Luck has very little to do with getting approved for a Social Security disability check. Logic, law and the grid rules have a lot more to do with it.
Logic, in the sense that the case must make sense to the administrative law judge who handles your appeal. (Forget about getting approved merely by filing an application; those days are gone--unless you have a terminal or catastrophic illness). The narrative about why you can't work must make sense to the judge. And judges think differently than claimants. Believe me--they do.
Law, in the sense that no judge is going to pay a benefit unless the law directs it. You basically have to show a judge that the federal regulations dictate that you qualify for benefits. You meet all the rules, so the judge will be upholding the law when you are approved. Short of this, no benefit will ever be paid.
Grid rules can help you if you are age 50 or over and have a physical or exertional impairment. An exertional impairment is a physical impairment that restricts your ability to sit, stand, walk, lift or push/pull. Grid rules do not apply to mental impairments. The grids often make it much easier to prove disability for persons age 50 and over, especially those who are 55 or over.
I approach a disability appeal with a thorough fact finding session. I want to know your medical background, your past work history, you education level and any doctor's opinion about your ability to perform specific work related activities. Note: It isn't enough for your doctor to make a general statement like, "This patient has heart trouble and is totally disabled and should not attempt to work." While this sounds like it would do the trick, it will not because it violates one of Social Security's legal principles. That principle says, "Only the Commissioner of Social Security may determine who is disabled." It is not the doctor's role. Therefore, this kind of testimony is not admissible.
We can provide forms to help your doctor give admissible testimony about your medical impairments--which Social Security may accept.
Getting an SSDI claim approved is a lot like putting together a complicated legal jigsaw puzzle. Piece by piece. And only someone who has experience and skill in this area can be expected to do it well.
HOW TO DISABILITY REPRESENTATIVES GET PAID?
A representative can only charge you a fee if you win your case and recover some back pay (also called "past due benefits"). Social Security will withhold a percentage of your back pay--which cannot exceed 25 percent--and pay your representative directly. Not all representatives are eligible for direct payment but those who have met stringent requirements are. The Forsythe Firm is eligible for Direct Payment of Fees from Social Security.
If you don't win your case, or if you win but don't get any back pay, there is never a fee. You will always keep 100% of your monthly benefits.
- - - - - - - - - - - - -
THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE (WEBSITE)
"We handle nothing but Social Security cases."
No comments:
Post a Comment