2 PROGRAMS AT THE SOCIAL SECURITY ADMINISTRATION

The U.S. Social Security Administration (SSA) not only administers retirement benefits to older Americans, but it also provides disability benefits under 2 entirely different programs:

SSDI - (Social Security Disability Insurance), is for individuals who have worked at least 10 years and paid FICA withholding.  Maximum benefit in 2020 is $3,011 per month.*

SSI (Supplemental Security Income) - is for very low income individuals who have not worked enough to get SSDI.  Maximum benefit in Alabama is $771 per month for an individual.

While the maximum SSDI benefit is $3,011 per month for an individual, the actual benefit is determined by the claimant's lifetime earnings. 

The road to getting benefits under either SSDI or SSI is a long haul. 

Every time the government announces changes to the disability programs ("improvements"), you can bet on one thing:  they're making benefits harder to get.

When we opened our office nearly two decades ago, the average approval rate at a hearing was 62 percent nationwide.  Today, it is down to 42 percent.

Hiring an advocate to represent you increases your chance of being approved.  Relatively few claimants attempt SSDI or SSI on their own (unrepresented).  This usually involves going before a judge who will demand proof that you meet the rules and regulations for a benefit.

HOW TO GET SOCIAL SECURITY DISABILITY BENEFITS

PREPARE & PERSIST

Anyone under full retirement age can apply for Social Security Disability Insurance (SSDI) benefits.  Persons who are at full retirement age are already eligible for full Social Security benefits by virtue of their age.

There are 3 sets of criteria used by Social Security to determine eligibility.

1.  For younger individuals under the age of 50 (strictest)

2.  For persons approaching advanced age (50 through 54)

3.  For persons of "advanced age" (the most relaxed rules).

Here, briefly, is the process most individuals must follow to get a benefit.  Of course, exceptions apply.

1.  File a complete application with all requested forms.  (70% denial rate at this stage).

2.  If denied, file for "Reconsideration."  (95% denial rate).

3.  Appeal and ask for a hearing with an administrative law judge.

Here are some key points to cover in your SSDI process:

• Tell Social Security about all your doctors and medical providers.  They only look at the ones you tell them about.
  
• List all of your medical impairments, not just the most severe ones.
• Return all questionnaires and forms on time, fully completed.
• Appeal any unfavorable decision within the 60 day deadline.
• Prepare for the hearing.  Find out what questions will likely be asked and how to answer or explain each one.
• Seriously consider a lawyer or representative who has prepared for hundreds of hearings and knows the law, the judge and the process.  This may give you up to a 75% increase in your odds of winning your benefits.

You hear people describe the SSDI process as "a fight."  It usually is.  The government pays 20 percent fewer claims in 2020 than they paid in 2010.  Hearing  award rates have tumbled from around 62 percent a few years ago to about 42 percent today.

The claimants who win today are those that are well prepared, supported by strong objective medical evidence, and are willing to fight it out through the various appeals process (at least 2 appeals).

How long does all this take?  It takes 3 to 5 months to get the initial decision on your application.  In Alabama, "Reconsideration" decisions are usually given within 90 days.  It will take 6 to 8 months to get a hearing decision (from the date of the second appeal).

PREPARE & PERSIST

ADAPTING TO TELEPHONE HEARINGS

With the COVID-19 pandemic spreading, Social Security has closed all hearing offices.  They are trying to keep up with their hearing schedule by using telephone hearings.

A telephone hearing is held with the claimant at home.  The attorney is in his/her office and the judge is usually at his or her home.  Each party is placed in a conference call on the telephone.

Telephone hearings operate basically like other hearings.  The one big difference is technology.  It all depends on being able to hear each other over the phone.

The most important thing is to prove your disability according to the rules of the Social Security Administration.  This is never easy and depends heavily on objective medical evidence from your doctors and other treating sources.  Of course, you must know what the rules are before you can hope to meet them.

Telephone hearings last about 45 minutes, a bit longer if there are technical problems (someone's phone cuts off or drops a call).  No decision is usually announced at the hearing; that comes later in a written decision.

My office has adapted well to telephone hearings.  I call or meet with my client (their choice) about a week prior to the hearing.  I explain what to expect, what our case is based on, and answer the client's questions.  Hopefully, then, nothing comes as a surprise during the hearing.

Social Security has been using telephone hearings since March, 2020.  As far as we can tell, judges are awarding benefits at about the same rate as they were during in-person hearings.

_________

The Forsythe Firm

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

Call:  (256) 799-0297

Our email address:   forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website

ADVOCATE

Advocate (n)

Latin:  Advocare

Greek:  Paraklete.....

One called alongside to help, to plead.

Also translated "counselor."

Your advocate represents your point of view, your interests and your wishes.

In a Social Security disability hearing there are usually 5 people present:  the claimant, the advocate, the judge, the vocational witness and the hearing clerk.

1.  The Judge presides.   He/she is a finder of fact, neither for you or against you.  A decision maker.  But the judge cannot be your advocate.

2.  The Vocational Witness.  This is a jobs expert who has been called by Social Security to give testimony about jobs that exist in the national economy and how certain limitations can restrict the ability to work.  This witness is supposed to be neutral, but certainly cannot be your advocate.

3.  The Hearing Clerk is there to make a proper record of the hearing.  For the most part, he/she is silent during the hearing.

4.  The Advocate.  Sitting at your left elbow is your advocate, counselor or representative.  This person represents your interests before the judge and strives diligently to help you be approved for benefits.  This is the only person who is 100 percent for you.

Prior to the hearing, of course, your advocate has done a lot to get ready for the hearing:  finding and submitting evidence, interpreting evidence, making arguments, writing briefs for the judge, preparing you to testify, etc.  He or she has looked for problems that may arise and has sought to solve them.  You advocate has given you a lot of advice and counsel.  

HOW LONG IS THE SOCIAL SECURITY DISABILITY PROCESS?

The first stage of the Social Security disability process is called the Application Stage.  You submit an application and wait 3 to 5 months to get a decision.  The Social Security office sends your file to a state agency called the Disability Determination Service (DDS) to make a decision.  The time required depends on how long it takes to get all of your medical records, among other factors.

If you are denied at the Application Stage (most claimants are), you appeal and go into the "Reconsideration Phase." Here the state agency assigns a new person to review their previous decision to see if it was correct.  The decision is changed in only about 5 cases out of 100.  In Alabama, "Reconsideration" usually takes 30 to 60 days.  In Tennessee, it can take 6 to 12 months.

The third stage is the Hearing.  You appeal again and ask that your case be heard by an Administrative Law Judge (ALJ).  While it once took up to 2 years to get a hearing, you may now get one scheduled in 6 to 8 months from the time of filing your request.

So, if your case requires all of these steps, Application through Hearing, you will easily spend 1 year or more waiting for a final decision.  Social Security disability is a slow, deliberate process that usually does not move quickly, except for very severe cases of obvious disability (such as a terminal illness or one a Compassionate Allowance).

HOW MANY TIMES CAN YOU APPLY FOR SSDI?

It is often possible to apply for Social Security disability more than one time.  In fact, some claimants file several applications.

However, do not file a new application just because you were denied.  This is not the correct response to a denial.  Usually, the most productive response to a denial is to appeal.  An appeal kicks the  claim up to a higher level of authority for a new review.  Most successful claimants will file 2 appeals before they win.

There may be an unusual situation that calls for starting over with a new application.  But not generally.

Also, be aware that Social Security disability has a "shelf life."  You reach a point when you are not able to file new claims.

You eventually reach a date called your "Date Last Insued" or DLI.

Your DLI is usually about 5 years after you stopped working.  When you stop paying into Social Security the clock begins to tick toward your DLI.  When you reach that date, it is difficult if not impossible to file new claims.

That being said, there is no rule against filing a new SSDI claim as long as you have not reached your DLI and lost your insured status with Social Security.

We advise speaking to a Social Security disability advocate/attorney about filing a new claim vs. filing an appeal.  If you take the wrong path here you will waste a lot of time and a lot of money.  With most attorneys this conversation will be free. 

WHAT IF SOCIAL SECURITY TURNS YOU DOWN?

Social Security denies most claims.  In fact, it sometimes seems like a denial machine.  Just because you were denied doesn't mean you aren't qualified for a disability benefit.  It means you have to move to the next level--with an appeal.

The first appeal, after the denial, is called "Reconsideration."  You can expect it to be denied, also.  The denial rate at this stage is over 95 percent, so very little hope at "Reconsideration."

The second appeal takes your case before a judge--called an Administrative Law Judge.  His or her job is to give your case a thorough, personal review and determine if you meet the federal requirements for a disability benefit.  The approval rate at hearings averages around 45 percent.  Much better odds.

What Can You Do To Help Yourself When You've Been Denied?

1.  File your appeal within the 60 day deadline.  This is a strict deadline.

2.  Keep seeing your doctors regularly and follow medical advice.  Keep taking your medications and follow all recommended treatment.

3.  Be sure the office handling your appeal receives copies of all your medical records.  If you are not represented, it is your responsibility to notify Social Security of your ongoing treatment, then check to be sure all medical records are turned in.

4.  Gather as much additional non-medical evidence as you can.  If you had trouble performing your last job due to medical issues, ask your prior supervisor to write a letter detailing the problems you experienced. 

5.  Try to research and understand what your burden of proof is.  Discover how age, past work and education will affect your decision.

6.  If you decide to use an advocate or attorney to help you with your hearing, don't wait until the last minute to get one.  Putting together a good case for hearing can take 6 months or longer.  You hurt yourself if you wait too long to bring your representative on board.

Finally, keep your representative up to date on your medical treatment, employment (if you work part-time) or anything that might affect your case.

______________________

The Forsythe Firm

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

"Across from Bridge Street"

CALL (256) 799-0297

Email Us:   forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website

DISABILITY BENEFITS: DEALING WITH THE GOVERNMENT CAN BE A DOWNER

If you've never dealt with the US Government, you may be surprised to find how difficult they are to deal with.  I'm speaking particularly of the Social Security disability process--a function of the US government.

1.  It is slow.  Snail-like slow.  It takes months to get something done that you would think should take a few days.  Everything is backlogged.  You can wait on hold for 45 minutes on the phone.  They seldom return calls.  The same question can get two different answers on the same day.

2.  It is confusing.  SSDI is governed by thousands of pages of regulations--and they change frequently.  Add to that dozens of court cases that clarify, delete or change the rules.  And the process.  There's one way of doing things and you must know what it is.

3.  You may easily  become trapped by one of your mistakes, only to find that there is no good way out.  For example: You go before a judge unrepresented and lose.  You cannot simply hire an attorney and have another hearing.  Your one chance for a hearing has come and gone.  There is a slim chance (15 out of 100) that the Appeals Council might grant you a new hearing, but only if they find a legal error was made at the first one.  And it will take at least 12 months to get the Council to act.

4.  There are strict deadlines. Unfavorable decisions only allow 60 days to file an appeal.  Miss the deadline and no appeal is available to you.  Almost no excuse will be accepted.  Your best chance to be approved has slipped away.  Even more heartbreaking, you stop working for one reason or another.  A few years later you develop a severe medical impairment that disables you and file a new SSDI claim, only to find that you waited too long to file and your no longer have "insured status" with Social Security.

5.  Even if you win you may have trouble getting paid.  If every "i" isn't dotted, and every "t" is not crossed, there are problems in your future.  While it isn't always the case, I have seen claimants wait 4 to 6 months to get paid after they've been issued a favorable decision.

One administrative law judge before whom I recently appeared admonished my client:  "Now, this is going to take some time to get the decision out; after all, it is the government."

"After all, it is the government...."   Indeed.

HOW HAS COVID-19 AFFECTED SOCIAL SECURITY DISABILITY

COVID-19 has affected every aspect of life.  Social Security disability is no exception.  

1.  All Social Security offices are closed to walk-in traffic.  All business must be done by phone or internet or through an attorney/advocate.

2.  No hearings are being conducted in person.  You are no longer able to sit down with a judge and have a hearing about your denied claim.  Hearings are now being held by telephone conference call.  Many judges don't even come in to their offices; they hold hearings from their homes.

3. The state decision making office in Birmingham (DDS) was closed for approximately 8 weeks, starting about May 17th.  It is open again but may be running behind schedule due to 8 weeks off work and the workload piling up.

You can still apply for SSDI benefits.  You may use www.socialsecurity.gov.  Or, you may call Social Security at 1-866-593-0663 (option 0).

Now, more than ever, you may wish to obtain the help of a disability advocate or attorney to assist you in meeting all of the many requirements to get benefits.  Like everything else, many advocates/attorneys now consult via telephone as opposed to an in-person office visit.  We  can be reached at (256) 799-0297.

SSDi: HERE ARE THE REAL NUMBERS, FOLKS

If you have an "average" SSDI case, here are your chances to be approved at each step in the process:

Step 1 (the Application):  About 27 percent

Step 2 ("Reconsideration")  About 5 percent

Step 3 (Hearing with an ALJ)*:  About 42 percent

*Administrative Law Judge

Certainly every case is different and it's hard to figure out exactly what an "average" case is.  I'm using state and national averages for my numbers.

The point is, the odds are against you in Steps 1 and 2 but they improve quite a bit when you get to the hearing.

I'm afraid a lot of people quit after Step 2 ("Reconsideration"), and this is a real shame because they miss the step with the best chance for approval.

"Reconsideration," always in quotation marks, is frankly a rubber stamp denial process.  In my opinion, very little "reconsidering" gets done here.  What is my evidence?  Well, only 5 out of 100 see any change in their decisions.  Also, at least 42 percent of those who go on to a hearing win.  This means that a high percentage of claimants denied at "Reconsideration" should have been approved.

A recent study using 2015 data showed about 46,000 claimants who were denied at "Reconsideration" and went on to a hearing.  Of these 46,000 claimants about 55 percent were approved at the hearing.

Your case may not be "average," certainly it not to you--but my advice is don't quit after one or two denials.  Take your case at least to the hearing, which is Step 3 in the Social Security disability process.

Call me if  you'd like a free consultation.  We confer by phone, and if we represent you we will never try to collect a fee unless we win.  We observe a strict "No Win, No Pay" policy.  If we don't win, you don't pay.

____________
The Forsythe Firm

7027 Old Madison Pike

Huntsville, AL 35806

"Across from Bridge Street"

CALL US:  (256) 799-0297

Email US:  forsythefirm@gmail.com

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PHONE (304) 625-0203 IS A CRIMINAL SCAM OPERATION. BEWARE

I received a call this morning from a West Virginia number - (304) 625-0203, telling me that my Social Security number had been "suspended for some reason."

This was an automatic robo call with a recorded message.

I recognized it instantly as a scam, someone phishing for my real Social Security number, or wanted me to send money.

Social Security NEVER NEVER makes this kind of call.  They NEVER suspend Social Security Numbers.  And they would always contact you by mail, not by phone, unless you have ongoing business with them.

The telephone numbers used by these criminals change every day.  Today they were using (304) 625-0203.  Tomorrow they will have another number.

If you get this call, please do not say one word.  Hang up immediately.  Do not press 1, do not speak to them.  Even answering the call is dangerous.

Be aware of impersonators pretending to be from Social Security, the US Treasury, or the IRS, etc.  These government agencies are NOT calling you.

If you have disabled or elderly loved ones, please do them a favor and warn them not to talk to these criminals.

WHAT IS "RECONSIDERATION"?

"Reconsideration" is the next step after Social Security has denied your disability application.  This is your first step in the appeal process.

"Reconsideration" sends your denied claim back to the Disability Determination Service (DDS), the same state agency which recently denied it.  The agency is asked to review your case again and be sure no mistakes were made.

In my view, "Reconsideration" is mainly a rubber stamp denial process.

There aren't a lot of statistics on the process, since Alabama only began using it in October, 2019.  Up until that time, when your claim was denied, you could go straight to a hearing with an administrative law judge (ALJ).  Now, you can't.  You must go through "reconsideration" first.

My feeling is that this process produces awards (approvals) in only about 2 or 3 percent of cases.  As I say, I regard it pretty much as a rubber stamp denial process.  However, you cannot skip this step. 

Your real goal is to get to a hearing before an administrative law judge.  That's the next step following a denial at "Reconsideration."  According to national statistics, your chance of an approval before the ALJ is about 45 percent.  Out of the entire process, the hearing offers you the best chance of being approved.  This is where you want your claim to be.

Unfortunately, many people have their application denied, then they appeal and go to "Reconsideration."  There, they are denied again.  They believed they have appealed and lost, so they just give up.  This is a big, big mistake.

The "real" appeal occurs after "Reconsideration." It's the second appeal that takes you before a judge for a hearing.  This is really where your hope lies.

So, never consider "Reconsideration" to be your appeal.  It is technically your first appeal, but it should never be your final appeal. 

You may wonder why I always use quotation marks around the word "Reconsideration."  That's because I don't really think there is much reconsideration that goes on during this process.  The same agency reviews their own work and pronounces it correct.  They rubber stamp your application "Denied" for the second time and send it back to you.  Only a judge can change it.

I recently saw something shocking about "reconsideration."  The numbers are 2015, but I don't think they have changed much.

---616,917 claimants were denied at "Reconsideration."

---14 percent of those claimants gave up and took no further action.

---530,501 appealed again and went to a hearing before a judge

---Of those who went on to a hearing, 55 percent were awarded benefits

That's almost 300,000 claimants who got paid because they did not stop after a denial at "Reconsideration." 

Who were the losers?  Those who quit after "Reconsideration" lost. 

If you don't understand Social Security disability, talk to someone who does.

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The Forsythe Firm

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

CALL (256) 799-0297

WHAT DOES IT MEAN WHEN IT SAYS........

"I got this letter from Social Security today.  What does this mean.....?"

Social Security is controlled by federal laws, rules, regulations and court decisions.  No wonder much of their language can't be interpreted.

Most Social Security decisions are riddled with terms such as:  Alleged Onset Date, Date Last Insured, consistent with the main body of medical evidence, material fact, treating source opinion, etc.

You may also encounter dozens of references to Social Security regulations, such as 20 CFR 404.1527 or (20 CFR 404.1520(b)).  These references are used by the judge to explain how he or she arrived at a decision under the law.

One of the great benefits of having a representative is the ability to ask questions.  What does this mean?  How does it affect me?  What should I do about it?

Understanding the difficult language of the Social Security Administration and the federal government is a big part of handling your claim or appeal correctly.

While Social Security has tried to put many things into more simple language, there are still a lot of "mysteries" in some of their statements.  And their formal decisions are written in legalize that may be hard to understand.

7 SIGNS YOU HAVE A GOOD DISABILITY CLAIM

Having represented thousands of disability claims over the years, I have learned to recognize the signs of a really strong disability claim.  Here are 7 of them.

1.  Your doctor recommended that you file for disability.  You should get your doctor to provide a written Medical Source Statement supporting your claim.

2.  You have a long, steady work history.  The longer you have worked the more credible your claim is.

3.  Your past work required standing, walking and a great deal of lifting.  In other words, it require rather heavy physical exertion, not sitting behind a desk all day.

4.  You have tried to keep working but failed because symptoms were just too severe. 

5.  You have worked at least 5 out of the last 10-year period.  This is the usual requirement to be covered (insured) by Social Security disability insurance.

6.  There are consistent and recent medical documents to support your disability.  These should usually include MRI, CT scan, X-ray or other objective diagnostic tests.

7.  You are at least 50 years old when you claim to become disabled.  Younger claimants do get benefits sometimes; however, claimants age 50 or over have a much better chance due to favorable grid rules.

Keep in mind that even solid claims get denied--and this happens more often than it should.  It is usually necessary to appeal a denied claim twice and take it before an administrative law judge for a hearing to get paid.  In fact, over two-thirds of all claims filed in Alabama wind up before a judge.

My firm specializes in representing claimants before the Social Security Administration at hearings.  We will evaluate your case for free--and we will never charge you a fee until after you get paid, including your back pay.  When your case is favorably decided, you keep 100 percent of your monthly checks.

If we don't win, you don't pay.

__________
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

CALL  (256) 799-0297

IS THERE TAX ON SOCIAL SECURITY DISABILITY BENEFITS?

Do you have to pay tax on your Social Security disability income?

Yes, Social Security income is taxable.  Most people, however, do not end up paying any tax.  About one-third of people on disability will pay some tax.

This is because when other income, such as a spouse's income, is added--tax may be due.

The rule of thumb is this:  If you file as a single taxpayer and your total annual income is less than $25,000 (from all sources, including Social Security) no tax is due.  If your income from all sources totals more than $25,000, you will have some tax due.

If you are married and filing a joint return, total combined income may be taxable if it is $32,000 or more, including Social Security benefits.

SPIN YOUR WHEELS....SPIN YOUR WHEELS....AND GET NOWHERE

I recent talked to a young man who called me about his Social Security disability.  "I applied and got denied," he said.  "Then I applied again and got denied again." 

This young man is like many, many people who call me.  His application for benefits was denied.  He failed to appeal and just filed a new application, which was also denied.

You might say he has been stuck in the muddy mire of Social Security, just spinning his wheels, going nowhere.  His big mistake?  Failure to file a timely appeal.

What is a "timely" appeal?

A timely appeal is one that is filed within the deadline.  Social Security allows 60 days to appeal a decision that you disagree with (a denial).  After the 60 days have expired, no appeal is possible.

Filing a new claim is your only option then, and the new claim will meet the same fate.  Here's the way it work:

New Claim =  Same Agency = Same Evidence = Same Decision

Think of it as a ladder.  Your application begins on the lowest rung.  An appeal moves it up the ladder to next rung.  Each time you are denied, appeal and keep moving your case up, up, up the ladder toward to top.

A new application goes to the lowest rung on the ladder again.  It doesn't move up.  Therefore, nothing good happens.

An appeal moves your case up the ladder to a higher authority.  Each time you move up the ladder, your chance of approval gets better and better.

RUNG 1:  Your application is reviewed by the state agency.

RUNG 2:  Your appeal is reviewed by a different decision maker.

RUNG 3:  Your appeal goes to an Administrative Law Judge (hearing).

Rung 3 on the "ladder" is your best chance.  But you can't get there by filing new application after new application.  You only get there by appealing every denial.

Get a Social Security specialist to move your case "up the ladder" toward approval.  If You Don't Win, You Don't Pay.

________________

The Forsythe Firm

Social Security Disability Specialists

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

CALL (256) 799-0297

BIGGEST MISTAKES BY PEOPLE TRYING TO GET SOCIAL SECURITY DISABILITY

Getting approved for SSDI benefits is never easy.  Avoiding these mistakes can make it a lot easier, faster and better paying:

1.  Get adequate and current medical treatment.  The formal medical evidence is the most important part of your claim.  See your doctor and follow medical advice.  Get the tests your doctor advises.

2.  Stop working before you apply.  If you are working, Social Security will give you a Step 1 (right off the bat) technical denial.

3.  See if you have enough "work credits" to be covered.  Most people can apply up to 5 years after they stop working and paying into Social Security.  If your work history is skippy, you may not have as long.

4.  Don't work after you the date you claim your disability began.  This will cause you to be denied and there is no effective appeal for this.

5.  Be sure your disability is expected to last longer than 12 months.  Short term disability is not covered.

6.  Realize that the Social Security doctor will not approve you.  In most cases, the doctor that Social Security sends you to will cause a denial, not approval.

6.  Don't fail to get your own doctor's support.  Doctors have "pecking order" with Social Security.  They pay more attention to your own physician than any other doctor.  \

7.  Don't fail to get treatment by a medical specialist if you need to.  For example, a cardiologist will treat heart problems; an orthopedic specialists will help you with spine, bone or joint disorders.

8.  You must file a timely appeal.  Social Security denies about 70 percent of applications.  When denied, you only have 60 days to file an appeal.  This is a serious and strict deadline. The first appeal will usually be denied, too.  So, you file a second appeal and ask for a hearing before an administrative law judge. Keep going up the chain of command.

9.  Failing to consult a Social Security specialist.  Many mistakes may be avoided if you simply take time to speak to a specialist who understands the rules and regulations of Social Security.  Someone who has handled hundreds of disability claims and appeals can help walk you through the process.  Best of all, you won't be charged a fee unless you win and collect some past due pay!  YOU DON'T PAY  IF YOU DON'T WIN.

10 REASONS DISABILITY CLAIMS GET DENIED

Social Security denies up to 80 percent of disability applications.  Here are the top 10 reasons why claims are denied:

1.  Lack of Medical Evidence.  The law requires objective medical evidence of a severe impairment that makes it impossible to work a full-time job.  Without this hard evidence the claim cannot be approved, even if the judge believes you are disabled.

2.  Incomplete Claim Forms.  Every application that I've reviewed that was submitted by the claimant is incomplete in some way.  Most claimants skip questions or fail to complete every form they are sent.  Most common problems are with the Work History Report.  I don't think I have ever seen a complete Work History Report completed by the applicant.  The Function Report often suffers.  This is not the time to cut corners.

3.  Disability Won't Last 12 Straight Months.  Social Security does not cover a period of disability that lasts less than 12 consecutive months. 

4.  Claimant is still working.  If you are still working at substantial gainful employment when (or after) you file your disability claim, it gets a Step 1 technical denial.  You cannot work and get disability benefits at the same time, no matter how sick you are.

5.  Been Denied Before.  Many applicants get denied, then choose to file a new application.  The second application is nearly always denied, too.  It's usually much better to appeal the denial than file a new application.  An appeal takes you up the chain of command--to someone who can give you a new and better decision.  New applications often accomplish nothing (spinning your wheels)!

6.  Under Age 50.  Some claimants under the age of 50 do get approved, but only if they have very severe and obvious impairments.  Individuals age 50 and over have an easier time.

7.  Failure to Cooperate.  Getting disability benefits is a long process.  You will need to cooperate by completing all forms (and some of them are long), attending any scheduled exams, returning phone calls, answering questions, appearing at hearings on time, etc.

8.  You Can Do Easier Jobs.  Even if you can't do the work you have been accustomed to, you may be able to work at an easier job.  For example, you are not able to continue as a construction worker, but you could work at a sedentary (sit down) job or a light job (with no heavy lifting).  Social Security will find you not disabled because there is some work you could still perform.  This is particularly a problem for claimants under the age of 50.

9.  Stopped Working for Something Other Than Disability.  Social Security only covers one thing:  the inability to work due to a physical and/or mental impairment.  If you stopped working to care for a sick family member, because you had a fight with your boss, weren't making enough money, or went back to school--Social Security sees that as quitting work for "non-disability" reasons, which are not covered by the Social Security Act.

10.  Failure to Get Legal Help.  Disability attorneys and advocates understand the process, the requirements and stipulations.  They know what evidence is required to prove your case.  But can you afford legal help?  Yes, because you pay nothing up front and work off a contingency fee agreement.  You agree to pay a fee only if your case is successful and results in past due benefits.  If your case fails, or if there are no past due benefits, you cannot be charged a fee, according to Social Security regulations. If you don't win, you don't pay.

__________________

The Forsythe Firm

Social Security Counselors

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

"Across From Bridge Street"

CALL (256) 799-0297

FREE CONSULTATIONS

We work for you.  Not affiliated with the Social Security Administration or the US Government.

ALABAMA DISABIITY PROGRAM ISN'T IMPOSSIBLE: JUST INTIMIDATING

What makes trying to get Social Security disability benefits so intimidating?  Lots of things.  First, it's run by the US government.  They don't make anything easy.  Some other reasons.

1.  There is about a 75 percent chance of rejection, initially.  We all hate rejection.

2.  The forms, questions, and paper chase process amounts to dozens of pages and literally hundreds of questions, including:  "Do you help take care of any pets or animals?"  Or, "Do you visit family or friends, in person, on the phone or on the internet?"  Hundreds more.

3.  Most claimants must make not one, but two appeals to get approved.  The first appeal, called "Reconsideration," has a 95 percent denial rate.

4.  The second appeal is a hearing before an administrative law judge (ALJ).  While many ALJ's are professional and courteous, some treat you like you are a criminal.

5.  It takes way too long to go through the process.  For most folks, it will take a year.  For some, it will take two years or more.

6.  Claimants will be examined, investigated, questioned, poked, prodded and sometimes intimidated like never before in their lives. 

How Can You Make the Process Easier?

Put a go-between or mediator between you and the government.  Specifically, you want an "advocate" who who is dedicated to helping you and convincing the government that you qualify for benefits.  An advocate makes the process better in several ways.....

1.  You avoid most direct contact with the government.

2.  You do much less paperwork and receive fewer phone calls.

3.  The advocate knows the rules of the Social Security program, what to submit, when to submit it, how to word it....etc. 

4.  An advocate greatly improves your chance of being approved.

5.  If you go before a judge, your advocate "speaks the judge's language."  He or she can quickly explain what the judge needs to know to approve your case.

6.  Your advocate can easily answer all your questions.  You don't need to wait on hold for 15 to 45 minutes with Social Security.

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