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 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
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
Contact Us On Our Website Here
Getting approved for Social Security disability benefits is often complex, confusing and frustrating. When an individual is disabled, the frustration of dealing with a large government agency can be overwhelming.
Professional help is available; however, many people believe that it costs too much or requires a large upfront payment to cover expenses. Neither of these things are true.
Advocates--professionals who help you with government programs, do not charge a fee until AFTER you are approved for benefits. You only pay a fee then if you qualify to receive retroactive or past due benefits. If you don't get paid, neither does your advocate.
We will even spend our own money to front the legal expenses, such as purchasing any medical records or doctor's reports that we require. You pay absolutely nothing until your claim is approved and your back pay comes in.
HERE ARE SOME BASIC RULES FOR GETTING SOCIAL SECURITY DISABILITY:
- You worked enough in the past to be covered. If you are age 42 or older, this usually means that you have worked at least 5 out of the most recent 10-year period, and paid FICA or Social Security tax (withheld from wages).
- You are not presently able to work and are not working now.
- You have a severe medical condition that can be verified by doctor's records (We get the records for you). This medical condition must have lasted for at least 12 consecutive months or be expected to last that long.
- You must be unable to work a full-time job due to medical reasons.
If you meet these basic guidelines, we should be talking about Social Security disability. We offer FREE case evaluations and free consultations (by phone or in our local office).
Here is how to contact us:
(256) 431-1599 or (256) 799-0297
There are many US veterans living in our around Athens, AL. They served their country with distinction. Some of the veterans are disabled and may be entitled to Social Security disability benefits.
Disabled
veterans should be receiving both VA benefits and Social Security
disability benefits. One benefit does not reduce or interfere with the
other.
Be
aware that Social Security doesn't make it easy to get benefits and
this is true even for veterans. A large percentage of fully qualified
veterans are denied--even though they meet all the criteria for
benefits. If this happens to you, appeal the denial immediately and go
"up the chain of command" at Social Security.
Also,
there is a lot of bad information floating around these days about
veterans and Social Security. Be sure you know the facts before you
decide to give up on Social Security benefits. (Most of the cases that
we win were denied earlier in the process).
For
example, you do not have to wait until you are out of military service
to apply for benefits. You may qualify for disability benefits while
receiving active duty pay if you are unable to perform your military
job.
Further,
it does not matter whether your impairment is related to your military
service or not. If you became disabled while serving in any branch of
the US military, you may qualify for Social Security disability (SSDI)
benefits.
Finally,
there is no income limit for veterans wishing to qualify for SSDI.
Your VA disability or retirement income will NOT disqualify you for
Social Security benefits. You need not be poor or have limited income
to qualify for Social Security disability.
Veterans first became covered by the Social Security disability program beginning in1955.
The
application process can be confusing and complex, especially if the
initial application is denied. Professional guidance through the
process can make your life easier and save you a lot of frustration. It
may also provide a better chance of success in getting benefits.
The
Forsythe Firm in Huntsville spends a great deal of time working with
veterans. Our success rate is among the highest in the nation. There
is never a fee for any service we provide until you are approved and,
only then, if you are approved for retroactive or "past due" benefits.
Initial consultations are free and absolutely without obligation.
Do you live near Athens, AL and need Social Security disability? Need professional legal help with a claim or appeal, but don't want to pay money upfront?
Local professionals assist you with your Social Security application, appeal or hearing -- with NO UPFRONT COST TO YOU. We do not even charge expenses until you are approved and paid by Social Security. If you don't get paid, neither do we.
Here are some guides that may help you decide if you should apply for Social Security disability benefits (or appeal a recent denial of benefits):
- You worked enough in the past to be covered by Social Security. For most folks over age 42, this means that you worked at least 5 out of the most recent 10-year period. Younger persons may need less work.
- You are not currently able to work and are not working.
- You have a severe medical condition that makes it difficult or impossible to work full-time.
- You have medical treatment (Doctor's records are available. We will get them for you).
We understand that Social Security is one of the most difficult programs in the US Government to work with. It is complex, confusing and frustrating.
Most of our clients were denied before we helped them get approved. However, if you were recently denied, you must take action within 60 days of the denial letter. Call us.
You can talk to us about your case over the phone at no cost, no obligation, no pressure. If we take your case, we agree in writing not to charge you any money until AFTER YOU WIN and get paid by Social Security. Then, because we are eligible for Direct Payment, Social Security will pay us directly for the fee they approve. If you do not get paid, neither do we.
Speak to an experienced, successful advocate right here in Athens or North Alabama today. Your call won't be answered by a big call center--you will get a local professional, experienced disability advocate on the phone. If we need to take further action on your behalf, we will meet with you at our local office. You will never be farmed out to someone in a far away city and you will never have to call a distant 800 number.
Let's talk about what need to happen to get your Social Security disability payment approved.
PHONE (256) 431-1599 or (256) 799-0297
