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
---------
THE FORSYTHE FIRM (256) 799-0297
Practice Limited to Social Security
Free Consultations
Thursday, September 28, 2017
NUMBER 1 INGREDIENT IN WINNING DISABILITY CASES
Alabama football coach Bear Bryant said it best.
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."
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."There's a lot of blood, sweat and cuts between dreams and success."
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."
Monday, September 18, 2017
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.
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.
Wednesday, September 13, 2017
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.
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.
Thursday, September 7, 2017
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
______
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
______
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.
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.
Wednesday, September 6, 2017
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.
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.
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.
NEW RULE FOR SOCIAL SECURITY EVIDENCE
Evidence for your Social Security hearing must be submitted at least 5 business days prior to the hearing date. Not just 5 days, 5 business days.
There are a few exceptions but administrative law judges for the most part are enforcing this rule to the tee.
If you are the claimant (disabled person) it is important to notify your representative as quickly as possible if you have or know of additional evidence. This would include visits to new doctors, a new diagnosis or change in your medication, as examples. Your representative depends on you to let him/her know when you've been hospitalized, seen a new doctor or obtained additional treatment or examinations. And this rule doesn't just apply to medical evidence, it applies to all evidence, including attorney's briefs, witness statements, job records, school records, etc.
In the old days, the attorney or representative could show up at the hearing with evidence in his briefcase and the judge would accept it. Those days are now past. The judge is going to ask, "Why did you not meet the 5 business days rule?" And if there is not a reason that is specified in the regulation, the evidence will not be accepted.
The Bottom Line? Notify your representative at once if you have any new or additional evidence you want to submit.
There are a few exceptions but administrative law judges for the most part are enforcing this rule to the tee.
If you are the claimant (disabled person) it is important to notify your representative as quickly as possible if you have or know of additional evidence. This would include visits to new doctors, a new diagnosis or change in your medication, as examples. Your representative depends on you to let him/her know when you've been hospitalized, seen a new doctor or obtained additional treatment or examinations. And this rule doesn't just apply to medical evidence, it applies to all evidence, including attorney's briefs, witness statements, job records, school records, etc.
In the old days, the attorney or representative could show up at the hearing with evidence in his briefcase and the judge would accept it. Those days are now past. The judge is going to ask, "Why did you not meet the 5 business days rule?" And if there is not a reason that is specified in the regulation, the evidence will not be accepted.
The Bottom Line? Notify your representative at once if you have any new or additional evidence you want to submit.
WHAT VETERANS NEED TO KNOW ABOUT SOCIAL SECURITY DISABILITY
Disabled veterans sometimes don't get all the benefits they should because they don't apply for all their benefits. If you are a disabled US Veteran, here are some things you should know:
1) You are covered for both VA benefits and Social Security Disability benefits (SSDI).
2) You paid into the Social Security trust fund during your entire military career, thus are covered by Social Security disability insurance.
3. Getting a Social Security (SSDI) benefit will not hinder your VA disability benefits. You may get both.
4. Social Security does not automatically approve disability benefits because the VA does. They have different rules and an entirely different application process. You must apply for each benefit separately.
5. Many qualified veterans will apply for SSDI benefits and be improperly denied. The decision making process is flawed and rejects many claims that should be paid. The only cure for this is an appeal where an administrative law judge will review your case and give you a new (often more favorable) decision.
6. Your odds of being approved at the hearing are better if you have good representation. Concerning representation, you should know:
The Forsythe Firm is located in Huntsville, Alabama and we have an office in Franklin, TN, as well. If you need assistance, please call us at (256) 799-0297.
1) You are covered for both VA benefits and Social Security Disability benefits (SSDI).
2) You paid into the Social Security trust fund during your entire military career, thus are covered by Social Security disability insurance.
3. Getting a Social Security (SSDI) benefit will not hinder your VA disability benefits. You may get both.
4. Social Security does not automatically approve disability benefits because the VA does. They have different rules and an entirely different application process. You must apply for each benefit separately.
5. Many qualified veterans will apply for SSDI benefits and be improperly denied. The decision making process is flawed and rejects many claims that should be paid. The only cure for this is an appeal where an administrative law judge will review your case and give you a new (often more favorable) decision.
6. Your odds of being approved at the hearing are better if you have good representation. Concerning representation, you should know:
- Your representative can't charge you a fee unless you win.
- You can't be charged a fee until you are awarded back pay.
- Social Security must approve any fee in advance (before it is paid) and in writing. There are strict limits on the amount of the fee.
The Forsythe Firm is located in Huntsville, Alabama and we have an office in Franklin, TN, as well. If you need assistance, please call us at (256) 799-0297.
CONCENTRATION PERSISTENCE AND PACE ISSUES
If you have significant deficits in concentration, persistence and pace--you ma have a good disability claim.
Concentration is the ability to remain focused and on task. Nearly all jobs require the ability to concentrate up to 2 hours at a time and for 8 hours per work day. If you are off task more than about 10 percent of the time, then you probably would not be able to hold a full-time job.
Persistence means the ability to perform work day in and day out, 5 days per week, 8 hours per day or on an equivalent schedule. Let's say you have certain days you can work an 8-hour day but you have certain days you cannot. You have a persistence problem. Also, you might be able to work a few hours each day but cannot complete an 8 hour shift regularly. This is also a persistence problem. You might have pain or other symptoms that would require more than the usual number of breaks during an 8-hour workday. This is a persistence problem.
Pace means the ability to meet the demands of the work schedule, keeping up with the demands of your employer in terms of turning out sufficient work in a sufficient time period. Even though a job may not require a "production rate," all workers are expected to turn out a certain amount of work each hour or each day. If you cannot do so, you have issues of pace. Let's say you can do the same job that everyone else does but it takes you longer. Employers woud normally terminate you and hire someone who can work at a normal pace.
Disability doesn't necessarily mean the inability to stand, walk or lift. Symptoms that are much less obvious can also be disabling. That's why I cringe when I hear someone saying things like, "My neighbor is not disabled because I see him --------- (doing thus and so)." Disability is not being able to perform a job 8 hours a day, 5 days a week, 52 weeks out of the year. So, mowing the lawn for 30 minutes or washing your car is a far cry from working an 8 hour day.
Concentration is the ability to remain focused and on task. Nearly all jobs require the ability to concentrate up to 2 hours at a time and for 8 hours per work day. If you are off task more than about 10 percent of the time, then you probably would not be able to hold a full-time job.
Persistence means the ability to perform work day in and day out, 5 days per week, 8 hours per day or on an equivalent schedule. Let's say you have certain days you can work an 8-hour day but you have certain days you cannot. You have a persistence problem. Also, you might be able to work a few hours each day but cannot complete an 8 hour shift regularly. This is also a persistence problem. You might have pain or other symptoms that would require more than the usual number of breaks during an 8-hour workday. This is a persistence problem.
Pace means the ability to meet the demands of the work schedule, keeping up with the demands of your employer in terms of turning out sufficient work in a sufficient time period. Even though a job may not require a "production rate," all workers are expected to turn out a certain amount of work each hour or each day. If you cannot do so, you have issues of pace. Let's say you can do the same job that everyone else does but it takes you longer. Employers woud normally terminate you and hire someone who can work at a normal pace.
Disability doesn't necessarily mean the inability to stand, walk or lift. Symptoms that are much less obvious can also be disabling. That's why I cringe when I hear someone saying things like, "My neighbor is not disabled because I see him --------- (doing thus and so)." Disability is not being able to perform a job 8 hours a day, 5 days a week, 52 weeks out of the year. So, mowing the lawn for 30 minutes or washing your car is a far cry from working an 8 hour day.
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