HOW WE HELP VETERANS GET MORE PAY

                                                                        THE FORSYTHE FIRM
Disabled veterans have served their country and are entitled to benefits upon retirement or disability.  Social Security is the second tier.  The first tier of benefits is the Veterans Administration (VA).

Our firm has been helping disabled veterans receive more money from the Social Security Administration for decades.  Many veterans qualify for the maximum benefit of over $2,600 per month from Social Security--in addition to their VA disability or retirement benefit.

Social Security can be difficult to deal with.  They frequently deny veterans' claims that should be paid.  That's where we come in.  We will help you process your claim, gather the medical evidence and handle any appeals or hearings that may be required to get you paid.  Benefits of dealing with the Forsythe Firm include....

1.  Local firm - located next to Redstone Arsenal right here in Huntsville.

2.  Veteran experienced.  We help dozens of veterans every year.

3.  Knowledgeable, experienced advocates who know how to win SSDI benefits for veterans.

4.  We never ask you for money.  When your claim is favorably settled you will be paid by Social Security.  At that point, Social Security will pay us directly, according to the pre-agreed fee structure that we discussed at the time you appointed us to represent you.  If your claim is not settled in your favor, you never owe us a fee or any service we provided.  We get paid only if you do.

SOCIAL SECURITY JUSTICE 

CALL US TODAY  (256) 799-0297

THE FORSYTHE FIRM
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
"Across From Bridge Street"

WINNING DISABILITY CASES: THINGS YOU MUST DO

                       THE FORSYTHE FIRM

Need to win a Social Security disability case?  Some things you or your attorney representative must do:

1.  Get an RFC form from your doctor.  Your attorney/representative will know what this is.

2. Relate your medical conditions in the record to your inability to perform specific work activities, like lifting, bending, stooping, standing, walking, etc.

3.  Explain carefully any earnings you have been paid after your alleged onset date (the date you claim disability began).  Even if you had disability insurance money, rental income, child support, sick leave pay, retirement pay....whatever....it must be explained.

4.  Don't dare go into a hearing without your attorney/representative present.

SOCIAL SECURITY JUSTICE 

(256) 799-0297

WHO WILL BE PRESENT AT YOUR HEARING?

                         THE FORSYTHE FIRM
 
Understanding who will be present at your Social Security disability hearing, and knowing their roles, will help you understand the challenges you face--and how to prepare.

There are normally 5 persons present at a hearing.  Sometimes, additional persons may take part, such as a medical expert (Social Security doctor).  The 5 persons usually present are:

1.  The administrative law judge (ALJ) - an employee of the Social Security Administration, the ALJ will preside over the hearing, rule on objections and procedural matters, ask questions of the claimant and ultimately make a decision on the case.

2.  The claimant.  You are there to answer questions about your past work, why you can no longer work, your medical treatment, what activities you can/cannot perform, etc.

3.  Your representative is there to present your case in the most positive light, handle problems, answer the judge's questions and make legal arguments as to why you meet the federal requirements for a disability check.

4.  A vocational expert (vocational rehabilitation counselor) will be there.  His or her role is to classify your past relevant work, clarify the requirements for doing certain types of work, and to answer the judge's hypothetical questions that get to whether you can perform any of your past work or any other work in the national economy.  It is usually the testimony of the vocational expert that will get your claim approved or denied, although this is always predicated by the hypothetical questions the judge will ask.  In short, you want to impress upon the judge that you are severely limited in the ability to perform work activities so the ALJ will ask very limiting and restrictive hypothetical questions to the vocational expert.

5.  A hearing clerk is there to operate equipment and make a recording of the procedure.  He or she has no other direct involvement in the hearing.

I must emphasize that 90 percent of the work is done before the hearing takes place.  Ordering, submitting and evaluating medical records is a time-consuming and absolutely essential function.  Mapping out a way to get approval (legally) is an essential function:  Are we going to win by meeting a Listing?  Are we going to win by relying on a grid rule?  Are we gong to win by showing that the claimant cannot perform past relevant work or any other job in the national economy?  Each of these routes has a certain burden of proof.  Realizing the burden of proof and mapping out a way to get there is vital--and this occurs mostly in the months prior to the hearing date.

Of course, the best laid plans of mice and men so often go astray.  Therefore, the ability to deal quickly with roadblocks, problems and objections that arise during the hearing is also vital. 

SOCIAL SECURITY JUSTICE 

CALL US (256) 799-0297

* We will never ask you for money.  If you case is decided favorably and you are paid past due benefits, Social Security will pay any fee that we and the client have agreed to, and Social Security will pay us directly.  We are eligible for Direct Payment of Fees by the Social Security Administration.  You do not have to write us a check. 

MIGRAINE HEADACHES - CAN YOU GET DISABILITY BENEFITS?

More than 3 million persons are diagnosed with migraine headaches every year in the United States.  Many of these are chronic sufferers who get a debilitating migraine at least three times a month.

These chronic headaches may be disabling and may qualify for an SSDI benefit. The keys are frequency, duration and severity.

Classic migraines are often accompanied by symptoms of photophobia (sensitivity to light), phonophobia (sensitivity to sound), nausea and vomiting.  When migraines do not respond to treatment over a period of time, your doctor may label them "intractable."

In order to get Social Security disability benefits for migraine headaches, the three important questions are:  (1) Frequency of headaches and (2) severity and (3) duration.

How often do you get a migraine?  How bad are your migraines?  How long do they last?

If your headaches are infrequent, once a month or less, and respond to prescription medication such as Topimirate or Imitrex, they are probably not considered disabling.  If your headaches occur several times per month, last all day and would cause you to be absent from work, they may be considered disabling.

I win SSDI cases for severe migraine headaches when the medical evidence demonstrates that the headaches occur several times per month, are debilitating for several hours when they occur, do not respond to appropriate medical treatment and would cause excessive absences from work on a consistent basis.

Another fact to consider in these cases is the effect of pain.  Even if an individual shows up for work with a migraine, is the pain severe enough to interfere with concentration?  If I can demonstrate medically that migraines would frequently cause an individual to be off task at work more than 10 percent of the time, I can usually get SSDI benefits approved.  The same is true if migraines would force a worker to be absent more than about 2 days per month.

The key is medical treatment.  In addition to doctor's records, I would like to get a Treating Source Statement from a doctor who treats the migraine headaches.  This form will discuss frequency, severity, treatment and how the headaches restrict the ability to perform work activity on a "regular and continuing basis."

The best person to evaluate a claim for migraine headaches is an attorney or disability advocate trained in the disability rules and process.  Representatives who have taken cases before administrative law judges hundreds of times know exactly what the judges look for in such cases.  And they know the evidence that must be presented to be approved.

If you suffer from frequent, debilitating migraine headaches, I encourage you to keep a log or diary.  Write down how often migraines occur, how long they last and what other symptoms occur (nausea, vomiting, dizziness...).

THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297

SEE OUR WEBSITE HERE - MORE INFORMATION

 

VETERANS: WE HELP YOU GET DISABILITY

Disabled veterans - don't miss out on Social Security disability benefits.  You may qualify for more than $2,600 per month - in addition to your VA benefits.

Social Security is a major source of income for disabled veterans.

The Forsythe Firm in Huntsville has a top-notch track record for working with veterans.  We will help you qualify for benefits.  Our services include....

• Filling our applications and all the forms
• Gathering medical evidence to prove your claim
• Appearing with you at any hearings or legal proceeding
• Dealing with the US Government on your behalf
• Obtaining the maximum Retro / back pay for you

For a free consultation with no obligation, please call:

THE FORSYTHE FIRM
Charles W. Forsythe
7027 Old Madison Pike NW, Suite 108
PHONE (256) 799-0297
Huntsville, AL 35806 

https://forsythefirm.wixsite.com/website 

 

How Can I Get a "Free" Disability Lawyer?

Getting a "free" disability lawyer is easy.

Our advocates will represent you with no fee, no cost to you - nothing out of pocket....

...until you win your claim and receive the back pay you deserve.

At that time, Social Security will withhold our approved fee out of your back pay and take care of our fee (which is always a percentage of the back pay that you have agreed upon in advance).

Services we offer....

• Gathering medical evidence (records)
• Developing a legal theory of the case
• Attending any hearings that are required
• Handling the paperwork
• Correspondence with the Government
• Answering your questions

Contact us locally for an appointment:

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

LEARN MORE ABOUT THE FORSYTHE FIRM 

 

YOUR DOCTOR CAN HELP YOU GET DISABILITY BENEFITS

Trying to get Social Security disability benefits without your doctor's help is a long, frustrating and difficult process.  And by your doctor's help, I mean more than just routine medical records.  From experience, I know that getting your doctor to complete what's called a "treating source statement" can make all the difference.

THE PROBLEM WITH MEDICAL RECORDS:  They are often very skimpy, very general, and almost never address any vocational restrictions.  For example, I never see a doctor's routine exam notes that address how much the patient can lift or carry, how long he/she can sit, stand or walk, or whether the patient can climb stairs, kneel, crouch, crawl, push or pull....etc.  And these are the functions that Social Security rely on to make decisions on claims.

If we represent you, we will go after medical evidence that demonstrates that you cannot work.  This will include an attempt to get one of your treating physicians to provide an honest, fair and complete evaluation of how your impairment limit your ability to do work-related activities.

This is just one area in which we can "add value" to your disability application.  

If you want to know more about the Social Security disability process, or how the Forsythe Firm can advocate for you, please contact us by one of the methods below:

PHONE (256) 799-0297

OUR INTERNET (WEB) SITE 

FREE DISABILITY REPRESENTATION FOR SOCIAL SECURITY BENEFITS

There's no such thing as a free lunch. But there is something almost as good.

You can get first class legal representation for your Social Security disability claim and pay a fee only if you win, and only if you receive past due benefits.

That's because Social Security law favors the claimant, not the attorney on this matter.  Your representative cannot charge you a fee unless the case is settled in your favor.  This guarantees that you can't run up a large legal bill while failing to get enough benefits to make it worthwhile.

And the amount of your legal fee is strictly limited.  You can only be charged a maximum of 25 percent of your back pay. So, for example, if you receive $10,000 in back pay, your attorney's fee can be no more than $2,500.

Also, there are other protections put in place to make sure the fee you pay is reasonable.

Is there a downside to this policy?  The only downside is that an attorney or representative cannot be paid unless you are successful.  This tends to make representatives very careful in selecting cases for representation.  No one wants to work up to 2 years on a case and not get paid for it.  Therefore, attorneys or advocates only accept cases that they feel are likely to be successful.

My firm will provide you with a free initial consultation, during which we will evaluate your claim to see if you have a good chance of winning.  If we feel that you do, we may agree to represent you without a fee until your case is favorably settled, or with no fee if the case does not settle favorably.

Call us at (256) 799-0297.

MORE ABOUT THE FORSYTHE FIRM 

AFFORDABLE LEGAL SERVICE - SOCIAL SECURITY DISABILITY

We believe that professional assistance should be accessible and affordable, especially for disabled persons seeking disability benefits.

Therefore, the Forsythe Firm, in accordance with Social Security regulations, offers the following fee structure:

• All initial consultations are free with no obligation.
• We charge no upfront fees or expenses - ever.
• You pay a fee only if your claim is approved with back payments collected.
• Our fee is a small percentage of the back pay you get.
• If you are not approved, or if you are approved without back pay, we never charge you a fee or expense.

What Kind of Cases Do We Accept?

The Forsythe Firm accepts Social Security disability cases, both for initial application and at various stages of appeal.  Our ideal client has a strong work history, has recently become unable to work, and has regular treatment from a physician that will prove his or her disabling impairment(s). During your initial contact with us, we will thorough examine your case and give you a free evaluation--to see if you meet the basic SSDI rules for benefits.  Then, if we accept your case, we will work to secure a favorable decision and get you paid as quickly as possible.

How Do I Begin?

Please call the Forsythe Firm at (256) 799-0297.  An experienced advocate will ask you some questions and, if necessary, set up a local appointment for you in our Huntsville office to proceed.

SOCIAL SECURITY JUSTICE: ABOUT THE FORSYTHE FIRM 

OUR APPROACH TO SOCIAL SECURITY DISABILITY FOR OUR CLIENTS

FORSYTHE FIRM MISSION STATEMENT:  To help each client obtain SSDI benefits as quickly as possible, always representing with respect and dignity.

Here is what to expect when you contact the Forsythe Firm with a Social Security disability inquiry.  

First, we will speak with you by telephone to get some basic information:  your name, age, type of impairment and what stage your claim is (about to file, already filed, denied, waiting on a hearing, etc.).

Next, we will schedule an appointment at our office to meet with an experienced advocate.  Here, we will help you complete forms and gather further information that will allow us to best assist you with your claim or appeal.  We will answer any questions you have and explain the process to you.

Now that we have been appointed to represent you, our office will handle most of the paperwork, forms and communications with Social Security for you.  We will keep in touch with you during the process to let you know about developments in your case.  And we will be here to answer questions or concerns as they arise.

As a full-service, local office, the Forsythe Firm will represent you personally and tailor an approach that is most likely to produce a favorable outcome.

 VISIT OUR WEBSITE FOR INFORMATION

USE OF HANDS: REQUIRED IN ALL TYPES OF WORK

I was recently in a hearing where the claimant's doctor provided a written statement.  The doctor said the claimant can sit for 2 hours per day and can walk for 3 hours and stand for 3 hours.  He says she can lift up to 20 pounds occasionally and 10 pounds frequently.  It sounded like she can perform light work.

However, tucked away in the doctor's report, he stated that her ability to reach, handle and perform fine manipulations with the fingers is limited to "occasional," which Social Security defines as "from very little up to one-third of the time."

Most experts recognize that work at all exertion levels requires adequate use of the upper extremities for reaching, handling or using the fingers.  And it requires this ability on more than just an occasional basis.  Therefore, light work is precluded with a person who can't adequately use their hands or upper extremities for reaching, grasping, handling, etc.

https://forsythefirm.wixsite.com/website 

WHY SSDI IS NOT WELFARE

I speak truthfully when I tell people that Social Security disability is not welfare.  You paid for it, you earned it.  Claim it.

Here's why the Social Security disability program is not welfare:

1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned.

2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice.

3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become disabled, money comes out of the trust fund to pay your benefit.  This is the same principle used by large insurance companies to offer benefits to their policyholders.  When you get an SSDI benefit check, you are not spending government tax money.

If you bought an insurance policy from Allstate, State Farm, Met Life or any other large insurance company, and paid premiums for years, wouldn't you expect them to pay a claim on the policy?  That would not be welfare.  That would be business under contract.

The same is true with Social Security disability.  You paid the premium every day you worked.  Now, you have a claim.  Expect the government insurance plan to pay off on it.  No welfare involved here.   

 

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM 

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"CONCENTRATION, PERSISTENCE AND PACE"

Many people think of disability as requiring a wheelchair or walker to get around, or another obvious condition that makes working difficult.  That's not always the case.

Social Security's definition of "ability to work" means working 8 hours a day, 5 days a week, on a "regular and continuous basis."

An individual may meet the requirement for disability by being unable to perform consistent work.

Concentration refers to the ability to stay focused on work-related activities.  Most work requires this ability for at least 2-hours at a time and for 8 hours during a workday.

Persistence is the ability to report to work regularly and consistently and remain on the job for 8 hours per day.  Being excessively off task or having excessive absences will interfere with this ability.

Pace means the ability to produce a sufficient amount of work at an acceptable speed or rate.  

Concentration, persistence and pace may be affected by pain, fatigue, mental illness such as anxiety or depression--or a number of other factors.

If a claimant would be absent more than 1 or 2 days per month, be off task greater than 10 percent of the time or have an unacceptably slow pace on the job, he or she may qualify for disability benefits.  Of course, there must be a medical reason for these deficiencies as demonstrated in the medical records.

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM 

WHY EVERYONE IS NOT COVERED BY SOCIAL SECURITY DISABILITY

Social Security disability (SSDI) was started in 1954 to cover workers who became disabled.  It is a government sponsored disability insurance plan paid for by payroll deductions.  Therefore, only persons who have worked are covered by SSDI.

When an individual stops working, he stops paying into the Social Security program.  Usually, he or she remains an "insured person" for about 5 years after stopping work.  Then, he is no longer an "insured person" and is not eligible to apply for a new disability.

Social Security requires that you have a minimum number of "quarters of coverage" to be covered.  A worker earns a quarter of coverage for each 3 month period when he earned at least $1,320 during the quarter (this is the 2017 amount).   

Here is a general rule of thumb for most workers:  You must have worked at least 5 years out of the most recent 10 year period to be covered.  Very young workers will need less work to be covered.

People are often confused when we call Social Security disability "insurance."  But that's exactly what it is.  Not everyone is covered--only those who worked and paid a sufficient amount of FICA tax into the Social Security trust fund.  This is equivalent to paying premiums on your auto or homeowners insurance.  If you don't pay premiums, you have no coverage.  The same is true with Social Security.

Before you file a disability claim, you can find out  if you have enough work credits to be covered.  You do this simply by calling a Social Security office.  Ask them for your "Date Last Insured" or DLI.  This is the date on which your Social Security disability coverage will expire (or has already expired, perhaps).

EXAMPLE:  What if my Date Last Insured (DLI) was 12/31/16?  You are still entitled to file one disability claim AFTER 12/31/16.  However, you must prove that your disability began before the DLI--that is-- before 12/31/16.  If your disability began after that date, you are not insured and cannot file a claim on the expired insurance.  The older the DLI, the more difficult it becomes to qualify, largely because it becomes increasing more difficult to get older medical evidence to prove the onset of disability.  

Final Note:  Your Date Last Insured has absolutely nothing to do with your medical or health insurance.  The DLI is unique to Social Security.  It is a date used only by Social Security and refers only to your insured status at the Social Security Administration.

THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE

Call the Forsythe Firm (256) 799-0297

 

YOUR DISABILITY HEARING JUDGE

There's a great deal of inconsistency in the Social Security decision making process when it comes to disability claims.  One judge may look at your case and approve it while another judge might look at the same case and deny it.

Also, judges handle their hearings slightly differently.  I try to prepare my cases for the specific traits and personality of the presiding judge.  

Now, do we get to choose the judge who will preside over our hearing?  The answer is, no, we do not.  Judges are assigned randomly.  In my opinion, the advantage of using a local attorney or advocate is that he or she will know the judge.  We appear before the same judges day after day, year after year.  

If you live in Madison county, the odds are you will get a judge out of the Florence, AL hearing office.  If you live in Limestone or Morgan county, you may get a judge from the Franklin, TN hearing office.  If you live in Marshal or Jackson County, you may draw a judge from the Birmingham hearing office.  

No matter who the judge is, your case should be prepared diligently and thoroughly.  Your representative should pay a lot of attention to....

1)  your medical records - making sure they are complete and up to date.

2)  the legal theory of your case - which simply means being able to explain why the evidence meets Social Security's rules and regulations for payment of benefits. Do you meet a Listing?  Does a Medical-Vocational Guideline direct a finding of disability based on your age, education, past work and residual functional capacity?  Are you unable to perform all of your past relevant work?  Are you unable to perform all other jobs which exist in significant numbers in the US economy?

3)  problems that may occur at your hearing:  proving the alleged onset date so you get maximum back pay; work you may have done since the alleged onset date; failure to get recent medical treatment; drug or alcohol issues...  The list goes on and on. 

A good representative or advocate will look at your case in great detail, analyze it and take it to trial based on the facts and circumstances involved.  He or she will know the judge who is presiding and have a good idea of what the judge is going to need to approve the case.

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AM I DISABLED?

"Am I disabled?"

You may think so, but to collect disability benefits you must prove that you are legally disabled.

Social Security will find you disabled if you have a severe medical condition, lasting for at least 12 consecutive months, that prevents you from performing any full time work available in the national economy.

Proof of disability must come from objective medical evidence--that is, the records of doctors or other treating professionals. If your impairment is physical, imaging studies such as X-rays, MRI or CT scans are most helpful.  Laboratory studies can also be useful.

"I haven't been able to go to a doctor.  Will Social Security send me to one of their doctors?"

They may.  However, these examinations rarely uncover any evidence that helps the claimant get approved for benefits.  It is much, much better if you can see your own doctor and establish a regular treatment relationship with him or her.

If you are not able to afford medical care, try one of the community free clinics or a reduced cost clinic where fees are based on your ability to pay.  The path to Social Security benefits runs through your doctor's office.  

 

MEET YOUR ADVOCATE NOW - NOT LAST MINUTE

"I met my lawyer for the first time only 15 minutes before my hearing started!"

I hear this frequently, mostly from persons who hire attorneys in distant cities to represent them in local Social Security courts.  

That's all right if it's what you want.  If you feel comfortable with someone handling your case from 1,000 miles away, go ahead.  But if you'd rather meet your representative now, consider hiring a local attorney or advocate.

THE FORSYTHE FIRM IS.....

• local (I'm looking out my window at Bridge Street)
• focused on Social Security disabilty
• experienced with claims and appeals
•  good track record for our clients
• available to speak with you at our office or by phone
• eligible for direct payment of fees by Social Security
• offering no fee until you win + collect your back pay

The representatives in Los Angeles, Las Vegas or Atlanta are not better than the ones right here in Huntsville--just farther away.  When you call that 800 number, be sure to ask where the office is located.  If you really want to hire someone in California or New Jersey--that's OK.  But if you want a local representative, look right here in Huntsville.

(256) 799-0297

Forsythe Firm Huntsville - Website 

HOW TO WIN YOUR DISABILITY HEARING

A hearing is scheduled when you are denied for disability benefits and file an appeal.  The hearing is an opportunity for you and your attorney/advocate to explain to a judge why you meet Social Security's rules to get disability benefits.

A hearing isn't so much about convincing the judge that you are disabled.  It's technically more about laying out the legal argument that you meet Social Security's rules and regulations under the Social Security Act and the 20 Code of Federal Regulations (which govern Social Security payments).

Here are some things to do before your hearing that can help you win your case:

1.  Be sure the medical evidence is up to date.  You should submit records from every doctor, hospital, clinic, psychologist or other medical provider that has treated you--right up to the day of the hearing if possible.  An incomplete record may delay your hearing or cause a denial of benefits.

2.  Understand what your burden of proof is at the hearing.  It is up to you (or your representative) to prove that you meet the criteria for benefits.  If you can't do so, you won't be paid.  The burden is a bit different at different ages.

• UNDER AGE 50 - You generally must prove that you cannot perform you past relevant work (work you have done during the past 15 years) AND that you cannot perform any other work which exists in substantial numbers in the national economy. Claimants under age 50 have the hardest time.

• AGE 50 AND OVER - You may only have to prove that you cannot perform your past work.  At age 55, the burden of proof is still easier for you.  

3.  Get your doctor to help you.  Social Security relies heavily on the opinion of your doctor(s), not just the medical records.  Get one of your treating doctors to complete a "medical source statement" prior to the hearing.  This is a special questionnaire that expresses the limitations you have in the ability to perform specific work-related functions:  walking, standing, lifting, stooping, concentration, persistence, pace, etc.

4.  Consider professional representation by an attorney/advocate who understands the process, the law and the requirements to win a hearing.  It's a legal process and legal help is useful.  Are you allowed to represent yourself?  Yes, of course, just like you are allowed to take out your own appendix--but it's not a good idea.

There are a thousand things you should know to have a successful and profitable Social Security disability hearing.  There isn't time to learn all of them for yourself.  It's much more complicated than going in and telling your story.  

It's my opinion that good representation doesn't cost anything; in fact, I think you are likely to walk away with more money in your pocket by hiring a representative.  Of course I'm biased--but I'm biased because I've attended thousands of hearings and seen what can go wrong. Of course you can always go in by yourself and give it a try--but the risks in doing this are enormous.  Even judges don't recommend it.

A hearing is your absolute best opportunity to win your benefits.  I just finished a hearing where my client won over $50,000 in back pay (lump sum).  Would he have won without me?  There's no way to know but it would have been a huge risk to save a very small fee.

HUNTSVILLE DISABILITY ADVOCATES OR ATTORNEYS

Problems with a Social Security disability claim?  Contact us.

The Forsythe Firm
Charles W. Forsythe, Partner
7027 Old Madison Pike NW
Huntsville, AL 35806
(256) 799-0297

"Across from Bridge Street"

• No money upfront  
• Never a fee unless you win with backpay
• Local, established firm
• Focused on Social Security
• Veteran experienced, veteran friendly
• We help file initial applications
• We help appeal and win if you're denied

Call (256) 799-0297 

 https://forsythefirm.wixsite.com/website

DECATUR AL DISABILITY LAWYERS

Need help with a disability case in Decatur or north Alabama?

Call the Forsythe Firm at (256) 799-0297.

• Focused on Social Security disability
• Handling initial applications as well as appeals
• Local, well established firm
• Excellent track record
• No money upfront - Pay us a fee only after you win
• Free consultations
• Talk to us by telephone
• Meet your advocate now, not at the hearing
• Get expert advice on how to get your money 

Visit Our Website to Tell Us About Your Case 

DECATUR, AL - GET HELP WITH SOCIAL SECURITY DISABILITY ISSUES

If you live in or near Decatur, AL and have problems with Social Security disability, contact the Forsythe Firm at (256) 799-0297.

We offer free consultations in our local office and never charge a fee until

a)  You win your claim, and
b)  Receive back pay in a lump sum settlement


Visit Our Website: Tell Us About Your Case 

HOW TO APPEAL A DENIED DISABILITY CLAIM

About 70 percent of disability claims filed in Decatur and Morgan County will be denied.  At least one half of these denials will be wrong.  Here is what you need to know about an appeal.

1)  You have at least a 50/50 chance of winning your appeal.  If your case is strong and your doctor will support you, your odds are even better.  Most claims get approved on appeal, not on application.

2)  File the appeal within 60 days or lose your appeal rights.  This is a very strict 60 day deadline.  Don't wait around.

3)  File your appeal online, hand deliver it to a Social Security office and get a receipt OR have an attorney file it for you.  Phone calls do not count.  Phone calls are not appeals, no matter what they tell you.  Appeals must be filed in writing. 

4)  Once you file the appeal Social Security may no longer order any medical records for you.  That will be up to you or your attorney.  Don't walk into a hearing with a medical file that is not up to date.  That will either get you denied or at least postponed for several months.  Be sure your medical records get updated regularly.

5)  If you appear for your hearing without a representative, don't expect to be taken seriously.  The presiding judge will have you sign a waiver that you understand your right to representation and have declined, or will postpone the hearing and give you time to find an attorney.  

6)  Having a representative at your hearing will only cost you money under two circumstances:  One, if you win your claim there is a possibility of a legal fee--but only if you are awarded back pay.  If you do not win, there can be no legal fee.  If you win but don't receive any back pay, there cannot be a legal fee.  It's win-win for you.

7)  Your representative's fee is always a percentage of the back pay you are awarded (usually 25 percent).  And this has a maximum cap so that the fees cannot become extravagant.

If you live in Decatur or North Alabama, consider calling the Forsythe Firm when you are facing a Social Security denial.  We only handle Social Security matters--our specialty.  Free consultations are always available and you never pay us any money up front.  The Forsythe Firm is a well established local advocacy firm, here to assist you in getting Social Security disability benefits.

(256) 799-0297

Social Security Justice - Website 

APPROACHING YOUR DOCTOR ABOUT A DISABILITY CLAIM

Doctors cannot approve individuals for Social Security benefits.  However, doctors can play a crucial role in helping to get benefits approved.

It's important to approach your doctor in the right way.

1)  Choose the doctor who knows you and your disabling medical condition the best.  For instance, if you are unable to work because of heart problems, you may need to approach your cardiologist.  If you are disabled due to a back impairment, you may need to speak to your orthopedic specialist.

2)  Make an appointment to see the doctor.  Don't call him or her on the phone and ask for help.  

3)  Supply the appropriate form you want filled out.  Doctors do not keep these forms in their office.  You have to take it with you.  The forms are called a "Medical Source Statement" and you can sometimes find them online.  Most attorneys who practice Social Security law have these forms.  

4)  Reassure your doctor that completing a medical source statement will not involve them with any appearance before a Social Security decision maker.  They will absolutely not get a subpoena or request to appear.  Completion of the form will be their only involvement. 

I often explain to doctors that Social Security is not asking them for a special examination, measurements or consultative exams.  They want the doctor's opinion about certain work-related activities, based on the physician's past examinations, observations and medical findings.  It is of absolutely no value for your doctor to refer you to another doctor for a special examination.  You need the opinion of your doctor, not some new doctor who has never treated or examined you before. 

DISABILITY QUESTIONS & ANSWERS - HERE IS WHAT PEOPLE MOST OFTEN WANT TO KNOW

Q.  What conditions will qualify for disability payments?
A.  Any condition which prevents full-time employment, whether it is a physical or mental condition.

Q.  Why can't I apply for disability while I'm still working?
A.  Social Security regulations won't allow a working person to be disabled, unless it is very part-time work where earnings are less than $1,170 per month.  (This number increases to $1,180 in 2018).

Q.  How much Social Security benefit can I receive if I become disabled?
A.  The maximum monthly benefit is $2,687.  The average benefit is around $1,150 per month.  Your actual benefit depends on age, how long you worked and how much wages you have earned.

Q.   Is Social Security disability (SSDI) and SSI the same thing?
A.   No, they are two different programs.  SSDI (also called Title 2) requires a work history.  SSI (called Title 16) does not require any work.  SSDI has no income or financial limits. However, the claimant must have very limited income and financial resources to qualify for SSI.  (You cannot be working and receive either SSI or SSDI).  The maximum SSI benefit is $735 per month, while the maximum SSDI benefit is $2687.

Q.  Does my doctor sign me up for disability benefits?
A.  No.  Doctors are not permitted to sign anyone up.  They may provide evidence about your medical or mental condition, which may help Social Security to decide whether or not you are disabled.

Q. Are most people denied when they apply for Social Security disability benefits?
A.  Yes.  Only about 30 percent are approved on the first try.  Most people have to appeal and attend a hearing to get paid.

Q.  If I want a lawyer or representative to help me, what will it cost?
A.   Nothing unless you win and recover back pay.  If you do get back payments, Social Security will approve a small percentage of those back payments as a fee for your representative.

SOCIAL SECURITY JUSTICE: CONTACT US 

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THE FORSYTHE FIRM (256) 799-0297
Practice Limited to Social Security
Free Consultations 

NUMBER 1 INGREDIENT IN WINNING DISABILITY CASES

Alabama football coach Bear Bryant said it best.

"There's a lot of blood, sweat and cuts between dreams and success."

The short of it is, anything worthwhile takes a lot of hard work.  This is true with winning football games and it's certainly true with winning Social Security disability cases.

I've watched some football practice and there's nothing especially exciting about it.  Lots of running, sweating and falling. Sometimes a lot of failing. And there's nobody cheering from the stands.  But the hard work pays off on game day!

I often come out of a disability hearing thinking, "That hearing was won before I ever set foot in the courtroom."  It was won by the sweat of dull, routine hard work done in preparation.  And that's important.

If you need Social Security disability benefits, it's important to find a representative who will endure the "blood, sweat and cuts" that it takes to prepare the case.  The 45 minutes before the judge are important, to be sure.  But it's the preparation beforehand that often sets you up to win or lose.  My firm is motivated to win.  We don't always win, of course--but we always try to.  As the Bear might have said, "Winning isn't everything.  But losing is nothing."

 

DISABILITY OFFICES of THE FORSYTHE FIRM

(256) 799-0297

 Our offices hum with the activity of advocates helping clients with disability problems.  We may be writing a brief for a judge, filing a new claim or preparing evidence for an appeal.  During the day we will interview new clients about their disability claims and review Social Security documents, award letters, payments and denial letters.  Usually, we will be busy preparing to appear before a judge in an appeal hearing.

That brings us to the telephone.  I spend a great deal of my time speaking with individuals who are confused about the disability process and what to do next.  A lady calls to say she has been forced to stop working because of intractable migraines.  A 48 year-old veteran has just been discharged from the Army because of several impairments.  

Our firm is one of the few offices in town where a new caller can instantly speak to an experienced advocate or partner in the firm.  They don't have to deal with a secretary or paralegal.  If it is at all possible, we will pick up the phone and talk to anyone who calls.

Usually, I will speak to a caller long enough to get a basic grasp of the problem.  Then, if I feel I can be of further service I set up an appointment for the person to come into the office for a face-to-face meeting.  Here is the typical process we go through:

1)  We get your phone call and ask a few questions.
2)  We set up a personal consultation at our office.
3)  If we agree to represent you, contracts will be signed that spell out what we will do, what our fee will be, etc.
4)  We will help file any claim, application, appeal or whatever is needed.
5)  We begin the process of obtaining any medical evidence that we need to build your case.
6)  If there are calls or mediation with Social Security, we handle that for you.
7)  We prepare to attend any hearings on your behalf.
8)  We notify you of decisions and consider an appeal if the decision is not fully favorable.
9)  We will check to make sure your initial payment is on time and in the correct amount.

 

 

VETERANS - MAY WE HELP YOU GET DISABILITY BENEFITS?

Charles W. Forsythe, Veterans Disability Specialist
The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
Phone (256) 799-0297
forsythefirm@gmail.com

Dear Veteran:

It has been my privilege over the years to represent hundreds of disabled veterans.  I am proud of my success rate and promise to work hard to help you obtain Social Security disability benefits.

The Social Security process is quite different from the VA process.  For one thing, it is common to be denied at your first application.  Most cases are won with an appeal hearing before a federal administrative law judge.  Effective preparation and representation at this hearing are essential.

I offer total dedication to your case and will never charge you a fee until you win and recover past due benefits.  If you are not eligible for past due benefits, my service is without cost.

My office is located in Research Park directly across from the Bridge Street center.  For a free no-obligation appointment, call (256) 799-0297.

FREE DISABILITY LAWYERS IN ALABAMA

When you say "free disability lawyers" we assume you mean one that will work your case with no charge until you win and get paid.  That arrangement is called a "contingency fee agreement."  The contingency is that you win your claim and get your past due money before you have to pay any representative's fee.

There are any number of attorneys and non-attorney advocates who work that way.  The trick is to find one who is experienced in Social Security disability adjudication.  Also, look for someone willing to put in the time and effort it takes to win a case.

Consider contacting:

The Forsythe Firm
Social Security Disability Advocates
7027 Old Madison Pike NW
Huntsville, AL 35806
(256) 799-0297 
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WATCH OUT FOR DISABILITY SCAMS - HERE IS A NEW ONE

Scammers are trying to get personal information from people by pretending to help with applications for disability benefits and claims. A recent alert from the Social Security Inspector General warns of this phishing scam, and — whether or not you’ve started an application for benefits — these scammers could contact you. They’re taking a shot in the dark, hoping that you have started an application, and hoping you’ll give them a little more info over the phone. To “complete the process,” they might ask you to give, or confirm, your Social Security number or bank account numbers.

If you have started a disability claim, online or otherwise, Social Security might call you.  However, they already have your name, Social Security number, date of birth, address, etc. They will not ask you to confirm it over the phone.  If there is any doubt about who you are talking to, hang up at once.  If you are pressured to give personal information over the phone, that's a sure sign that it is a scam.

If scammers get your information, you could face identity theft and benefit theft. So here are a few things you can do to help protect yourself:

1.  Never give out personally identifying information to anyone you don't know.
2. If in doubt, hang up and call the Social Security office to see if it's really them who called you.
3.  Never provide your bank information, such as an account number over the phone.  If you need to give this to Social Security, be sure that you call them, not the other way around.  Even if someone tells you they are from Social Security, they may not be.
4.  Never wire money to anyone you don't know and trust.  Many scams eventually get down to convincing you to wire money.
5.  Do not print your Social Security number on checks or other shared documents.  

IS EVERYONE COVERED BY SOCIAL SECURITY DISABILITY?

Everyone is not covered by the Social Security Act for disability benefits.  Why not?

The program requires that individuals work and pay into Social Security before they are covered.  You must accumulate the minimum 'quarters of coverage' of work.  Also, this work must have been performed recently enough to qualify.  Persons who stopped working more than 5 years ago may cease to be covered.

WHAT IS A QUARTER OF COVERAGE?

A quarter represents a three-month block of time on the calendar.  The first quarter begins on January 1 and ends on March 31, for example.  In 2017, a worker must earn $1,300 during a quarter to get 1 quarter of coverage.  That amount increases every year.  One quarter of coverage in 2016, for example, only required earning $1,260.  In 2015, it was even less.

HOW MANY QUARTERS DO YOU NEED?

  To receive Social Security Disability benefits, you must have earned at least 20 credits during the last ten years and you must be fully insured. Twenty credits is equivalent to twenty 3-month periods of work in which you have paid into the Social Security system and have earned enough money to secure a credit. There are exceptions to this rule for younger workers who are not old enough to have earned 20 credits of work.

QUESTIONS?

Is it possible to have insured status at one time, then lose it because of not working?  Answer:  Yes.  

How can I know if I have enough quarters of coverage (credits) to be insured for disability with Social Security?  Answer:  The best way is to call your local Social Security office and ask.

How can persons who have never worked get Social Security disability?  Answer:  They can't. *

* They might qualify for Supplemental Security Income (SSI), which is administered by the Social Security Administration, but is not the same as SSDI.   SSI benefits are means tested (There are financial/resource limits) and the benefits are much lower than SSDI.
 

WHAT HAPPENS TO MY DISABILITY BENEFIT WHEN I REACH FULL RETIREMENT AGE?

When you reach full retirement age, your disability benefit will automatically convert to a retirement benefit.  The amount will not change.

Let's use Jasmine as an example.  She started getting a disability benefit when she was 48 years old.  At 48, she was given the same amount as her retirement would benefit would have been--she just began receiving it early.  When Jasmine reaches age 67 (her full retirement age), Social Security will continue her benefit checks in the same amount.  However, they will now be called "retirement benefits" and not "disability benefits."

What difference will Jasmine notice?  Probably none.  The check she receives each month will be paid from the Social Security Retirement Trust Fund, not from the Social Security Disability Trust Fund.  Since it will be the same amount, Jasmine probably won't notice any difference at all.

Why doesn't your check increase when you reach full retirement age?

Because you have been receiving the same amount as the "full retirement benefit" all along.  You just got is earlier because you were disabled prior to full retirement age.

So, does my monthly benefit never increase?

The benefit does not increase except for (a) small cost of living adjustments (COLAs) or (b) changes that Congress may make in the laws or regulations in the future.