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.