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
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
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
"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.
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
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
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
