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.
CLICK TO LEARN MORE ABOUT THE FORSYTHE FIRM
Friday, October 20, 2017
Thursday, October 12, 2017
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.
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.
Tuesday, October 10, 2017
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.....
(256) 799-0297
Forsythe Firm Huntsville - Website
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
(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.
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.
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.
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.
Sunday, October 8, 2017
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"
Call (256) 799-0297
https://forsythefirm.wixsite.com/website
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.
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
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
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
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
Sunday, October 1, 2017
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.
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.
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