KNOW WHERE THE MINES ARE BURIED

 

The most dangerous part of any battle zone is crossing it before the explosive mines have been found and disarmed. You can't see the mine until you've stepped on it, then too late!

Social Security disability hearings are like legal minefields. The claimant doesn't know where the mines are buried and often steps on them before realizing they are there. They are always buried just beneath the surface, waiting to destroy your claim.

The only solution is a guide who has a map of the minefield. He knows what the mines and where they are. In most cases, he can find them before you step on them and blow up your case.

This may sound a little dramatic but I promise it is literally true. For example, consider a recent hearing I had before an administrative law judge. The claimant was 55 years old with past work all at the medium exertion range. A very strong case. Except for the buried mine. He had one brief job that was performed at the sedentary level. If the vocational witness testified that he could still perform that easier, sedentary job, the claim would be denied and all benefits lost.

What I discovered was the this one problematic job was only performed for about 3 months. And the claimant was being trained to perform the work--thus he was a trainee for the entire period. And the training didn't go very well. So, when I was able to get that job title re-classified as a "trainee" and for only for about 90 days, the hidden mine failed to explode. The vocational witness testified that my client did not work long enough to learn the skills required for the job and the judge therefore ruled it was not past relevant work. Problem gone! Case won. Money in the bank. But it could easily gone the other way!

It's one simple example of how an attorney/advocate who knows the rules can side-step the mines and cross the minefield safely to bring home the money!* A simple oversight in this case would've cost this claimant tens of thousands of dollars and a lifetime of benefits.

Get a lawyer and let him/her guide you across the minefield. There is no risk, the cost is very small and it beats losing your case and all your money. Once you step on a mine, it's almost impossible to recover and undo the damage.

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*I do not mean to represent that having an attorney or advocate always results in winning a case and certainly there are no guarantees as to the outcome of any case. But I think you are better off, by far, with someone who knows the process and how to navigate it.

THE PROCESS IS DESIGNED TO KEEP YOU OFF DISABIITY BENEFITS. THAT'S RIGHT....OFF.

 

The Social Security Administration tries very hard to keep people OFF disability benefits.

You might think that Social Security wants to include as many people as possible on their disability plan. Just the opposite is true. The disability application process is well designed to keep you OFF disability benefits. And it works very well. Most people keep getting denied. They apply again, and get denied. Apply again and get denied.

I talk to people every day who have tried and failed to get disability benefits. Many of them have tried for years--only to fail again and again. Why? Because tThe system is not designed to approve you. The system is designed to deny you.

Imagine a football game. The players keep moving the ball around for hours. But nobody scores. No player gets the ball close to the goal. They keep moving the ball laterally across the field, from one side to the other, but not toward the end zone and goal. The game could go on until everyone is exhausted or too discouraged to play any more, but no one is going to win.

Social Security disability cases must be moved toward the goal line. Having a case just move across the field is no good.

The Forsythe Firm knows the direction your disability case needs to move--upward, upward, towards the goal of getting an award--an approval. Movement isn't enough. Movement must be in right direction! Call the Forsythe Firm and let us find out what direction your case is moving (if it's moving at all). The consultation is FREE and you will never be charged a fee unless you win and recover your back pay. Call (256) 799-0297.

HOW TO MAKE ENDS MEET WHILE WAITING ON SOCIAL SECURITY DISABILITY

 

Unfortunately, many claimants wait twelve months or more to get a favorable decision on their Social Security disability claims. Of course, disability means that these claimants are not working. This begs the question, "How do I make ends meet while I'm waiting on Social Security to approve me?"

There is no simple answer since Social Security has no temporary or emergency benefit. Most claimants cut expenses to the minimum and put together several sources of help to make ends meet while they are waiting. Some of these may include:

• Applying for disability benefits with your employer (STD and/or LTD)

•  Using savings wisely to help pay for necessities. 

• Taking out a second mortgage or home equity loan;

• Opening a line of credit or using credit cards, as long as you do so responsibly and only for necessities;

• Borrowing against a 401(k) or "cash value" life insurance policy; or

• Asking to borrow from family and/or friends.

• Getting SNAP assistance (food assistance) from the local Dept. of Human Services.

• Contacting "Hardest Hit Alabama" for help with mortgage payments (https://www.hardesthitalabama.com/contact.aspx)

• Call your utility company to see who helps with utility bills.  

•  Working part-time but you must not earn at least $1,310 per month gross. 

WHY NOT APPLY FOR UNEMPLOYMENT BENEFITS?

State unemployment benefits are for persons who are able to work, ready to work, and looking for work. They are not intended for disabled individuals. If you receive unemployment benefits, it may render you ineligible for Social Security disability payments for the months that you received unemployment benefits. Under Alabama rules, if you are disabled you are no longer in the workforce (the pool of available workers), and not entitled to unemployment benefits. There is a serious conflict between unemployment and Social Security disability.

Hiring an attorney may or may not speed up your SSDI benefits. However, getting representation will definitely approve your chance of being approved. Statistics show that claimants with legal representation get approved between 2 and 3 times more often than non-represented claimants. And possible a knowledgeable attorney/advocate can prevent mistakes that could delay your claim for months.

Get a free consultation about the particulars of your SSDI claim--FREE--by calling the Forsythe Firm in Huntsville. We have 20 years experience in Social Security disability and we work only in this area of practice. Our firm has a high success rate with SSDI claims and appeals. You may speak to us about your case at no cost, no obligation, by calling (256) 799-0297.

THE WORST MISTAKE YOU CAN MAKE WITH SOCIAL SECURITY

What's the worst mistake you can make when trying to get Social Security disability?

Answer:  Waiting too long to file an appeal when you're denied.

In about 70 percent of cases, applicants will get a letter saying, "You are not disabled under our rules."  This is the standard response to most applications.

 The most important thing to do after being "denied" is to file a written appeal, called a "Request for Reconsideration." THIS MUST BE DONE WITH 60 DAYS. This will also be denied. 

 Then, within 60 days, another appeal must be filed which requests a hearing.  At this stage, you have a good chance to win and be paid.

However, if you wait longer than 60 days to file an appeal (at any step), your right to an appeal expires and this mistake can never be corrected.  So, your case only "lives" for 60 days after a denial unless you file an appeal.

You may be able to file a new application and start over.  This will require waiting another 6 months for an initial decision, then waiting 3 to 5 months for Reconsideration, then waiting 6 to 12 months for a hearing.  So,  starting over with a new application can delay your benefits by up to 2 years.  And, your insured period may expire before you file the new application, making it impossible to ever file a new claim.

BEST thing you can do:  File your appeal within 60 days of any denial.

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Need help with a Social Security appeal or hearing?  Call the Forsythe Firm in Huntsville at (256) 799-0297.

 

YOUR OPTIONS AFTER SOCIAL SECURITY DENIES DISABILITY

 It may come as a surprise to many that Social Security denies most disability claims.  In fact, the agency denies about 70 percent or 7 out of 10 applications.  However, a denial is not the end of the matter.  The following appeals are available: and must be done in sequential order:

1.  Reconsideration.  This is the first appeal and must be done first.  This written appeal must be made within 60 days of the denial. This sends your claim back to the state "disability determination service" that made the decision to deny.  It asks them to review or "reconsider" their action.  Sadly, the agency will probably deny your claim again at this stage, as the denial rate at "Reconsideration" is between 95 and 98 percent.

2.  Hearing Before an Administrative Law Judge (the Hearing);  

Within 60 days of denial at Reconsideration, an another appeal should be filed asking to appear at a hearing before an Administrative Law Judge (ALJ).  This step in the process has the highest chance for an award of benefits (about 45 percent on average).  A hearing requires a lot of preparation and expertise.  The odds of winning without an attorney or advocate is about 33 percent.  With an attorney/advocate, the odds of winning are 60 percent.  Obviously, we advise never going to a hearing without representation.

3.  APPEALS COUNCIL (AC).  If the hearing produces another denial, you have the right to ask the Appeals Couincil to review your case.  This is a body of administrative law judges headquartered in Falls Church, Virginia-near Washington, DC.  You will not appear for this review.  A judge will be assigned to review your hearing and testimony to determine if further action is needed.  The AC may take any of the following 3 actions:  (1)  Refuse to review your case, leaving the denial in place, which happens about 78 percent of the time.  (2) Remand your case, sending it back to the administrative law judge (ALJ) who first heard it, requesting a new hearing or further action (about 15 of the time).  (3) Reverse the denial and award benefits, which happens no more than 5 percent of the time.

4.  SUIT IN FEDERAL DISTRICT COURT.  Within 60 days of an unfavorable action by the Appeals Council the claimant may file a complaint in the Federal District Court where he/she lives or where his or her principal place of business is located.  A filing fee must be paid unless the court waives the fee based on inability to pay. The Social Security Administration is exempt from lawsuits; however, a suit may be filed against the current Commissioner of Social Security.  The Commissioner's name will appear on the complaint as the defendant.  The Commissioner will file an "answer" to the court, explaining why benefits were denied and arguing that it was proper.  There will be some back and forth between the claimant and Social Security's lawyers, usually in the form of written comments to the court.  The claimant will be represented by an attorney, who will handle this process.  The court may take any of 3 actions:  (1) Overturn the denials and pay the claim.  (2) Deny the claim and let the previous denials stand.  (3) Remand the case back to Social Security for further review.

A denial in US District Court usually ends a claim, since there is no further practical appeal.  It is technically true that Social Security claims may be adjudicated by the US Supreme Court; however, this isn't practical.  The Supreme Court may hear a rare Social Security case about once per decade  but usually only cases involving important principles of law that extend beyond the normal issues in a routine Social Security claim.  And since there are hundreds of thousands of denials every year, that doesn't give a claimant much access to the Supreme Court.  So, practically, the case ends at the Federal District Court.

At any point along the way, a claimant may dismiss an appeal, or refuse to file an apeal, and file a new application with Social Security.  Before choosing the option to file a new application and start over, the claimant must assess 2 important factors:

1.  Has the Date Last Insured already passed?  If so, it may severely limit the ability to win a new claim.  Every individual has a date upon which Social Security Disability Insurance or SSDI expires for new claims.  Check to see what this date is.

2.  Is there material new evidence or material change in the claimant's circumstances since the most recent decision?  If not, it may be very difficult to prevail with a new application.

In every case, advise by an attorney or qualified advocate can be of tremendous value in guiding a clailmant through the appeal process, or in making decisions about what action to tqke next.

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

Phone:  (256) 799-0297        Email:  forsythefirm@gmail.com

 Forsythe Firm Website

WHEN SOCIAL SECURITY TREATS YOU LIKE A CRIMINAL

 You walk into to a room for a Social Security disability hearing with your representative.  A person called an administrative law judge begins the hearing.  These hearings are supposed to be fact finding, nonadversarial and non-confrontational.  Unfortunately, not all are.  In fact, some judges may treat you more like you're a criminal than someone who is merely trying to collect on a legitimate insurance claim.

The judge swears you in.  The questioning begins, perhaps pretty calmly.

"Tell me why you think you are unable to work."  You explain.

"Have you tried to find any other work that you might be able to do?"  No, you say.

"Why not."  You say you don't think you're able to work.

"Have you been to the state rehabilitation service to see if they can help you get a job you CAN do?" You say no.

"Why not?"

Then, your representative introduces a detailed medical source opinion from your doctor.  In it, your doctor says you have severe medical conditions.  The doctor lists a number of specific reductions in function that would not permit you to hold a full-time job.

The judge begins to abuse  the doctor's statement:

Did the doctor do any tests to determine these limitations or did he just make them up?

Were you present when the doctor filled out this form?

Did you tell him what to write down?

Did you tell the doctor how much you can lift or how long you can sit or walk?

Then how does he know?

Where is there any objective evidence to support these limitations?

It says here that you "may" need extra time to complete your work, it doesn't say you WILL.

The medical record says that you were able to walk into the doctor's office without any assistive device, could sit in the chair while he talked to you with no signs of pain or discomfort, and could climb on and off the exam table without assistance."

As you try to explain your symptoms, the judge just keeps reciting reasons why he/she is going to deny your claim:

It says you have a 4 year-old daughter; can you lift your daughter?

Well, how much does your daughter weigh?

Are you able to take care of your child?  Who prepares her meals?

You can you can't drive very far, do you drive to the doctor's office?

When you get a hearing like this, it really means one thing.  The judge has probably made up his/her mind to deny your claim and nothing you or anyone else says is going to change it.  This judge has a bias, probably against all claimants, not just you.  He or she will keep questioning until they find some reason to deny your benefits.  You never had a chance.

Fortunately, not all judges conduct their hearings this way.  But if you get one who does, you may as well pack up and go home because your claim isn't going to get paid.

It's ironic that in the same building, one judge pays 70 claimants out of 100 claimants who appear over a period of time; another judge may only pay 12 or 13. They like to talk about "uniformity," but in reality there is none.  It depends on the judge you get.

In reality, Social Security judges use a two-step system to adjudicate claims:

1.  Can we pay this claim?

2.  Do we want to?

Congress needs to overhaul the Social Security disability system.  It should not take 12 to 36 months to get your claim decided.  And most claimants should not need attorneys or advocates to get their benefits.  The fact that they do indicates a serious problem in the system. 

By the way---Never, Ever go before any judge without representation.  Never, Ever. 

 

YOUR CHANCES AT THE FLORENCE HEARING OFFICE

When your Social Security disability claim is denied you appear before an administrative law judge for a hearing.  Most hearings in our area are assigned to an administrative law judge in the Office of Hearings Operations (OHO) in Florence, AL.

 You chance of getting paid does not depend all that much on the type of disability you have, the medical evidence, or the opinion of your doctors.  It depends, as much as anything else, on the judge who is assigned to hear your case.  Judges have different personalities, different styles and apparently different views about disability.

Some judges may pay over 70 percent of the cases they hear, while others may pay as as low as 19 percent of their hearings.

Do some judges hear essentially different types of cases so that fact would account for the radically different award rates?  No, since cases are assigned at random on an equal basis to all judges in the office.  It's not like one judge is hearing cancer cases and another is only hearing less serious medical impairments.  They all hear the same type of cases over a period of a year or two.

Based on data provided by OpenGov@Social Security, here are the recent award (approval) rates of judges in the Florence hearing office, highest to lowest:

Judge A     84 percent     (awarded 168 out of 221 cases)

Judge B     76 percent     (awarded 371 out of 441 cases)

Judge C     68 percent     (awarded 271 out of 398 cases)

Judge D     53 percent     (awarded 83 out of 257 cases)

Judge E     35 percent     (awarded 108 out of 305 cases)

Judge F      20 percent     (awarded 64 out of 316 cases)

Judge G      19 percent     (awarded 42 out of 221 cases)

So, if you are coming up for a hearing, the single biggest factor seems to be which judge will be assigned to your case.

As you can see, there is little uniformity among the judges.  As Dirty Harry would ask, "Do you feel lucky?"

So on a lucky day you could walk into a hearing with judge B and have a much higher chance of approval compared to appearing before judge F or G on the unluckiest day of your life.