Friday, February 28, 2020

HAVE YOU WAITED TOO LONG TO GET DISABILITY BENEFITS?

Yes, there is such a thing as waiting too long to file a Social Security disability claim.  You earn coverage for SSDI by paying Social Security tax.  This tax is called FICA and it is collect by payroll deduction.  When you stop working you stop paying FICA tax and the countdown begins to ends your coverage under Social Security.

For most persons, you continue to be covered for SSDI (disability) for about 5 years after you stop working.  Then, you reach what is called your Date Last Insured or DLI.  This is the date when you are no longer covered for new SSDI claims.

Unfortunately, we talk to individuals every day who need to file a new disability claim.  However, they haven't worked in several years and they are no longer eligible for SSDI benefits, which requires some recent work.

The general rule of thumb is:  You must have worked at least 5 years out of the most recent 10 year period.  (This rule is relaxed for younger persons who aren't old enough to meet this requirement).

Are you still covered?  The sure way to find out is to call your local Social Security office and ask.  

If you think you may be disabled, you should explore filing a new claim right away.  The longer you delay the greater the risk that you will lose your covered status with Social Security.  

Social Security is a type of insurance.  It is disability insurance mandated and sold by the US government.  It covers only workers.  It comes with a beginning date and ending date, just like all other insurance.  You paid for it through payroll deduction at work.  It expires at some point after you stop working.

FICA stands for Federal Insurance Contribution Act.  It is the tax that pays for Social Security and Medicare.  Almost every worker pays FICA by payroll deduction.  Look at your pay stub.  See the amount deducted for FICA?  That's your Social Security tax.  It has been a required federal withholding tax since 1935.

HOW MUCH SSDI BENEFIT CAN I GET?

Let's talk about two numbers.  The maximum SSDI benefit in 2020 and the average SSDI benefit in 2020.

Maximum disability benefit:  $3,011 per month.

Average disability benefit:    $1,258 per month

Your actual monthly benefit is calculated using your lifetime earnings as a guide.  The longer you have worked and the higher your earnings have been, the higher your benefit will be.

Thus, an individual with a high paying job who has worked for 30 years will have a higher benefit than someone with a sporadic history of low-paying jobs.

The next question:  How do you qualify for SSDI benefits?

You must have a severe impairment, lasting at least 12 straight months, which renders you unable to perform any full time work.  Also, the impairment(s) must be medically proven.  There must be doctor's records to show the nature and severity of the ailments that prevent working.

Over 75 percent of applications are initially denied. The first appeal (called "Reconsideration") is also usually denied.

The second appeal takes you before an administrative law judge for a hearing.  The average approval rate at the hearing level is about 45 percent.

If you would like a free case evaluation please contact an experienced disability advocate with a local firm, such as the Forsythe Firm in Huntsville.

Thursday, February 27, 2020

3 THINGS TO LOOK AT WHEN FILING FOR DISABILITY

Three things can help you get approved for Social Security disability (SSDI):

1.  The Listings.  These are published guidelines of the impairments that automatically qualify for disability benefits, if your symptoms are as severe as those found in the listings.  While only a small percentage of claimants will meet a listing, this should be considered.

2.  The Medical Vocational Guidelines.  These "grids" often help a claimant who is age 50 or over to be approved.  These are charts which consider the combined factors of age, residual functional capacity, previous work experience, and education to direct a decision.

3.  A Doctor's Evaluation of your Residual Functional Capacity (RFC).  If your doctor will provide a detailed estimate of your functional restrictions, it can help get your claim or appeal approved.  This requires a specific statement of functional ability, not just an opinion that you are disabled or cannot work.  The following doctor's statements are NOT useful:

A.  "This patient, in my opinion, is not able to work.  He should be given full disability benefits."

B.  "In my professional opinion, this patient is totally disabled.  She has severe arthritis which renders her unable to work a full-time, or even a part-time job."

Why are these statements useless?  For two reasons:

  • They draw conclusions which only the Commissioner of Social Security may make.  Doctors cannot say who is disabled and who is not.
  • The statements are much too general or vague.  They do not address specific functional limitations, such as restrictions in the patient's ability to sit, stand, walk, bend, lift, kneel, reach, etc.
Well meaning doctors often tell patients, "You qualify for disability.  Take this letter to Social Security and you will be approved."  

However, if your doctor completes the proper paperwork, it can have a great impact on getting your disability claim approved.

I JUST GOT A DENIAL LETTER, NOW WHAT?

I just received a denial letter from Social Security.  It says:

You do not qualify for a disability benefit.  While the evidence shows that you are not able to perform your past work, you are able to do most activities.  Therefore, you are able to perform some types of work.

What should I do now?

File an immediate appeal.  This is called a "request for reconsideration."  By law, you have 60 days to file; however, there's no reason to wait that long.

In about 98 percent of Reconsideration appeals, the claim is denied for a second time.  (Reconsideration in Alabama is currently taking about 4 to 6 weeks).

When your reconsideration appeal is denied, file another appeal at once.  This appeal sets you up for a hearing with an administrative law judge (ALJ).  The hearing is your absolute best chance to be approved.  

So, when you get that denial letter, you will need to file an appeal for reconsideration.  When that is denied, file yet another appeal for a hearing.

The disability process in Alabama has recently become more complicated, more confusing and more difficult.  Prior to October 2019, you only had to file one appeal.  Now, you usually need to file two.

Because of this, too many people give up and quit.  This is a mistake.  Very few people ever get disability without going through the full two-step appeals process.  

If the idea of handling these complicated processes seems overwhelming, or just not something you want to take on, consider contacting an attorney or disability advocate to help you.  Once you appoint representation, your advocate can handle most of the details for you--freeing you up to stop worrying about the case.  Best of all, the advocate will not charge you a fee until you win and collect past due benefits from Social Security.

Tuesday, February 25, 2020

VETERANS Q & A ABOUT SOCIAL SECURITY

Disabled veterans often qualify for additional benefits from Social Security in addition to their VA disability and/or pensions.  Receiving Social Security disability benefits will NOT reduce your VA benefit.

Q.  If I am found to have a significant disability rating by the VA, is Social Security disability automatic?

A.  No.  Social Security is a totally separate process and requires a separate application.  Also, the Social Security rules are not the same as the VA's rules.

Q.  What is the maximum monthly Social Security disability benefit?

A.  $3,011 per month as of 2020, plus any possible additional payments for dependents.

Q.  If I have a 100 percent VA disability rating, will I qualify for Social Security disability?

A.  It is very possible but not guaranteed.  Social Security has their own rules for disability.  The process is totally different.  With Social Security, you are totally disabled or not disabled at all.  There are no percentages of disability like there is with VA.

Q.  If a veteran has less than 100 percent VA rating, may he or she still receive Social Security disability (SSDI)?

A.  Yes, quite possibly.  The question Social Security must ask is, does this person have an impairment which significantly effects the ability to perform full-time work? A 100% VA rating is not required. A rating of 70 percent or higher is a good indication that you may qualify for SSDI benefits.

Q.  My disability is not directly related to military service.  May I still be considered for Social Security disability?

A.  Yes.

Q.  How long does it take to get approved for SSDI?

A.  In can take anywhere from 60 days to 2 years, depending on several factors.  A 100% VA disability rating does not guarantee Social Security approval; however, it DOES provide the veteran with much quicker claim service (an expedited review).

Q.  What is the advantage to having an advocate or representative help me with my Social Security disability claim, appeal or hearing?

A.  An experienced advocate knows what evidence is required, how to get that evidence, and how to argue your case with a judge or other adjudicator.  The advocate will also be familiar with Social Security procedures, regulations and requirements.  The advocate cannot charge you a fee until you are approved and paid for past due benefits under your claim.  If you are not approved (or approved and not paid past due benefits) - you cannot be charged for either a fee or out-of-pocked costs incurred by the advocate.  So the advocate's assistance is risk free.

For more information, please contact:

The Forsythe Firm
Attention:  Charles W. Forsythe
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806  (Next to Redstone Arsenal)

PHONE (256) 799-0297

SOCIAL SECURITY JUSTICE in HUNTSVILLE

VETERANS AND SOCIAL SECURITY DISABILITY

Disabled veterans often qualify for Social Security disability benefits in addition to their VA benefits.

Here's a quick checklist of facts for US veterans:

1.  Veterans paid into Social Security out of every paycheck.

2.  Veterans are covered by both VA and SSDI benefits.

3.  Getting a Social Security benefit does not, in any way, reduce or compromise your full VA benefit or military retirement pay.

4.  VA and Social Security have different rules and different systems.  SSDI is not automatic when you get approved for a VA benefit.

5.  Social Security disability requires a separate application and, often, a separate appeal process.

6.  Social Security disability can pay up to $3,011 per month.  The actual benefit is based on your lifetime earnings.

7.  Veterans, like everyone else, often get denied on the first try.  An appeal will likely be necessary to get approved.

8.  Unlike VA disability, Social Security has no degrees or percentages of disability.  You are either disabled or not disabled, nothing between.

9.  You have the right to an advocate/attorney to represent you.  You cannot be charged any legal fees unless you are approved and receive back pay from Social Security.

10.  Veterans do have some special rules with Social Security that may be helpful.

  • If you have a 100 percent permanent, total VA disability rating, you are entitled to expedited review at Social Security.
  • You may be able to apply for SSDI benefits while still receiving active duty pay under some circumstances.

My firm has successfully represented hundreds of veterans in Social Security disability claims and appeals here in Huntsville and north Alabama. Most of our clients come to us as referrals from clients we have previously represented over the years.  We are grateful for this trust.

Friday, December 7, 2018

GETTING DISABILITY BENEFITS IN ALABAMA REQUIRES A PLAN

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 

Thursday, March 29, 2018

GOOD NEWS FOR SOCIAL SECURITY APPLICANTS?

Attached to a new 1.3 trillion dollar spending bill, Congress provided a $480 million increase in Social Security's budget.  The hope is that this will reduce the backlog in disability claims, now forcing the average applicant to wait 600 days for a judge to decide if they can get disability benefits or not.

In fiscal year 2017, 10,000 people died waiting on Social Security to make a decision.  Claimants are encouraged not to work after they apply for disability--because working may cause a judge to believe the claimant is not disabled.  Therefore, many claimants go without essentials.  Many lose homes, cars, health insurance, life insurance, even their marriage.  

$100 million of the increase will target reducing the disability backlog by hiring more judges and support staff.  $280 million will go to updating information systems, allowing judges and staff to work through cases faster.

While $480 million may seem like a lot of money, advocates who work with the disabled say it's a drop in the bucket.

Social Security has gone for 10 years without any real increase in its budget.   At least, the new appropriation may keep the wait from getting longer and longer.
_____________
The Forsythe Firm
Social Security Disability Advocates
7027 Madison Pike - Suite 108
Huntsville, AL 35806
 
Call us for a free consultation
(256) 799-0297 


Update:  2/24/20.  I am happy to report that the wait time to get a hearing in north Alabama has been greatly reduced.  We are no longer waiting 2 years for a hearing.  Often, we get scheduled in 5 to 8 months after the appeal is filed.  Good news for claimants.

WHEN DEPRESSION IS DISABLING

I recently had a hearing before a judge who asked my client, "Why are you not able to work?"  My client replied, "Because of depression."  The judge said, "Everyone tells me that."

Judges hear from so many claimants who say they are depressed that they (the judges) often dismiss it.  But when does depression translate into a disability?

The answer is--when symptoms become severe enough to interfere with the ability to perform the functions of the workplace. 

Every job has certain functions that require mental abilities.  These include, but are not limited to:
  • remembering, understanding and completing simple instructions
  • making simple work related decisions
  • adjusting to routine changes in the work environment
  • responding appropriately to supervisors, co-workers and the public
  • Maintaining concentration, persistence and pace

Depression, anxiety and other mental disorders can interfere with the ability to work.  However, these severe limitations must be documented by medical evidence.  Here is what Social Security decision makers want to see:
  • Treatment by a qualified mental health professional (psychologist or psychiatrist)
  • Compliance with recommended treatment (take your medications)
  • Preferably, a Treating Source Statement from your doctor, specifying restrictions you would have in a work environment.
The question is not whether you are depressed.  The question is how will depression restrict your ability to work on a "regular and continual basis?"
__________
THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806



Call for a Free Consultation

(256) 799-0297

  SOCIAL SECURITY JUSTICE - WEBSITE


Sunday, March 25, 2018

DISABILITY DENIED: PROBABLY A MISTAKE

If Social Security denied your claim for disability benefits, there is a high probability it was a mistake.

How do I know this?  Because at least one-half of these denied claims will be paid when reviewed by an appeal judge.

When you apply for disability, Social Security sends your file to a state agency called the Disability Determination Service (DDS).  Nobody at DDS ever sees you.  In most cases, no doctor examines you.  Quite often, no doctor even reads your medical file.  A decision that you "do not meet our rules for disability" of often made by a non-medical professional (a clerical worker, basically)--called a "Single Decision Maker" or SDM.

When your case gets to an appeal judge, the opinion of the SDM is entitled to no weight.  If you can present medical evidence that would reasonably restrict your ability to work, your claim is likely to be paid at the appeal level. 

Since the opinion of the agency's Single Decision Maker is entitled to no weight legally, the opinion of your doctor may then be the only opinion in your file.  If so, your doctor's opinion should be "of great weight."  If I were handling your appeal, I would seek to obtain evidence from your treating physician(s) that demonstrates your inability to perform work activities "on a regular and continual basis," the Social Security requirement for disability.

Here's the bottom line:  If Social Security denies your disability claim, appeal immediately.  Your chances just get better with the appeal.

Remember, there is a strict 60 day deadline to file the appeal.

Unfortunately, I see cases regularly that could have probably won on appeal--but the claimant failed to appeal within the deadline.  Failure to appeal in a timely way may cost you to wait months or years while you file a new application and wait for it to go through appeals.  In some cases, failing to appeal a claim leaves you in a position in which you cannot even file a new claim because your "date last insured" has expired.

Don't Delay.  Appeal Today.

Your odds just get better when you appeal.

In fact, your odds are about twice as good on appeal compared to  the original application level.

THE FORSYTHE FIRM
Social Security Disability Representation
"Free consultations - No fee unless you win"
Huntsville, AL

Call Us  (256) 799-0297

            SOCIAL SECURITY JUSTICE - WEBSITE

Saturday, March 24, 2018

THE NARROW DEFINITION OF "DISABILITY"

Being disabled means different things to different people.  To get a benefit from the US Government, however, you must meet their definition of disability.

For non-blind individuals below the age of 50, being disabled according to Social Security means not being to perform any job that exists in the United States economy.

Further, a claimant must show that this disability has lasted, or is expected to last, 12 consecutive months OR to end in death.  So, no short term disability benefits.

You can see the bar you have to jump if you are not yet 50 years old--and high the bar is.

Let's take the case of Larry.  He is 47 with a high school education.  Larry has worked for 12 years as a construction foreman, on his feet all day, lifting up to 50 pounds frequently and up to 75 pounds at times.  His doctor has diagnosed degenerative disc disease in the lumbar spine, causing moderate central canal stenosis and radiating pain into the hips and legs.  The doctor has restricted Larry to lifting no more than 20 pounds occasionally.  He also restricted Larry to standing/walking no more than 4 hours per day.  So, his last work cannot be performed.

Up until 12 years ago, Larry worked as a counter sales associate for a wholesale plumbing supply store.  Here, he lifted no more than 10 pounds frequently and 20 pounds occasionally--but was on his feet 6 to 8 hours per day.

Social Security denied Larry's claim for SSDI benefits.  He appealed and took his case before an administrative law judge.  Here is what the judge decided:

Larry cannot perform one of his "past relevant jobs."  He cannot perform the work as a construction foreman.  However, this does not make Larry "disabled" under Social Security rules.  What about the other job as a plumbing sales associate?

The judge found that Larry is also unable to perform his past job as an inside plumbing sales associate because he would need to sit about once an hour due to back pain and he would not be able to stand/walk for the 6 hours required each day in that job.

So, Larry cannot perform any of his past relevant work?  Is he disabled?  Not according to Social Security.

Because Larry is under age 50, there is one more step.  Are there any jobs in the national economy that Larry would be able to perform?  (Whether Larry can find one of this jobs is not considered).

The answer is, Yes, Larry can perform some jobs at the sedendary exertion level.  These are jobs that can be performed mostly while sitting--needing to stand/walk no more than about 2 hours out of an 8-hour day.  The vocational witness gave 3 examples of jobs that Larry can do:

 
Also, the judge found that

WHY YOUR DOCTOR'S OPINION MATTERS

Your doctor's opinion is the most important evidence in your Social Security disability application or appeal.  It is more important than medical records, consultative reports, statements by friends or even the opinion of Social Security's own doctor.

Especially if you are headed for an appeal of your disability benefits, your doctor's opinion is essential and vital.  Some things you should know:

1)  Social Security will not request your doctor's opinion.  You or your representative must do so on your own initiative.

2)  Social Security may send you to one of their consulting doctors for an examination.  Usually, it isn't worth the paper it's written on.  It is most often used to deny your benefits.

3)  You doctor's opinion must meet certain evidentiary requirements.  The doctor may not ssimply say that you are disabled or that you aren't able to work.  The doctor must gives the specific reasons why you can't work in functional terms:  limitations in sitting, standing, walking, lifting, bending, concentrating, remembering, understanding, etc.  Only Social Security can reach the decision that you are disabled.  There is a form I like to use for doctor's opinions.

WHY YOUR DOCTOR'S OPINION IS SO IMPORTANT

1)  It may be the only opinion in your file.  If so, it is the opinion Social Security will probably rely on to decide your case. If you were denied, many times the decision to deny benefits was made by a "single decision maker" or SDM.  This is a Social Security employee who is not a doctor.  In a hearing or appeal, her opinion cannot even be considered.  However, your doctor's opinion will be considered.

2)  Your own doctor has examined and treated you; therefore, is in the best position to understand your conditions, symptoms and limitations.  Even if Social Security sends you to one of their consulting doctors for an exam, it is a one-time encounter with a doctor who has never seen you before.  It will last 20 to 30 minutes.  This is a very limited exposure to a doctor who knows nothing about you. Your doctor's opinion is worth a lot more weight.

3)  Most judges value the opinion of a doctor who has treated you over a long period of time, as opposed to one who only saw you once.  A lot of judges will ask the attorney/representative, "Do you have any opinion evidence form a treating doctor?"  They look for it because they know that a treating doctor knows the claimant's symptoms and limitations.

Judges will vary in their preferences and, while they follow the same set of rules, will conduct hearings differently.  Your representative will know what evidence to present, how to present it and how to most effectively argue your case.  ("Argue" here means to "present" or "make a case for...").

If you are a member of the armed forces, or a recently disabled veteran who needs Social Security disability benefits, please contact my firm in Huntsville.  We will work closely with you to gather medical evidence and opinions, develop your case and present it to the proper authorities for a resolution. 

We will never ask you for money.

When your claim is decided in your favor, Social Security will withhold the fee you have agreed to pay us and send it to us directly--based on the amount of your back pay.  If you do not receive back pay, there will never be a fee for any service we provide.

Social Security Justice - Website

Call US:  (256) 799-0297


WHY VETERANS GET DENIED FOR SOCIAL SECURITY BENEFITS

Veterans or disabled military personnel get denied for disability benefits for the same reasons other people get denied.

1)  The state system which makes disability decisions uses a flawed process that denies up to one-half of all applications erroneously.

2)  The initial decision making process errors on the side of Social Security.  They assume there is too much fraud and abuse in the system, so they are overly skeptical--even of legitimate claims.

3)  Their attitude seems to be:  Deny the claim, let a Social Security judge sort it out.

WHAT CAN YOU DO?

Appeal the denial as soon as possible but absolutely within 60 days of the decision notice.  After that, you lose appeal rights.

Get a professional to walk you through the appeal and hearing process.  It is a legal process where you must prove that Social Security made a mistake and you are legally entitled to benefits.  It is complicated.

Submit additional medical evidence that the original decision makers may not have seen.  This will include more recent medical records and, especially, opinions from your treating physicians.  Your attorney or advocate knows exactly what the appeals judge needs/wants. 

Prepare well for your hearing.  Your advocate/attorney is instrumental in this preparation because he/she has attended hundreds or thousands of these hearings and knows the ropes.

Take advantage of any regulation that helps you (a) get an earlier hearing and (b) allows you to collect maximum back payments.  For example, a veteran with a 100 percent permanent, total VA disability rating can qualify for expedited processing which saves months or years.  However, you must petition for this and submit documentation.

The Forsythe Firm here in Huntsville is experienced with veterans/military claims.  We will provide a free consultation and assist qualified claimants with no upfront cost and no fee until approved and paid.  We are located next to Redstone Arsenal, Gate 9, at the intersection of Old Madison Pike and Governors West (directly in front of Bridge Street).  It would be our pleasure to assist you.
______________________
The Forsythe Firm
Social Security Disability Advocates
PHONE (256) 799-0297

SOCIAL SECURITY JUSTICE FOR VETERANS

FREE CONSULTATIONS    PAY US ONLY IF YOU WIN!

Monday, March 19, 2018

ADVANTAGES OF SOCIAL SECURITY'S WOUNDED WARRIOR PROGRAM FOR VETS

US military personnel may get expedited Social Security disability payments if they are disabled while on active duty.  They may submit applications prior to leaving active duty under certain circumstances.

If a member of the armed forces or a veteran has a 100 percent permanent and total disability rating from the VA, Social Security will grant expedited processing of claims.

The Forsythe Firm has experience when it comes to dealing with these claims.  We offer free consultations and we never charge a fee unless your claim or appeal is settled favorably and you receive back payments.  There are no upfront payments to us.

Our office is located in Research Park near Redstone Arsenal, gate 9.  We are directly in front of the Bridge Street Town Centre.

Please call us for a free appointment.

(256) 799-0297

https://forsythefirm.wixsite.com/website

 

FREE LEGAL HELP WITH SOCIAL SECURITY DISABILITY - HUNTSVILLE OR N. ALABAMA

You can get free legal representation for your Social Security disability claim or appeal.

"Free" as in no upfront cost, no charge for a consultation, and a guarantee of no fees ever unless you win and collect back pay from Social Security.

What does this representation include?
  • Filing a complete, error free application
  • Assistance in gathering medical records
  • Correspondence/mediation with Social Security
  • Answering all your questions
  • Filing an appeal if required
  • Preparing for the appeal hearing
  • Attending the hearing as your representative
  • Making sure you get full benefits and back pay.
We handle Social Security cases from all over Alabama and middle Tennessee.  We will sit down with you in our office, prepare your application and forms and stay with it during the long process toward a decision.  If we represent you, we cover all expenses--such as buying required medical records and doctor's reports--until your claim is favorably settled.

Call us here in Huntsville for a free, local consultation.

The Forsythe Firm
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

"Across from Bridge Street"

https://forsythefirm.wixsite.com/website

A BETTER WAY FOR YOUR DOCTOR TO HELP YOU GET DISABILITY BENEFITS

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.
___________
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

Wednesday, January 18, 2017

Q&A ABOUT VETERANS SOCIAL SECURITY BENEFITS - HUNTSVILLE

Disabled veterans often qualify for additional benefits from Social Security in addition to their VA disability and/or pensions.  Receiving Social Security disability benefits will NOT reduce your VA benefit.

Q.  If I am found to have a significant disability rating by the VA, is Social Security disability automatic?

A.  No.  Social Security is a totally separate process and requires a separate application.  Also, the Social Security rules are not the same as the VA's rules.

Q.  What is the maximum monthly Social Security disability benefit?

A.  $2,639 per month as of 2017, plus any possible additional payments for dependents.

Q.  If I have a 100 percent VA disability rating, will I qualify for Social Security disability?

A.  It is very possible but not guaranteed.  Social Security has their own rules for disability.  The process is totally different.  With Social Security, you are totally disabled or not disabled at all.  There are no percentages like there are with VA.

Q.  If a veteran has less than 100 percent VA rating, may he or she still receive Social Security disability (SSDI)?

A.  Possibly.  The question Social Security must ask is, does this person have an impairment which significantly effects the ability to perform full-time work? A 100% VA rating is not required.

Q.  My disability is not directly related to military service.  May I still be considered for Social Security disability?

A.  Yes, as long as the disability began while you were in the military, regardless of whether or not it is related to or caused by military service.

Q.  How long does it take to get approved for SSDI?

A.  In can take anywhere from 60 days to 2 years, depending on several factors.  A 100% VA disability rating does not guarantee Social Security approval; however, it DOES provide the veteran with much quicker claim service (a quicker decision).

Q.  What is the advantage to having an advocate or representative help me with my Social Security disability claim, appeal or hearing?

A.  An experienced advocate knows what evidence is required, how to get that evidence, and how to argue your case with a judge or other adjudicator.  The advocate will also be familiar with Social Security procedures, regulations and requirements.  The advocate cannot charge you a fee until you are approved and paid for past due benefits under your claim.  If you are not approved (or approved and not paid past due benefits) - you cannot be charged for either a fee or out-of-pocked costs incurred by the advocate.  So the advocate's assistance is risk free.

For more information, please contact:

The Forsythe Firm
Attention:  Charles W. Forsythe
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806  (Next to Redstone Arsenal)

PHONE (256) 799-0297

ADVOCATES FOR VETERANS SEEKING SOCIAL SECURITY DISABILITY (HUNTSVILLE)

Advocates help veterans apply for, prove and receive benefits for disability.  Disability may or may not be service-related.

The Forsythe Firm in Huntsville, AL is a top rated advocate, helping veterans receive Social Security disability benefits (SSDI).

Social Security may pay a benefit in addition to any VA disability and/or retirement benefit.  Veterans who served in any branch of the armed forces since 1955 are covered by Social Security, in addition to their VA benefits.

As of 1/1/17, the maximum Social Security disability benefit is $2,639 per month, plus potential payments to dependents.

The Forsythe Firm will explain the process and requirements, help the veteran complete all paperwork, and then work to prove the case to Social Security's requirements.  

There is never a fee for the advocate unless the veteran is approved and receives a monthly benefit PLUS accumulated back pay.

The Forsythe Firm is veteran experienced and veteran friendly.  Located next to Restone Arsenal at 7027 Old Madison Pike, Suite 108, Huntsville, AL.  PHONE (256) 799-0297.

Please call for a free consultation.

(256) 799-0297.