WHY HAVING AN ATTORNEY HELPS YOU GET DISABILITY

WHY AN ATTORNEY OR ADVOCATE HELPS YOU GET DISABILITY BENEFITS

 

Sure, you can try for Social Security disability without an attorney or "representative."  But just because you can doesn't mean you should.  Most judges will advise you to postpone your hearing and come back with representation.  That is because judges realize that having an attorney or representative is in your best interests.

I think some claimant's reluctance to get representation is because they don't realize what a representative can do for them.  Let's talk about a few of the important things a representative will do (things that probably will not be done if you represent yourself).

1.  A representative will analyze the technical aspects of your case and decide on the best legal theory (approach) to win.  Can you meet or equal a Listing?  Do you meet one of the Medical-Vocational Rules?  So you need to go all the way to Step 5 in the process and prove that there is no job in America that you could do?  How's the best way to prove that?  How can your doctor help prove it?

2.  A representative will obtain and analyzie your medical records to find proof for your claim. Sure, Social Security will attempt to get your medical records.  They may or may not get them all.  But they won't analyze them the way your advocate will.  And they may not go the extra mile to be sure all the evidence is obtained.

3.  Your representative will write a legal brief--outlining succintly why your case meets all the rules and regulations to be paid.  Judges use these briefs to get a 15-minute summary of the medical, vocational and legal view of your case.  If there are legal problems with your case, they can be explained or clarified here-and perhaps the problem can be solved even before the hearing begins.

4.  Your representative will solve problems that could have got you denied.  There are few perfect claims.  Most of them have problems that stand in the way of getting approved.  A representative recognizes the problems and works to solve them as early in the process as possible.

5.  A representative will answer the judge's questions.  Let's say the judge has questions about the alleged onset date.  Or meeting a Listing?  Or about unemployment benefits, or drug or alcohol issues...or part-time work.  There are a hundred questions that can come up during a hearing, and how they are answered may depend on whether you get an approval or denial.

6.  Your representative can cross examine the vocational expert (VE).  All hearings for an adult claimant  will include testimony by a job's expert (VE).  The VE will usually propose jobs that the claimant can still perform, thus suggesting a denial of benefits.  A skilled representative can question the VE and hopefully mitigate the damage created by his'/her testimony.  This can literally snatch victory out of the jaws of defeat.

7.  Your representative will seek all the back-pay available. You want to get the most pay available out of your claim.  Back payments depend on the date you first became disabled (onset date) and other factors.  Your representative will keep your back-pay in view as he or she helps to settle your claim.

8  Your representative is a vital source of solid, reliable information.  You can ask questions and expect dependable answers about your claim.

Attorney/representatives do not charge you a fee unless.....

A)  You win your case, and

B)  You are awarded back-pay or past due payments

You do not pay any money upfront.  All services are without cost to you--from the first call to the payment of back pay by the government.

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Call Us:  (256) 799-0297

Email Us:  forsythefirm@gmail.com

Visit Our Detailed Webpage:    DISABILITY WEBSITE

 

 

WHY YOUR NEIGHBOR GOT DISABILITY BENEFITS BUT YOU DIDN'T

 We have all heard the stories.  My neighbor was approved for SSDI benefits and gets a check in his mailbox every month.  I applied around the same time and was denied.  I am more disabled than my neighbor!  Why wasn't I approved?  This perplexes almost everyone who has lost a claim.

There could be a million reasons.  Some of them make sense, some of them don't.  

Let's look at some of the things that may have affected your denied claim.

• What is your age?  What is your neighbor's age.  If you are  under 50 and your neighbor is 50 or older, you are playing with two very different sets of rules.  So, age is my first question. 

• What is your medical impairment?  What is your neighbor's  impairment?  Some impairments are much more likely to be approved than others.  Cancer, heart failure, COPD, etc. are much more likely to be paid than fibromyalgia, anxiety or  back trouble.

• Who was the judge?  Judges pay rates (averages) are not the same--not even close.  Judge Alpha in Room 1 may pay 14 percent of her claims, while Judge Beta in Room 2  may  pay 70 percent. And we don't pick the judge. I don't think this inequity is right, but nobody asked me.  You see how luck figures into it?    

• Did your doctor get involved?  Did you get your doctors get involved?  Did you ask your physician to complete a Medical Source Statement which states your degree of limitation concerning work related  activities?  If not, it may have hurt your chances. 

My point is:  there are literally dozens of factors that help determine how a claim is decided.  Each case has dozens of variables:  different age, education, past work history, medical record, witnesses, transferable skills--not to mention the difference in judges. Then, there's how well the claimant testified at the hearing.  

The important point, I think is:  How to respond to a denied claim.  In most cases, the best thing is to appeal within the allowed 60 day time limit.  A recent study suggests that about 50 percent (yes, one half) of denied claims can be approved on appeal.  So, get yourself a lawyer or Social Security advocate-specialist--and appeal the daylights out of your denial.  It will probably pay off.

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The Forsythe Firm   7027 Old Madison Pike   Huntsville, AL

CALL US for a free consultation:  (256) 799-0297

*Free  consult for Social Security disability cases only.

DISABILITY CLAIM IN ALABAMA? WHAT YOUR DOCTOR CAN DO TO HELP GET APPROVED

 Your doctor may hold the key to getting your Social Security disability claim approved.  But you must know what to ask your doctor to do.  

First, a word about what doctors may not do.  A doctor may not render an opinion about whether a patient is disabled.  He may not state that an individual is not able to work.  Why?  Under the law, these opinions are reserved only to the Commissioner of Social Security.  A doctor may not draw a conclusion reserved for the Commissioner.

So, other than routine medical records, what may your doctor provide to help your claim?

The technical name for what you want from your doctor is a Residual Functional Capacity Opinion.  These are also called Medical Source Statements.

This is a specific form used by Social Security.  Doctors do not have the form; you need to obtain it from your attorney or representative, and take it to your doctor for completion.

 Your doctor may offer to simply write a letter for you, instead. You should decline this offer and ask for the Medical Source Statement (form).  Why?  The doctor's letter will invaribly make statements that are not admissible as evidence (reserved to the Commissioner).  The doctor's letter is always fail to give specific data that Social Security requires to make a favorable decision.  Thus, use the form, not a letter.

A properly completed Medical Source Statement from your treating doctor can be a good tool to support your disability claim.

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THE FORSYTHE FIRM

Social Security Counselors

Huntsville, AL 35806

CALL US (256) 799-0297 

Email Us:  forsythefirm@gmail.com

 

 

HOW TO HANDLE A SOCIAL SECURITY DISABILITY DENIAL

 

 

 The usual result of filing a disability application is not payment, but denial.  You need to know how to deal with a disability denial.

If you are denied, you have 60 days (a firm deadline) to file an appeal.  This is the correct action.  Most claims do not get paid at the application stage; they are paid at the appeal stage. You may file an appeal online, by calling the local Social Security field office, or though an attorney or Social Security disability advocate.

I know this sounds crazy, but 95 percent of appeals will be denied initially, in the "Reconsideration" process.  I consider "Reconsideration,"(the first appeal) just a hoop you must jump through to get to the next level."  You can't skip it, so file an appeal asking for "Reconsideration."  Expect to be denied again.

Within 60 days after your "Reconsideration" is denied, you must file the "real appeal."  This appeal requests a hearing before a US Administrative Law Judge (ALJ).  The hearing is where most claims get paid, if they ever do.  It's your absolute best chance to get a fair hearing and get approved.

I recommend an attorney or non-attorney disability specialist at the beginning of an appeal process.  There is evidence that having a specialist involved in your claim increases your chance of winning by up to 75 percent.  You only get one hearing, so there is no chance to go back and do something over if you fail the first time.  

Since you are going before a federal judge, it makes sense to be represented by a professional who has been there hundreds (or thousands) of times and knows what to expect.  Your representative also knows what must be proven, and how to prove it.

You can talk to an attorney or advocate for free.  Even if you "hire" a representative to help you, you cannot be charged any fee or expenses unless you WIN and collect BACK PAY from Social Security.  When that happens, Social Security will pay the attorney directly, using a small percentage of your back pay.  You will keep 100 percent of future benefits forever.  If you don't receive any back pay, the attorney gets no pay--and his/her service has been free, according to the law.

So, let's recap the following points of how to deal with Denials:

1.  Appeal within 60 days.  This will not be extended.  60 days.

2.  If denied again, appeal again and ask for a Hearing.  Same 60 day rule here.

3.  Appoint an attorney or advocate to build your case and represent you--going with you to the hearing to protect your rights.  The attorney gets paid only if you receive back pay.  If you don't win, you don't pay.

It usually takes 2 appeals to get a Social Security disability claim paid.  It's a process that can be long, difficult and technical.  It is beyond the ability of most claimants without some help.  Remember, you can call and talk to a professional representative at no cost, no obligation. 

__________________

The Forsythe Firm    7027 Old Madison Pike  Suite 108   Huntsville

CALL US:  (256) 799-0297

EMAIL US:   forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website

 

 

CAN MY CHILDREN RECEIVE DISABILITY BENEFITS? WHAT ABOUT MEDICARE?

 If you qualify for Social Security disability benefits, will your dependent children also get a benefit?  The answer is yes.  Most likely your dependent children who are still in school and under the age of 19 will also qualify for a monthly check.

What about Medicare?  Disabled persons usually have need for ongoing medical treatment.  This can be expensive, even prohibitive due to the cost.  When a person qualifies for SSDI (Social Security disability), Medicare is always included.  Medicare pays a majority of doctor bills, hospital charges and diagnostic tests.  You may purchase a supplement (called Part C), which picks up most of the co-pays and deductibles not paid by Medicare.  Add Part D, and prescription drugs can be covered, too. Medicare is a valuable part of SSDI benefits.  It can save you thousands of dollars per year in medical expenses.

Is it easy to qualify for SSDI?  No, it isn't.  Social Security has a very restrictive definition of "disability."  You must prove that you meet all of their rules and regulations, which is very difficult and time consuming.

It will help you to get a disability representative or attorney to help prove your case.  When Social Security denies your benefits (as they often do), your attorney/representative will go to work on appeals to get your denial overturned and your case approved.

Most cases wind up before a federal Adminstrative Law Judge (ALJ) for a hearing.  Here, your attorney/representative can be of enormous help to you--because he or she understands the laws, rules and procedures.  Knowing the burden of proof and how to meet it, your attorney/representative knows how to proceed with the case to give you the best chance to win and be approved.  There is no cost for an attorney unless you win your case and also recover past due benefits.  Attorney's fees are paid out of past due benefits.  If you don't win, you don't pay.

SSDI benefits, once approved, can last until your full retirement age, then convert to Social Security retirement benefits.  Medicare will continue for your lifetime if your disability doesn't end prior to age 65.

SSDI and Medicare is the most valuable financial benefits that most Americans will ever get!  It takes effort to be approved, but it's well worth it.  The average SSDI case is worth over $500,000 in benefits, and that's not counting the benefits of Medicare.

Delay costs you money and may result in "expired" benefits.  If you have worked at least 5 out of the past 10 years, have a severe disability that has lasted (or is expected to last at least 12 straight months or more)--you should apply immediately.  

______________

The Forsythe Firm

Social Security Disability Counselors

Huntsville, AL 35806

CALL (256) 799-0297

E-Mail US:  forsythefirm@gmail.com

https://forsythefirm.wixsite.com/website

HOW SOCIAL SECURITY DISABILITY REALLY WORKS

 If you can see a disability claim in your future, you owe it to yourself to find out how Social Security's disability program really works.  Don't depend on information from family, friends or co-workers because there are so many misunderstandings about disability benefits--and this misinformation can cost you a lot of money and cause needless delays.

Here's how SSDI (Social Security Disability Insurance) actually works:

1.  It is disability insurance purchased through the US Government.  Each day you worked, your employer deducted roughly 7.5 percent of your pay and paid it to the Social Security trust fund.  The employer matched each dollar deducted with $1 of his own and contributed for you.  So, roughly 15 percent of your pay has gone into the Social Security trust fund to buy this mandated insurance.  No everyone is covered.  You must have worked at least 5 years out of the most recent 10 years to have coverage.  These are called "Quarters of Coverage."

2.  You must become unable to work while you are a covered (insured) individual.  If you are under age 55, the definition of "disabled" means you cannot perform any full-time work which exists in the national economy.  If you are 55 or over, "disabled" usually means that you cannot perform any of the work you have done during the most recent 15-year period.  So, the definition is very strict and based partly on your age at the time of application.

3.  You must submit a long, complicated and meticulous application for benefits and wait an average of  five months for it to be processed.  About 70 percent of these applications are denied.

4.  If denied, you must ask for "Reconsideration," where your claim goes back to the same state agency that denied it.  They will review your claim again, and in 95 percent of cases, will deny it again.  This is just a hoop you have to jump through on the road to getting benefits.

5.  If denied at Reconsideration, you will appeal again and ask for a hearing before a US Administrative Law Judge.  This is where most claims actually get approved.  You will want an attorney or experienced advocate with you at this hearing because it is highly technical and involves issues you won't understand.  

Representation during this long process won't cost you anything unless (A) you win your case, and (B) you collect past due benefits.  If this happens, Social Security will pay your representative directly out of money they have withheld for that purpose.  If you do not collect past due benefits, no fee can be charged.

If you need assistance with a Social Security disability claim in north Alabama or middle Tennesee, please contact the Forsythe Firm in Huntsville, AL at (256) 799-0297.

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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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.

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

CALL  (256) 799-0297

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.

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The Forsythe Firm

Social Security Disability Specialists

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

CALL (256) 799-0297