cases

The Forsythe Firm is one of the few Alabama legal assistance firms totally dedicated to nothing but Social Security disability.  They win difficult cases that otherwise might leave the claimants without disability checks and without health insurance.

"When someone loses the ability to work, they will likely also lose health insurance and the ability to get continuing medical treatment," says Charles Forsythe, a partner of the Forsythe Firm.  "Add to this the loss of wages or income, and you have a serious emergency," he says.

People may not even think about how they will survive financially when they are forced to stop working, Forsythe adds.  They just assume that Social Security will be there for them.  But it isn't that simple.  Obstacles stand between the average claimant and Social Security disability benefits.  They include:

LONG DELAYS.  It usually takes about 4 months for Social Security to make a medical decision on a disability claim.  In other words, you wait about 4 months before they decide whether or not you meet the medical definition of "disability."

WRONGFUL DENIALS.  In Alabama, about two-thirds of all disability claims are denied.  If an individual confined to bed, in a nursing home or has a terminal disease, the claim may get approved.  Also, if the claimant is close to retirement age, the claim could be approved quickly.  Most other individuals will be denied.  They must quickly file and appeal in hopes of getting approved by an administrative law judge, which often happens.

BACKLOGS AND MORE WAITING.  If a hearing is necessary due to a denial, it can take 18 months or longer to get before a special judge, called an administrative law judge or ALJ.  This long wait is because there are over one million persons now waiting in line for a hearing.  With only about 1,200 administrative law judges, the wait is terrible.  But it's the only way once benefits have been denied.

LEGAL PROCEDURES AND RED TAPE.  Because the legal proceedings are complex and confusing, most claimants hire an attorney or legal representative to assist them.  Studies indicate that claimants with representation win their benefits more often than claimants who go it alone.  The Forsythe Firm represents claimants before administrative law judges in Alabama, Tennessee and Mississippi.  Their win ratio is excellent and there is never a cost to the claimant unless the case is won and back benefits are paid.

Individuals in Athens, Decatur, Madison, Huntsville, Ardmore or nearby locations should contact the firm for a free consultation:

PHONE:

ATHENS AREA (256) 431-1599     

OTHER LOCATIONS IN ALABAMA OR MIDDLE TENNESSEE CALL (256) 799-0297.

CONTACT US ON THE WEB & TELL US ABOUT YOUR DISABILITY

No Fee for Our Services Until You Are Approved and Granted Back Pay

IT MAY TAKE A HEARING TO GET SOCIAL SECURITY DISABIITY

Social Security disability is a challenge these days.  It usually takes a hearing before an administrative law judge to get benefits started.

The hearing requires proof acceptable to the judge, not just an explanation of your pain or impairment.  Judges need proof.

In Alabama, two-thirds of Social Security disability claims are denied at the application level.  A large percentage of these denials are errors which can be corrected and paid with an appeal.  

The lesson is, don't give up when that letter comes stating that you are not qualified for benefits.  That's probably not true.  You've just been caught up in the Social Security denial machine.  The next step is where your case can be won; however, there are deadlines to meet.  You have 60 days from the date on the denial letter.  This is a strict deadline.

If you believe you qualify for Social Security benefits, contact the Forsythe Firm today.  Local experts will guide you through the application process or appeal.  And there is never a cost unless you are approved and get back pay.  Free consultations with no cost or obligation.

PHONE (256) 431-1599 ATHENS
PHONE (256) 799-0297 HUNTSVILLE OR DECATUR

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