TOUGHEST QUESTIONS AT A DISABILITY HEARING

Social Security hearings are held so a judge can look at the claim and decide whether disability benefits can be paid under the law.

A lot of the questions are routine:  your age, past work, when you stopped working, your highest level of education?

Some of the questions are....well....tough. Such as:

"If you had a job where you could rotate from standing to sitting as often as you want, had to lift nothing heavier than 10 pounds, and only had to make simple decisions--why couldn't you do that job?"

(This describes a sedentary unskilled job, which is usually what determines the decision for claimants under age 50).

Example of this type job would be:  ticket taker, hand packager, or parking garage attendant.

Factors that may keep you from being able to perform these type of jobs would include:

• severe, chronic pain
• inability to concentrate or remain on task
• inability to get along with supervisors or the public
• need to lie down a few times each day
• inability to use the hands for repetitive motions
• the need for a break more often than every 2 hrs.
• being absent more than 1 day a month due to illness.

Your attorney or representative will sit down with you prior to the hearing and help you truthfully answer the "tough" questions you may get during your hearing.

DISABILITY JUDGES IN ALABAMA & THEIR PAY RATES

Most Social Security Disability (SSDI) cases wind up before an administrative law judge, who will decide whether or not to approve and pay the claim.

The approval rate of north Alabama judges varies widely from judge to judge, as the following data shows:

ALJ	Approval Rate
Digby, Patrick R.	31.83%
Green, Gloria W.	56.59%
Grimes, James	N/Available
Lewis, Jason A.	52.44%
Richey, Mallette	38.30%
Weaver, Cynthia G.	17.17
Williams, Lori J.	36.43%
Wright, Douglas A.	73.56%

*Data from http://www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.html

The important thing is to be sure your case is prepared well and presented to the judge in the best manner possible.

Being properly represented plays a huge part.  

WHAT WILL A DISABILITY JUDGE CONSIDER?

Most people who apply for Social Security disability will wind up before a judge, who must decide if they qualify for benefits.  What type of things will the judge consider?

In addition to your medical record, there are several factors that a judge will look into:

1.  Your Work Record.  Judges like to see claimants who have a long, steady work history.  This gives the claimant a great deal of credibility.

2.  Are Other Family Members on Disability?  Judges don't like to see a household where multiple members of the family are on disability benefits.

3.  Have You Tried to Keep Working?  Judges will ask how you have tried to stay in the workforce.  They want to know about medical treatment, physical therapy, rehabilitation or looking for an easier job that you may still be able to perform.

4.  What Are Your Hobbies and Recreational Activities?  You say you are not able to work, but how do you spend your time?  Do you go to ballgames, hunt, fish, travel or engage in other hobbies?  Do these recreational activities indicate inconsistency with the idea that you are disabled?

5.  Do You Have Unreported Wages?  Judges want to know if you have worked "under the table."  They usually view this as dishonesty because no FICA or federal tax were paid on these earnings.  Such work may also indicate that a person really isn't disabled, since they have been working.

6.  Do You Have Transferable Skills?  You may have performed a job in the past that you are no longer able to do.  In that job you may have used skills that can be transferred to easier jobs that you can still do.  A vocational expert at your hearing will assess any transferable skills and the judge will decide how those skills affect a disability decision.
___________
THE FORSYTHE FIRM
7027 Old Madison Pike   Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

Email Us:  forsythefirm@gmail.com

Free phone consultations available     No fees unless you win!

ARDMORE DISABILITY ATORNEYS & ADVOCATES

Ardmore, AL and Ardmore, TN are served by the Forsythe Firm, helping Ardmore residents get the Social Security disability benefits they deserve.

Sure, you could go to an out of town firm and hire someone you will never meet.  But why not hire an expert who lives and works near your home?  

We offer:

1) Local appointments right here in north Alabama.

2)  Free consultations by phone or in person.

3)  Contingency Fee:  You pay us nothing up front, and never pay us a fee until your benefits are paid.

4)  One advocate who will stay with you and your case until it is resolved.

5)  The ability to reach your managing advocate with one phone call.  Yes, we will answer you call.  Yes, we do return calls if you miss us.  We'll be here for you!

Some things Ardmore residents should know about Social Security Disability Insurance (SSDI):

1.  Denials are very common and do not mean that you can't get a benefit.

2.  Most claims are approved in the appeal process, not by filing an application alone.

3.  Most claimants choose to get professional help when trying to get benefits.

4.  You cannot be charged a legal fee if unless you win your claim.  Any fee charged by your attorney/advocate must come out of your back pay.  No back pay, no fee.

5.  If you initial claim is denied, you only have 60 days to appeal.

CONTACT THE FORSYTHE FIRM AT (256) 799-0297.

EMAIL US AT forsythefirm@gmail.com

DISABILITY COUNSELORS AND ADVOCATES FOR ARDMORE

WHAT VETERANS SHOULD KNOW ABOUT SOCIAL SECURITY

Veterans who served in any branch of the US military after 1964 have paid into the Social Security trust fund and are covered by Social Security disability (SSDI) for benefits if they become disabled.

The SSDI benefits are in addition to any retirement or disability payments received from the Veterans Administration (VA).

Here are some basic things veterans need to know:

1.  Social Security benefits are not automatic just because the VA makes a disability award.  The process is totally separate and the rules are different.

2.  VA may make a partial disability award (50 percent, 70 percent, etc.).  However, to get a Social Security disability benefit, you must be found totally disabled, i.e. unable to perform any type of full-time work.

3.  While SSDI benefits may be available, Social Security doesn't make them easy to get.  The application process is set up to DENY as many claims as possible.  Getting approved often involves a legal fight or appeal, which is complicated and frustrating if you try it alone.

4.  Veterans may be able to apply for SSDI benefits while they are still receiving active duty military pay.  The rule is that you are not able to perform your military duties, regardless of whether you are receiving full pay.  So, if you are waiting on a military board to discharge you for disability purposes, you may be able to apply for SSDI now.

5.  If a veteran has been award 100 percent permanent, total disability by the VA, Social Security can be made to expedite an SSDI claim and make a quicker decision.

6.  Our firm wins over 80 percent of the veteran's cases that we represent.  We are selective in the cases that we accept, but once we commit to represent you, our success rates are very high.  Our main source of new veteran clients is referrals from other veterans that we have successfully represented in the past.  We consider that a high honor.

7.  We will evaluate your case without any cost or obligation.  If we represent you, all our work is without cost or obligation until and unless you win your claim and receive past due payments from Social Security.
__________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US:  (256) 799-0297

SOCIAL SECURITY JUSTICE - WEBSITE

SCAM CALLS FROM (310) 620-7832

Be aware of scam and identity theft calls originating from this phone number:  (310) 620-7832.  On my caller ID, the call showed up as coming from California, although I suspect the real caller was outside the United States.

The initial call is usually a robo call (one dialed by a computer with a recorded message).

The call will saying something like:  "This is the US Treasury Department.  You are being notified of an investigation of illegal activity.  You are instructed to call us right away.  Failure to call us will be considered a second attempt to evade our enforcement actions and may result in severe penalty (or fines, or arrest, etc.)."

The US Treasury Department and the IRS never make this type of phone call.  It is ALWAYS a scam.  Do not return the call.  Do not provide the caller with any identifying information such as your name, address, Social Security Number, etc.  If you do, you will become a victim of identity theft.

If you return the call (please do not), a call center operator will ask for identifying information and will then ask you to wire money, a gift card or other means of "payment" which a real government agency would not accept.  Once you send this money, you can never get it back because it probably winds up in an overseas bank account in some place like Pakistan, Bangladesh or another foreign country.  

The scam is very widespread.  It is estimated that as many as 100,000 of these fraudulent calls are made each day in the United States.  They have many other telephone numbers that they use, not just the (310) 620-7832.

They may use a phone number for only one day.  Then, these scam artists begin using another number to call you.  Remember, they can spoof your caller ID to make it look like a real call from the US government.

Also, there are many variations of this scam.  Callers may pretend to be from the IRS, the Treasury Department, Social Security--or some other branch of government.  They use scare tactics to try to get you to send them money or provide them with bank accounts or other private information.  Do not return their calls; do not speak to these impostors.  They are always fake and always dangerous. 

The real Treasury Dept. and the real IRS do not make these type of calls.  They primarily make initial contact by US Mail, not over the phone.  They will not call you and threaten to arrest you or charge you fines.  Threats are always a sure sign of a scam call.  Just hang up.

I want persons reading my website to be aware of this dangerous scam and not be deceived by it.  These calls are very common. (I mean, 100,000 calls every day).

Some people get 2 or 3 calls in the same day.  And some of the callers sound very real.  However, many of them have heavy foreign accents and trouble with the English language, which is a sure tip-off.  For example, the woman who called me pronounced the word Florida, as Flo-RID-ia.  Don't speak to these people.  If you do, you will be sorry.  It will cost you money and misery.  A lot of misery.

OBSTACLES TO GETTING FEDERAL DISABILITY PAYMENTS (SOCIAL SECURITY)

Social Security can pay up to $2,800 per month to individuals who have become medically unable to work.  However, many people trying to get benefits will face severe obstacles which must be overcome.  The battle will often be long and hard and will test your willpower, reserve and maybe even your sanity.

Some of the roadblocks to SSDI benefits are:

You Must Be Disabled According to Social Secrity's Rules.  Everyone has their own definition of "disability."  Social Security has their version.  For persons under age 50, it means that you are medically so restricted that you cannot perform any full-time job which exists in the US economy.  Nothing.  That's a pretty severe limitation.   This is the major cause of denials:  "You are not disabled according to our rules."  Claimants will need to fight this determination with an aggressive appeal.

You Must Be Disabled for at Least 12 Consecutive Months.  Social Security has no benefit for a short-term disability, that is, one that has lasted or is expected to last for less than 12 straight months.  Thus, many severe medical conditions don't meet the duration requirement.

You Must Have Objective Evidence from your Doctor to Prove Disability.  This means examinations, tests, X-rays, MRIs or CT scans to show the cause and severity of your medical condition.  Decisions are based on hard medical evidence.  Without it, you won't be approved.

About One-Third of all Applicants Must be Examined by a Social Security Doctor.  These are called consultative examinations or CEs for short.  Unfortunately, these exams, which are paid for by Social Security, often don't help the claimant get approved.  In fact, claimants often have to hire attorneys and fight the consultative doctor's report.  

You Aren't Covered by Social Security Disability if You Haven't Worked Long Enough, or Recently Enough.   As a rule of thumb, you should have worked at least 5 years out of the most recent 10 year period to be covered.  A remote or skimpy work history may leave you without insured status at Social Security.  Find out by calling your local Social Security office.  Ask for your Date Last Insured or DLI.  If the date is in the future, you are still covered for a new claim.

You Have Gone Back to Work Since Filing for Disability Benefits.  Under Social Security's rules, a person cannot be working at substantial gainful activity (SGA) and qualify for a disability benefit at the same time.  You may have gone back to work out of sheer financial desperation; even so, working may torpedo your disability claim.  "I had to go to work, I was starving" isn't an excuse.  You are engaged in substantial gainful activity in 2019 if you earn gross wages of at least $1,220 per month.  (In 2018, the amount was $1,180; and back in 2016 it was $1,170).

Social Security Laws, Rules, Regulations and Procedures Are a Mystery to Most Folks.  You may need an attorney or advocate to help you navigate the system.  And you need patience.  The average waiting time to get a hearing before an administrative law judge these days is 18 to 24 months (and that's AFTER you waited up to 6 months to get denied in the first place).  So, not only is the process cumbersome, it's also long and frustrating.

Our firm is still offering free consultations and we foot the bill for expenses to appeal solid SSDI claims.  (You will reimburse us if you win).  You also won't be charged a fee for our services unless you win and receive back payments.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

Social Security Justice