Dependents of disabled parents may receive Social Security payments. Generally, a dependent child must be under the age of 19 and still in school (has not graduated high school).
If you need assistance with a Social Security disability claim or appeal, please call me at the Forsythe Firm. We're conveniently located across from Bridge Street Town Centre here in Huntsville. We handle cases from all over Alabama and middle Tennessee. There is never a charge for our representation until you win and recover back pay.
Contact me at (256) 799-0297.
Social Security is the largest disability program in the world. The average beneficiary receives about $1,150 per month in disability benefits; however, the maximum benefit can be over $2,600 per month.
The basic requirements for a disability check: You have a severe and medically determinable impairment which has lasted, or is expected to last, at least 12 consecutive months OR to end in death.
When Social Security speaks of a severe impairment, they generally mean one that prevents the ability to work any full-time job.
Social Security has the most strict definition of disability of anyone providing disability benefits. It is much more strict than required by most private insurance companies, for example.
What does it mean that an impairment must be "medically determinable"? This means that the impairment must be diagnosed by a qualified medical practitioner using objective examinations, laboratory findings or other acceptable signs of disease or injury.
It isn't enough for a claimant to complain of back pain, for instance. Social Security will want an X-ray or MRI of the spine to show the cause of pain.
Here are some common problems claimants run into with Social Security disability claims.
- The claimant has not worked enough to be covered by Social Security disability (called Title 2).
- The claimant has worked but stopped working more than 5 years ago and Social Security coverage has terminated.
- There hasn't been much medical treatment, therefore, little or no medical evidence.
If individuals considering a Social Security claim will all my office, I will give them a free consultation and explain their options with regard to Social Security. We may also be able to help with the application process, including appeals that are often required to get a benefit approved.
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THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 325806
Call me for a free consultation
(256) 799-0297
Athens, AL is served by the Decatur Social Security office. There has not been a Social Security office in Athens for over 20 years.
Here is the contact information for the Decatur office:
717 McGlathery Lane
Decatur, AL 35601
PHONE (888) 289-9185
Since Social Security offices now serve several counties, they have discontinued local phone numbers and use toll free numbers. The above number rings at the Decatur, office.
There is also an office in Huntsville, located at 4970 Research Park Drive, NW. That office can be reached at (866) 593-0665.
After 10 years, Congress is finally trying to reduce the disability backlog which has now exceeded 1 million persons waiting on a decision for their disability case.
Attached to the new 1.3 trillion dollar spending bill for 2018, Congress increased Social Security's funding by $480 million.
$100 million will target reducing the 600 day average wait it takes to get a disability decision. Some members of congress noted that it often takes years to get a decision on a disability claim. In fiscal 2017, over 10,000 claimants died while waiting for a decision.
Since working makes individuals ineligible for disability benefits, claimants have to do without while Social Security struggles to make a decision, usually after a hearing before a judge. In 2018 there are over 1 million people waiting to get before a judge.
With an average wait time of 600 days, disabled individuals often do without essentials. They may lose their home, car, health insurance, life insurance and do without medical care.
The new budget provides $100 million for new judges and support staff. It allows $280 million to update information systems, allowing decision makers to work through cases faster.
While this sounds like a lot of money, disability advocates say it is a drop in the bucket.
Charles Forsythe, a partner at the Forsythe Firm in Huntsville, AL notes that it's been ten years since Social Security has had a meaningful budget increase. "The workload has at least doubled in the last ten years," Forsythe says, "while the staff has dwindled due to hiring freezes and budget cuts."
Forsythe says that he is hopeful that the budget increase will help the backlog of disability cases a little. "But I don't expect a miracle," he says, noting that it will take a long time for Social Security to dig out of the severe backlog.
"It's incredible to me that Huntsville, Alabama--with a metro-area population of over 400,000 only has one hearing room," Forsythe observed. "And they're now talking about closing that one." That would force Madison County residents to travel just to have a hearing.
"I don't know if the budget increase will save Social Security in Huntsville or not," he says.
You
have a Social Security hearing coming up on your disability claim. You
approach your doctor about filling out a form to support your claim.
The doctor is busy but offers to give you a letter, instead. Here's an
example of a doctor's letter:
"Mr.
Joe Claimant has been a patient of mine for over 20 years. He suffers
from back pain, migraine headaches, high cholesterol, high blood
pressure and depression. In my opinion, Mr. Claimant is not able to
work and is fully disabled." Signed [John M. Doctor, MD].
Why Social Security judges will probably ignore this letter?
The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law. (20 CFR 404.1527).
Doctors
are not permitted to decide who is disabled under the federal
regulations. The fact that your doctor believes you are disabled is not
dispositive.
It
would be far better if your doctor specified why you cannot work. For
example, if he provided your restrictions on such activities as sitting,
standing, walking, bending, lifting, crawling, kneeling, crouching,
paying attention, remembering, etc. Doctors are permitted to assess your
individual functional limitations, but not to draw conclusions about
whether you are disabled.
There
is a form that I like to use for doctors. It's called a Medical Source
Statement. Some people call it a Residual Functional Capacity form.
It nearly always carries more weight with Social Security decision
makers, especially judges, than letters do. The reason is obvious: the
form keeps doctors away from drawing conclusions and allows them to
estimate functional restrictions, according to Social Security
regulations.
I will provide this form free to anyone requesting it.
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THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
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, 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
If you need assistance with a Social Security disability claim or appeal, please call me at the Forsythe Firm. We're conveniently located across from Bridge Street Town Centre here in Huntsville. We handle cases from all over Alabama and middle Tennessee. There is never a charge for our representation until you win and recover back pay.
