Friday, December 7, 2018

YOU NEED A PLAN TO GET SOCIAL SECURITY DISABIITY

Having a plan or strategy is very important to winning your Social Security disability appeal.

Judges have very limited time to spend on a case.  They are required to issue up to 700 decision a year, or over 50 per month.  One case may have thousands of pages of medical records and other documents to review.  Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.
  • Is this claimant insured for benefits?
  • What kind of past work did the claimant do?
  • Does he or she meet a Listing or grid rule?
  • Are there any transferable skills?
  • Does the medical record support the alleged onset date?  If so, where? 
These are things the judge must know to decide the claim. 

A good representative will read and analyze the medical records, which are the foundation of every case.  The important evidence will be pointed out to the judge.  Are there MRIs or imaging studies to prove the alleged impairments?  Where can they be found quickly?

Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities?  How do these opinions limit the claimant's residual functional capacity?

Then we come to the claimant's testimony.  It's very important that the claimant has been prepared and knows what to expect--and how to answer.  The testimony should match up with what the doctors say in the records.

Award rates among Social Security judges are lower now than at any time in the past 30 years.  A lot of things have to line up and make sense for the judge.  

I always provide the judge with a pre-hearing brief.  That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid.  The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes.  So, I try to help the judge make efficient use of his/her time.

A lot of times I can answer difficult or technical questions for the judge.  This can also help to get a favorable decision out more quickly.  

It's risky to walk into a hearing and just hope for the best.  Those kind of hearings often don't go well for the claimant.  It's much better to have a legal roadmap of where you want to go and how to get there.  That's worth paying the attorney/representative a fee when your case is successful. 

So, talk to a representative early in the process.  I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case.  I have to think so, too, or I won't take the case.  The best of all worlds is when the claimant and representative work well together as a team.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297 

https://forsythefirm.wixsite.com/website 

Send Us an Email:   forsythefirm@gmail.com 

Monday, November 19, 2018

ATHENS, AL DISABILITY BENEFITS. WE CAN HELP YOU.

Most Alabama workers are covered by Social Security disability because they pay FICA withholding tax out of every paycheck.  This provides coverage against long term disability and loss of income.

However, Social Security can be difficult to deal with and there are complex rules that must be met before they will part with any money.  It can take anywhere from 4 months to 4 years to get approved.

Here is the sticky part.  Social Security will often agree that you cannot perform the work you once did.  However, they will say that you can still perform some jobs which exist in the national economy.  These jobs are often unskilled minimum wage jobs, such as hand packager, inspector or copy colater.  It doesn't matter that you can't actually find one of these jobs.

If you file an application and are denied (as up to 75% are), you have 60 days to file an appeal.  The appeal puts you in line for a hearing before a US administrative law judge (ALJ), who can review your case and give you a new decision.  Your odds before the judge are much better, especially if you are represented by counsel who understands the system and how to navigate it.

HOW CAN YOU PAY FOR EXPENSIVE LEGAL COUNSEL?

You don't have to.  Social Security forbids an attorney or representative to charge you any fee unless your case is decided in your favor and results in back payments.  In that case, Social Security will withhold a small portion of your back pay and pay the legal fee directly.  You keep most of your back pay and 100 percent of your monthly benefits.

If you need help with a Social Security disability application or appeal, please invest 15 minutes in a phone call to our firm for a free initial consultation.  We never ask you for money and our experienced disability advocates have been handling cases like yours for over a decade. 
_________
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE WEBSITE

Sunday, November 11, 2018

DON'T DEPEND ON WHAT FRIENDS TELL YOU ABOUT SOCIAL SECURITY DISABILITY

I have heard some of the most intriguing stories about Social Security disability.  Many of them are full of misstatements of fact and bad advice.  The odd thing is, they all came from family members or friends of claimants who meant well and thought they were being helpful.

Most people don't realize that every disability case is different.  Therefore, what happened in one case may have absolutely no bearing on your case.
 It doesn't matter what happened to Uncle Albert's case. I guarantee you there was something about Uncle Albert's case that is different from your case:  age, education, work experience, medical records, treatment, date last insured, residual function capacity, onset date, grid rules, severity of symptoms--a different judge....  

You get the idea.  Get YOUR case analyzed based on YOUR set of facts. 


 Probably the best 15 minutes you ever spent will be to call an experienced attorney or disability advocate and get some advice about your claim.  Every case is different.  Do not depend on what a relative, friend or co-worker tells you.  They all have stories.  None of them probably apply to your particular scenario.  Get a free case evaluation by someone who sits in front of an administrative law judge several times a week, and who knows how to apply the law to your individual set of facts. 

Here's the best part.  There is no cost for doing this.  Any attorney/advocate who practices in the area of Social Security disability will provide you with a free consultation, a free case evaluation, and free advice.  If the advocate is hired and does a lot of work on your case, of course he or she deserves to be paid.  But they only get paid if you (a) win your case, and (b) receive past due payments as a lump sum of money, and (c) Social Security approves of the fee payment.
___________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US:  (256) 799-0297

 SOCIAL SECURITY JUSTICE

SOCIAL SECURITY DISABIILTY FOR DEPRESSION OR MENTAL ILLNESS

"Can I get Social Security disability benefits for mental impairments, such as depression or panic disorder?"

The answer:  Yes, if your symptoms are so severe that they prevent you from working, and if you have medical records to prove it.

Social Security will review your medical treatment and evaluate the severity of your mental impairment.  Here is what they usually need to see to approve benefits:

  • A long history of persistent mental illness
  • Consistent and current medical treatment
  • Severe symptoms that may have required hospitalization in the past
  • The loss of functional limitation that will prevent the ability to perform even simple, unskilled jobs.
Age is not as critical in mental impairments because even a younger person in good physical health cannot work if he/she can't sustain the mental demands of work.

Expect to be denied in the initial stage.  To win, you will probably have to file and appeal and attend a hearing before an administrative law judge.  Not many applications are approved initially for mental illness, unfortunately.  You have a better chance with the judge, however.
____________
The Forsythe Firm
Social Security Representation
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 325806

CALL US:  (256) 799-0297

Email Us:  forsythefirm@gmail.com 

CHECK OUT OUR WEBSITE 

Free Consultations:  Pay a fee only if you win.





Tuesday, November 6, 2018

GETTING A REPRESENTATIVE: ADDING VALUE TO YOUR CASE

There are two very simple good reasons to get an advocate or representative to handle your disability case:

1.  You are twice as likely to win and get paid.

2.  You are more likely to collect maximum back payments.

So, what's the risk of hiring a representative?  None.

Legal fees are regulated by the Social Security Administration.  The agency will not permit a legal fee except in cases where the claimant is successful and where he or she collects back payments.  The representative's fee can only be deducted from back payments.

Therefore, if your claim does not result in back pay, the attorney or representative works for free.  You cannot be charged for anything.
_________________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike - Suite 108

Madison, AL 35806
CALL US (256) 799-0297

SOCIAL SECURITY JUSTICE: WEBSITE 

 

Friday, November 2, 2018

REQUIREMENTS TO GET DISABIITY BENEFITS (CHECKS)

Disability benefits, as we call them, have two parts:
(1) a monthly check, and
(2) Medicare health insurance

Social Security Disability Insurance (SSDI) is for workers who have paid into the system but become unable to continue working due to a medical impairment.

Here are the requirements for SSDI benefits:

  • You have a medical impairment that is severe enough to prevent you from holding a full-time job.
  • This impairment has lasted or is expected to last for 12 straight months OR to end in death.  (You don't need to wait 12 months to file but you must have a condition that is expected to last at least one year because there is no short term benefit).
  • You have enough medical evidence to prove your disability.  You will use your doctor's records.
3 Ways to File Your Application
1.  Visit or call your local Social Security office.
2.  File online at www.socialsecurity.gov (Disability)
3.  Get a Social Security advocate to help you file.

What to Expect After You File
  • Wait 3 to 4 months to get an initial decision
  • Over 70 percent of decisions will be denials.
  • File and appeal within 60 days if denied.
  • Wait up to 2 more years for a hearing (if required)
  • Attend a hearing before a special disability judge.
  • Receive a new decision from the judge 1 to 3 months after the hearing.
  • Receive your back pay and start getting monthly checks (if approved).

You will certainly want to consider legal representation if an appeal/hearing is required.  Available data shows that your chance of being approved at the hearing level are twice as good with adequate representation.  Your representative will charge you a fee only after you win your case and collect back pay from the Government.  If you lose, there is never a fee.
___________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

E-Mail us about your claim:   forsythefirm@gmail.com







 

 

DENIAL IS A CHANGE OF DIRECTION FOR SSDI CLAIMS

The denial of a Social Security disability claim marks a change of direction for the claim.  It does not mark the end, just a new beginning.

First, you are leaving the state arena and entering the federal arena.  Say goodbye to the Disability Determination Service, a state agency.  Say hello to the office of Disability Appeals and Adjudication, a strictly federal agency.

Say goodbye to impersonal, mechanical reviews.  Say hello to personal attention.  Now, a US Administrative Law Judge will sit down with you personally and discover the facts in your case. This process is called a hearing. He or she will listen to your in-person discussion of your medical issues.  The judge will render a totally new decision.

Say goodbye to do-it-yourself advocacy.  You may have filed the application by yourself.  Now, it's time for representation.  You want a professional advocate with the skill, experience and time to prepare a vigorous appeal and represent you at the hearing.

Can You Afford Top Notch Legal Representation?    

Yes, you can.  No money is required upfront.  A fee is generated only when you win your case and the government pays you a past due benefit.  Your attorney's fee will be a small percentage of the past due benefit.  Social Security will withhold the fee, which you have already agreed to under contract with your representative.  The government will pay the representative directly.

This arrangement is called a "contingency fee agreement."  You agree to pay a small percentage of your back pay, only if you win.  If you don't win, or if you do not collect back pay, no fee is due to your representative.  

Most representatives, including the Forsythe Firm, will provide you with a free consultation.  At this meeting, the strengths and weaknesses of your case will be evaluated.  You will be advised of the best way to continue.  An advocate will be assigned to your case who will file the appeal, prepare for the hearing, and represent you before the administrative law judge.

"Don't think of a denial as the end of your claim.  Think of it as a new direction, offering even greater opportunities for success!"
________
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
PH (256) 799-0297

E-mail us about your case:   forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE (WEBSITE) 

Serving all of northern Alabama and middle Tennessee



Sunday, October 28, 2018

CAN AN ATTORNEY HELP ME WITH SOCIAL SECURITY?

According to studies I have seen, your odds of winning your Social Security disability claim are about twice as good if you have an attorney or qualified legal representative.

How does an attorney-representative help you get Social Security disability?

1)  Your representative knows the importance of filing a timely appeal when Social Security denies your claim.  My firm tells claimants right off the bat, "You will probably be denied but we will be here to appeal and take it to court for you if necessary."

2)  Your representative will obtain additional medical evidence and statements from your doctors needed to win your appeal.  

3)  He or she will prepare you to participate in the hearing.  
4)  A vocational expert (jobs expert) will be called by Social Security to attend your hearing.  Your representative is skilled at questioning this expert to get testimony that may help win your case.

5)  Your representative can identify problems that may come up at the hearing and work to solve them in advance.

6)  The representative will put together a case that takes advantage of Social Security's rules and regulations to help you win.  In other words, he or she will devise a legal theory of the case which meets Social Security's rules and regulations.  It is very important to know the regulations and laws which govern SSDI benefits.

Will I Pay a Fee If I Don't Win My Case?

Absolutely not.  Federal law does not permit a representative to charge you a fee unless your case is successful.  And the fee can never be more than 25 percent of the back pay you receive from Social Security.  You will always keep 100 percent of your monthly check

How Do I Find Out If I Have a Case?

You should call a local representative for a free consultation.  Talk about your medical history, past work history and whether you may qualify for disability benefits. The phone call is free and you will be under no obligation.  A 10 minute phone call will usually provide you with valuable free guidance and may set in motion a plan that will get your Social Security disability benefits paid.
______
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 325806

CALL US:  (256) 799-0297  

E-Mail Us With Questions:   forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE WEBSITE 

YOUR DISABILITY HEARING: YOU GET ONE CHANCE

I hate games where you only get one chance to do it right!  No second chances!

Social Security disability hearings are just such endeavors.  You get one hearing.  If you fail, you score 0 and there is no rematch.

That's exactly why a claimant should not represent himself.

Given enough time and enough chances, you might figure out how to win one of these things by trial and error.  But you only get one chance.

So, get professional help.  Get somebody who has done this a few hundred times before and knows how they work.

This won't guarantee success, but it will greatly increase your odds--for obvious reasons. 

You only pay your attorney/representative if you win.  Otherwise, the legal work is free.
________________
The Forsythe Firm
Social Security Representation
Free consultations * Pay a fee only if you win
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE WEBSITE 

WHAT YOU MUST PROVE IN COURT TO GET DISABILITY BENEFITS

If you've applied for Social Security disability benefits, there is better than a 70 percent chance that you will be denied and headed to court to get a second chance at your benefits.  And, while your odds in the hearing are better than at the first level, you can't assume anything.  The administrative law judge will look for certain key ingredients to determine if federal law permits you to receive SSDI benefits.  Here are some key things to focus on during your hearing:

Alleged Onset Date (AOD):  This is the date you have chosen to state as the beginning of your disability.  This is also the date the court will begin payments, if you can prove it.  Two things are essential concerning the AOD:
  1. You must not have worked at any substantial gainful activity since the AOD.  That would be disqualifying.
  2. You must have medical records to prove that you were disabled on the AOD.  If not, the AOD will be moved forward with the potential loss of back pay and a delayed Medicare eligibility date.
HOW MEDICAL PROBLEMS TRANSLATE INTO FUNCTIONAL LIMITATIONS

Medical records usually establish what diseases or injuries you have.  What medical records don't do is to establish how these medical conditions restrict your ability function:  that is, how long can you sit, stand and walk?  How much can you lift?  How often can you bend, reach, kneel, crouch or crawl?  What are your limitations with the use of your upper extremities (grasping, holding, fingering)?  Taken together, these functional limitations will establish what the court calls your residual functional capacity (RFC).  The RFC, in turn, establishes what kind of work you can still do.  That, finally, determines whether you can get a disability benefit.

So, if the RFC is not established by the medical record, how do you establish it?  The residual functional capacity will be established in one of two ways.  The judge will make one up or one of your treating doctors can provide one for the judge to consider.  The latter method nearly always works out better for the claimant.

So, how does your doctor provide a residual functional capacity for the court to consider?  He/she does it by filling out a form, usually called a medical source statement or a treating source statement.  Two facts about this form:
  •  Your doctor does not have this form and has probably never seen it before.  You have to obtain it, present it to your doctor, and beg him/her to fill it out for you.
  • A letter from the doctor is not as good as the form; letters are never, ever as thorough and they never, ever cover all the bases.  
Letters from doctors nearly always violate federal rules that make them inadmissible and useless.  For example, most letters from doctors will say something like, "In my opinion, this patient is fully disabled and is not able to work."  Sounds good, but the statement violates 20 CFR 404.1527.  Your doctor is drawing a conclusion which federal law does not permit him/her to do.  The doctor may explain what your specific functional limitations are; however, the decision about whether these limitations constitute disability can be made only by the Commissioner of Social Security under the law.

If it sounds like there are traps and snares in the Social Security adjudication system it's because there are.  If I tried to list all of them, we'd be here all day.  


Best advice?  Hire a professional who knows the traps and snares and how to avoid them.  The value of an attorney or disability advocate is that he/she has traveled this road hundreds of times and knows where the pits and snares are hidden.  You might be able to figure it out eventually by trial and error.  Except, you only get one chance!  You get one hearing.  By the time you figure out how to win one of these things, you will be 104 years old or dead.  You need somebody who has a reasonable chance of winning your benefits for you right now, with just one try.  That spells professional help.
______________
Charles W. Forsythe
Social Security Representation
Huntsville   Decatur   Athens   Cullman   Florence    Pulaski

CALL US:  (256) 799-0297

E-MAIL ME:   forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE 



 

Thursday, October 25, 2018

SOCIAL SECURITY DISABIITY IN NORTH ALABAMA. WE CAN HELP YOU!

The Forsythe Firm may be able to help you get Social Security disability benefits, including thousands of dollars in past due benefits that have resulted from your unfair denials.

Over the past decade, our firm has recovered millions of dollars in government benefits for claimants in north Alabama and southern middle Tennessee.

1.  We never charge you for our service unless you win and recover past due benefits in a lump sum (in addition to a monthly check).

2.  It is common for disability applications to be denied in the first stage.  Social Security denies far more applications than they approve.  

3.  Claims are more often won by an appeal and attending a hearing before a special judge.  This is our specialty.  We will ask the judge to pay you all the way back to the date you first became disabled.*

4.  We will talk to you and evaluate your claim for free and with no obligation.  If we don't believe we can help you, it will cost you nothing.  If we represent you, no fee will be due until you are approved and paid by Social Security.  Then, they will deduct our approved fee and pay us directly--because we are eligible for Direct Pay by Social Security.

5.  You always keep 100 percent of your monthly benefit checks.  We do not seek any part of your checks.  Any fee that Social Security approves for us will come from your back pay settlement.

You will be dealing with a local Social Security disability advocate who does nothing but Social Security cases.  What do you have to lose?  Call us today and let's see if we can get you paid!
___________________
THE FORSYTHE FIRM
Social Security Representation
Huntsville, AL 35806
PHONE (256) 799-0297
Serving all of North Alabama

SOCIAL SECURITY JUSTICE WEBSITE

ATHENS AL DISABILITY HELP

If you live near Athens, AL and need help getting Social Security disability benefits, contact the Forsythe Firm.

When you apply for disability, there is an 80 percent chance of denial.  The letter usually says, "This is because you are not disabled according to our rules."

"Our rules" is the big problem.  Social Security usually defines a disability as being unable to perform any type of work, even unskilled minimum wage jobs.  So, Social Security typically admits that you can't perform you regular work....but they say there are other types of work you can still do.  Hence, a denial.

If we represent you, we will seek ways to use the rules to prove that you are disabled and that you are eligible for a check.  Do we always win?  No, of course not.  But our track record is very good.  And if you don't win we will never charge you a fee.  We will also never charge you for any of our expenses in trying to help you.

What usually happens when you call the Forsythe Firm?

1.  We will get some information from you:  your age, the status of your claim, what your medical problems are and a little about your past work.

2.  If it looks like you have a claim we can work with, we will set up a free consultation at our local office.  You will come in for a face-to-face consultation where we will more fully explain our representation and how we plan to help you.

3.  You will sign a "Contingency Fee Agreement."  This agreement states that you will not owe us any fee or other money unless you win your claim and collect back pay (past due benefits) from Social Security.  

4.  Your advocate will meet with you personally and explain what must be done to win your case.  Usually, this will involve a hearing before a US Administrative Law Judge (ALJ), which we will prepare for.

SHOULD YOU CHOSE A LOCAL ADVOCATE OR CALL ONE OF THOSE 800 NUMBERS ON TV?

Your choice of advocate is up to you.  If you call an 800 number from TV, however, your call will probably be answered by a call center in a distant city and you will not see your advocate until the day of the hearing, which may be two years away.  If you call our local number, you get us, not a call center.  You will meet us right away and the person who interviews you at your first appointment will, in most cases, be the person who represents you at your hearing.  We have offices in North Alabama, not Los Angeles, New York or Dallas.  You may also find that our service is more personal.
______________
THE FORSYTHE FIRM
Social Security Representation
Athens   Decatur   Huntsville  Florence  Cullman   Hartselle
CALL US LOCALLY:  (256) 799-0297

SOCIAL SECURITY JUSTICE (WEBSITE) 

E-Mail us:  forsythefirm@gmail.com

Wednesday, October 24, 2018

HOW CAN YOU BE DISABLED BUT NOT ELIGIBLE FOR A BENEFIT?

Unfortunately, it is quite possible for an individual to be disabled and still not entitled to a disability benefit under the law.  How is this possible?

One way is to wait too long to file a claim.  Disability coverage expires.  You only have a certain number of years to file a claim after you stop working.  Wait too long and it doesn't matter if you are disabled, your coverage has lapsed and you can't get a benefit.

Another way is to work at substantial gainful activity while trying to get a disability claim approved.  People tell me all the time, "I am really disabled but I'm forced to work to keep my home..."  In the eyes of the government, if you are working you are not legally disabled. 

In another really unfortunate scenario, an individual may have disabling conditions but lack the medical evidence to prove it.  Persons with no medical insurance, no job and limited financial resources may have trouble going to the doctor for treatment.  Thus, they lack the evidence to convince the government that they are legally disabled.  The only solution to this problem is to find a way to see a doctor and get the evidence.

A related problem is claimants who do have medical evidence, but not from an "acceptable medical source."  Social Security wants evidence from a medical doctor.  They may not accept evidence from a counselor, chiropractor, therapist or nurse practitioner.

Most claimants are quite surprised to see how skeptical judges are when they appear before them.  Nearly all judges will take the stance that if it isn't in the medical record, it can't be counted as credible.  This is because federal law requires consistent objective medical evidence of a disabling impairment. In other words, Social Security wants X-rays, MRI imaging,laboratory tests, or other studies to explain your symptoms and problems.

For example, a claimant may testify that he can stand no more than 20 minutes, sit no more than one hour and walk no further than 200 feet without resting.  The judge will want to know (1) Where is the medical evidence showing an impairment that would result in these kind of restrictions?-- or (2) Is there a medical source statement where your doctor places these restrictions on you?

Someone has said, "The path for Social Security disability benefits runs through your doctor's office."  This is a true statement.

A good attorney or representative will act as liaison between your doctor and Social Security, helping to insure that the medical evidence is there before the day of the hearing--and helping the judge to find the evidence needed to approve your claim.

 



 

Thursday, October 18, 2018

SSDI IS NOT SMALL POTATOES

What is the average Social Security disability claim worth?
You would be surprised to know that it's not small potatoes!

The average SSDI claim in 2018 is worth over $400,000.  And this doesn't include the value of Medicare health insurance that can pay hundreds of thousands of dollars in additional benefits.

It is true that you may have to fight to get your SSDI claim approved.  Social Security's rules are tightening and many more claims are denied than approved these days.

You may have to appear before an Administrative Law Judge (ALJ) for a hearing before you can be approved.  This is because Social Security does not give you the benefit of the doubt.  Each fact in your case must be proven with evidence that is acceptable to Social Security and the US government.

If you need expert assistance with a Social Security disability claim, please consider the Forsythe Firm in Huntsville.  We handle cases all over Alabama and middle Tennessee.  There is never a fee for our service until you are approved and receive past due benefits from the government.  We also offer free consultations.
______________
The Forsythe Firm
Social Security Representation
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

Email us:   forsythefirm@gmail.com

YOUR SOCIAL SECURITY CHECK WILL INCREASE IN 2019

The Social Security Administration (SSA) has just announced an increase in the amount of checks for 2019.  There will be a 2.8 percent raise for most beneficiaries beginning January, 2019.  This is a cost of Living adjustment.

The average beneficiary will notice about a $30 per month raise in their check next year.

In Alabama, about 160,000 persons receive Social Security payments.

 

SEEKING SOCIAL SECURITY DISABIILTY

Seeking Social Security disability benefits can be the most frustrating thing you have ever experienced.  The rules are complicated and confusing.  The process is slower than the arrival of a kid's Christmas.  And far more cases are denied than paid.  

There are some things you can do, however, to preserve your sanity.  

1.  Consider appointing a representative who understands Social Security's unique language.  As a judge recently told a claimant, "Get a representative who speaks my language and come back."  Legal representation costs you nothing up front and you will never pay a fee unless you are successful.  The amount of the fee you eventually pay depends on the amount of money your representative recovers for you.  And fees are governed by federal law.

2. Be sure your medical file is complete prior to your hearing.  Your hearing is a one time chance to explain your case to the judge.  Judges cannot give you a favorable decision without current and complete medical evidence.

3.  Enlist the help of your doctor.  No one knows your medical condition better than your own doctor.  Ask him or her to provide a Medical Source Statement to Social Security that explains your symptoms and their severity.

4.  Consider how your past work will impact your chance of approval.  If you are over age 50, past work will play a major role in your decision.  At age 55, past work may be the most important factor.  Knowing the grid rules can give you a major advantage as you plan your legal strategy.

5.  Be sure you can defend your alleged onset date (AOD), i.e., the date you claim your disability began.  This date often gets challenged by Social Security and you need a strategy to defend the AOD.
____________
The Forsythe Firm
Social Security Representatives
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
PHONE (256) 799-0297

Email us:    forsythefirm@gmail.com

 

Sunday, April 8, 2018

TV LAWYERS

Many people hire a disability representative by calling a toll free number they see on late night TV.  Then, they are surprised that the lawyer who shows up for their hearing is nothing like the guy on TV.


Keep in mind that the people who make TV commercials are most likely actors--hired because of the way they look and speak.  In many cases, they are not lawyers or advocates at all, just actors, paid to read a script and produce TV commercials.

You certainly cannot ask these TV spokesmen any questions.  In most cases, the firm which answers your phone call will be thousands of miles away in a distant city.  You won't even meet your attorney/advocate until a few minutes before your hearing. 

Here is what's more surprising.  The lawyer who shows up for your hearing will probably be from right here in Huntsville or a nearby town.  The big firm you called will not fly a lawyer down to Alabama, it's too expensive.  They will contract with a local lawyer who is already here and pay him/her to attend your hearing for them.  The only problem is, you don't get any say so about who represents you, they just show up.  So you get a representative assigned to you-- sight unseen.

Wouldn't you rather hire your own attorney/advocate and get to choose the person who is going to represent you?  Some questions for the out-of-state firm you call before you commit:

1)  Where is your office located?
2)  Do you have an office in Alabama?
3)  Who will actually show up for my hearing?
4)  When will I get to meet this person?



Saturday, April 7, 2018

VETERANS - YOUR PAST MILITARY SERVICE CAN HELP WIN SSDI

The past military service provided by veterans may help them be approved for Social Security disability benefits.

This is because Social Security must consider all "past relevant work" performed prior to filing for disability--but only looking back for 15 years.

Since military service is usually performed at a heavy exertion level, it is easier to reach a conclusion that the claimant cannot continue to perform such work.

When applying for SSDI benefits, be sure to completely fill out the Work History Report and accurately show the amount of lifting, standing, bending, reaching, crouching, crawling and walking associated with each job held during the past 15 year period.

I should note that Social Security is likely to deny veterans on their first attempt.  The chances are much better at the appeal level.  I can usually mount a pretty good argument that the veteran is not able to meet the requirements of any job performed in the military--or any other full-time job in the national economy.

Unfortunately, many former service members have severe symptoms of PTSD, depression or anxiety.  Under SSR 85-15 and SSR 96-9p, this may qualify the veteran for SSDI benefits.

Understanding how Social Security reaches their decisions can greatly help the veteran to be approved, especially at the appeal level.


Friday, April 6, 2018

TRICK QUESTIONS AT YOUR HEARING

I call them trick questions.  I'm not sure the judge calls them that.  But these are questions that can quickly derail your Social Security disability hearing and head you off in a bad direction.  Here are some examples:

1. Why did you quit your last job?  Or, why did you stop working?

If you can't honestly answer that you quit working because you were unable to continue, then you are not a good candidate for the Social Security disability program.  It is a disability program and disability is the only thing they will pay for.  They will not pay for being laid off, your company closed, all the employees had to transfer to Topeka, or you had to stay home and

2.  After you stopped working at (Employer), did you look for another job?

If you answer yes, it sounds like you believed you were able to work but just couldn't find a job.  This question really goes back to Question 1.  If you were able to find another job and continue working, then you were not disabled.  Many claimants truthfully answer something like this:  "I did not look for work because I didn't feel I would be able to hold a job because of (pain, migraines, seizures....etc.). 

3. Have you worked since your alleged onset date?

If the answer is yes, it could be a problem.  If you answered yes, let's look at your work after alleged onset to see if it rules out Social Security disability benefits.

First, was the work performed at substantial gainful activity (SGA)?  In 2018, it is SGA if you had gross earning of $1,180 per month.  This precludes a disability benefit for the months you had this much earnings.  If your wages after your AOD were less than $1,180 per month, it technically doesn't preclude a disability benefit.  That SGA limit was $1,170 in 2017, $1,130 for 2016, etc.

Also, if you had post AOD wages at or above the SGA limit, but the job lasted less than three months and you were forced to quit because of your medical condition, you can argue that the job was "failed work attempt."  In other words, you tried to go back to work but were not able to do so.

There are a dozen or more questions that you should anticipate before going to your disability appeal hearing.  Being prepared to give accurate, truthful information may help you avoid confusion and compromising your benefits (or back pay). The most perplexing questions often have very simple answers!  

Wednesday, April 4, 2018

HOW I APPROACH A DISABILITY APPEAL

Most disability claims are denied by Social Security and must be appealed.  The appeals are rather complex and I want to share how I approach preparing an appeal case.

An appeal is really taking the denied case before a US administrative law judge for a hearing.  This is the only time the claimant gets to sit down face-to-face with a decision maker.

First, it is absolutely essential to obtain and submit all medical records prior to the hearing.  This gives the judge ample time to review what is in the claimant's medical files.  The decision ultimately will rest on evidence contained in these files.  I will be very involved in getting all the medical files from doctors and other treatment providers.

Next, the medical records must be read and analyzed.  What severe impairments does the claimant have?  Where are they documented?  What are the restrictions in function or activity reasonably produced by the impairments?  In other words, how do the symptoms translate into the inability to perform work-like activities?

The claimant's vocational record must be analyzed.  At Step 4 of the decision-making process, a judge will review all the jobs the claimant has held during the past 15-years.  If the judge finds that even one of these "past relevant jobs" can still be performed by the claimant, the case will again be denied. So, work history needs to be set forth accurately.  It is most important to properly classify each past job in terms of skill level and exertion level.

Most likely, I am going to contact the claimant's doctors and try to get statements supporting the disability claim.  What I really want is a form called a "Medical Source Statement" from the doctor listing specific functional limitations--things like limitations on sitting, standing, walking, bending, lifting, memory, concentration, etc.

Also, I am going to analyze the entire body of evidence in relation to Social Security laws and regulations.  I will be looking for a legal theory of the case:  how do the regulations direct a finding of disability and approval of an award?  The judge is bound to follow the law and I want to help him or her get to the correct decision as easily as possible.  I nearly always submit a detailed written brief to the judge which maps out a legal reason to pay the claim.  Does the claimant meet one of the Listings?  Is there a Medical-Vocational Guideline that directs a favorable decision?  Does the claimant have any transferrable skills?  A lot of questions to answer!

Another important step is to meet with the claimant prior to the hearing date and prepare for testimony that will be given during the hearing.  The claimant needs to know what to expect.  What questions may be asked?  What is meant by specific answers?  What are the strong points in the case?  The weak points?  What problems may we encounter at the hearing?  How do we avoid these problems or deal with them if they occur?

There are probably a thousand other details that I will address prior to the hearing date.  I view a disability appeal as a complicated jigsaw puzzle.  The pieces are never put together right until someone finds all the pieces and arranges them to show a complete picture.  That is my job. 

A friend of mine, who doesn't have a clue what a disability appeal involves, once told me, "You have a great job.  You spend 30 minutes in a hearing and earn a nice fee."  Of course, that's not true at all.  I spend dozens of hours on a case before it ever gets to hearing.  A good student does not spend 30 minutes taking a test and just happen to make an A.  He studies long and hard before the test and that work pays off during the 30 minutes of the test.  That's a pretty good analogy of the work that must be done prior to a hearing.  The preparation is intense, personal and detailed.
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Contact Charles Forsythe at (256) 799-0297




BACK PAIN & SOCIAL SECURITY DISABILITY

Back pain is a very common problem and the Number One reason people get placed on Social Security disability.  However, getting approved because of back pain is not easy.

I want to share some scenarios that will help your case be approved if you have back problems:

1)  You are age 50 or over.  Social Security is very reluctant to put anyone under 50 on disability.  It is tougher for younger individuals.

2)  There is fairly recent CT, MRI or X-ray evidence in your medical records that show a physical cause for back pain.  That might be a herniated or bulging disc, central canal or neuroforminal stenosis, compression of a nerve root, etc.

3)  You have a steady work history. 

4) Your past work involved a lot of standing/walking, lifting, bending and physical exertion.

5)  You have been advised to have back surgery because of a severe spinal impairment.

6)  You had back surgery in the past which failed.

7)  You are severely limited in your activities of daily living:  shopping, cleaning, meal preparation, driving, and the other things we all do everyday.

8)  There is current medical treatment and you are compliant with your doctor's recommendations.

9)  Your treating doctor is willing to assist you by completing a Treating Source Statement, which is a special form specifying your exact limitations in such functioning as sitting, standing, walking, bending, lifting, etc.  This form does NOT require a special examination.  It provides the doctor's professional opinion as to how limited your ability to function is.

Ultimately, Social Security decision makers have to translate your medical evidence into vocational restrictions.  What kind of work can you still do?  Are you able to meet the requirements of any of your past jobs?  Can you perform any other jobs available in the national economy (especially pertinent for claimants under age 50).

Generally, if Social Security feels that there is some work you can do on a full-time basis, they will deny the claim.  If your symptoms are so severe and so persistent that there is no full-time work that you can do, there is a good chance of approval.

Some things will NOT be considered in a disability claim:
  • Nobody will hire me, or I can't find a job.
  • I can't live on minimum wage.
  • I would not be interested in that type of work.
  • There are none of those jobs in my local community.
  • I don't have the skills to get a job.
None of these things are disability issues.  I would describe them more as employment problems. 

My office will be glad to look at any potential disability claim and evaluate it based on current Social Security regulations.  If we agree to represent you, there is no fee unless you are successful in recovering back pay.





Monday, April 2, 2018

CAN YOU GET DISABILITY BACK PAY?

Most claimants who go through the appeal process do receive back pay. 

Disability payments may be retroactive back to the original date of disability onset, or one year prior to the date of application, whichever is the latest date.

Back pay is calculated, then, by two factors:

1)  The date you are determined to have become disabled

2)  The date you filed your application for disability benefits (not the appeal, the original application).

The medical evidence must support the alleged onset date.  If not, the decision maker will find a later than alleged onset date and reduce the back pay for a shorter time period. That's one reason why complete medical evidence is so important; it can mean more back pay.

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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Madison Pike, Suite 108
Huntsville, AL 35806

(256) 799-0297       Free consultations

Saturday, March 31, 2018

BEATING THE SOCIAL SECURITY ODDS

I just looked up Social Security's record of disability applications filed between 2005 and 2014.  During that 10-year period, the average approval rate was only 23 percent.  Wow!  77 percent got denied at the application level and had to appeal. (I show this chart on the bottom of this post).

Fortunately, a high percentage of those denied claims were later approved on appeal.  That is, when an administrative law judge (ALJ) listened to the claimant and reviewed the medical evidence during a hearing, the benefits got paid, in a large percentage of cases.

Here is the chart for the period 2005-2014, and the numbers have not changed much since 2014.  (The numbers have not improved recently).

Area chart linked to data in table format.

 If you're one of those unfortunate claimants who recently got a denial letter, please call the Forsythe Firm.  Our full-time job is helping honest, hard working people in Alabama to get approved for Social Security disability benefits--when they really deserve it.  If we don't get benefits for you, we work free.  And there's never an upfront cost to you.  We even buy the medical records needed for the judge.

PHONE (256) 799-0297 for a free consultation.

We never charge you a fee unless your claim is successful.

IRRITABLE BOWEL DISEASE & DISABILITY

There are a number of inflammatory bowel diseases which can so interrupt the workday as to make an individual disabled.These would include Crohn’s disease, ulcerative colitis, schistosomiasis and amebic colitis, among others.  Such illnesses are evaluated in Section 5.00 of Social Security's Blue Book.

These illnesses may preclude the ability to perform any full-time work because of regular symptoms, including:
  • need to take frequent unscheduled restroom breaks
  • unscheduled time away from work station to use the restroom
  • need for a work station near an always-open restroom
  • gastric pain that interferes with attention and concentration
  • excessive missed days from work due to symptoms
  • medication side effects
Judges are usually going to want to see treatment using various medication and to see that the treatment does not eliminate your symptoms. A form called a "treating source statement" from the claimant's doctor can be very supportive.  When possible, I also try to get statements from former employers or co-workers about how the symptoms caused problems performing work.  These are often winning cases.
 

CHOOSING AN ADVOCATE

You are likely to be working with your disability advocate or attorney for a long time.  Choose with care.  Some questions to consider:

  • Are you comfortable talking to your advocate?  Does he or she seem to have a personal interest in your problem?

  • Has he worked on cases similar to yours in the past?

  • Is the office in a safe, convenient location?  (Although, with Social Security claims, you may only have to visit the office once or twice).

  • What is the fee arrangement?  A contingency fee allows the advocate to collect a fee only if your case is successful.

  • Be aware that the lawyer who advertises on TV will NOT the be lawyer who shows up for your hearing.  TV lawyers hire professional spokesmen who often look like movie stars and are chosen to gain your confidence.  The person who shows up at your hearing will not be one of these guys!  The TV law firm may be in California.  They will contract with a local (Huntsville) advocate to attend your hearing.  Why let them chooseyour advocate?  Choose one yourself!  You have a right to choose your advocate.  Don't let an out-of-state firm do it for you!

 


BEST TIPS FOR GETTING DISABILITY BENEFITS

Getting disability benefits is different with each individual.  No two cases are alike.  But here are tips that always work to the claimant's advantage.

1)  Get regular medical treatment and stay compliant with your doctor's treatment plan.  Attend checkups, take medication as directed, etc.

2)  If you get a denial, appeal in writing within 60 days of the notice.  The right to appeal vanishes after 60 days.

3)  See if your doctor will complete a Treating Source Statement for you.  This is a form specifying your functional limitations and showing why you can't work.

4)  Consider seeing a specialist if you can.  For instance, see a cardiologist for heart problems, an orthopedic doctor for back problems, or a psychiatrist for depression or anxiety.

5)  Avoid "red flag" issues that will cause problems in your appeal, such as drinking, drug abuse or inappropriate use of prescription drugs.

6)  Get an attorney or advocate to prepare for your hearing and please, don't wait until the last minute to do so.  I often get calls saying, "I have a hearing next week and I need someone to represent me last minute."  This isn't fair to you because no one can be prepared for this kind of event in a week.  It may be impossible to submit new evidence because of the 5 business day rule.  So, even if your attorney gets something from your doctor that could win your case, it may not be possible to submit it because the deadline has already expired.  Give your representative enough time to work.

Call us for a free consultation.  (256) 799-0297

SSI vs. SSDI

The Social Security Administration has been put in charge of two very different programs:

SSI - Supplemental Security Income--called Title 16.

SSDI - Social Security Disability Insurance - called Title 2.

IN A NUTSHELL:

SSI is a welfare program for elderly and disabled individuals with few financial resources and very low income.  You get benefits you must (1) Be age 65 or over, or disabled; (2) meet the limits for income and financial resources.  You are not required to have work credits for SSI.

SSDI is a disability insurance program for workers.  It is obtained by earning wages and paying FICA tax on those wages.*  Most people need 20 quarters of work out of the past immediate 40 quarters to be covered by SSDI.  In other words, you must have worked 10 out of the past 20 years.  In addition, you must meet the same disability rules as you would for SSI.  There are no financial limits for SSDI.  You do not have to have limited financial resources or limited household income for SSDI.

The maximum benefit possible for SSI is $750 per month in Alabama.  The maximum benefit for SSDI is $2,788 (however, few people get this much).

To receive either an SSI or SSDI benefit, you generally must prove that you have a medical condition that prevents working at any full-time job. 

Be aware that Social Security will deny about 7 out of 10 disability applications this year.  If you are denied, you must file a written appeal within 60 days, telling Social Security why you disagree with their decision.  You also want to request to appear before an administrative law judge.

According to the 2017 national average, about 45 percent of persons who appear at a hearing with an administrative law judge will have their benefits approved.  This makes an appeal very worthwhile, especially since it doesn't cost anything to appeal.  (If you don't win, your attorney/representative cannot charge you a fee).

I recommend that you get qualified representation for your hearing.
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FICA stands for Federal Insurance Contribution Act, a law requiring a mandatory  payroll deduction tax to fund Social Security and Medicare. If you have not paid an adequate amount of FICA tax, you are not covered by Social Security disability benefits.