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
Sunday, October 28, 2018
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
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:
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:
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
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:
- You must not have worked at any substantial gainful activity since the AOD. That would be disqualifying.
- 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.
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.
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
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
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.
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
You would be surprised to know that it's not small potatoes!
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.
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
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
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