DISABILITY BENEFIT RECOVERY

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  The average SSDI benefit is arou

7 times more women have fibromyalgia than men.  We don't know why.  What is fibromyalgia?  We know the symptoms but we don't know the cause.  There is no cure but there may be treatment to help. Can you get Social Security disability benefits for Fibromyalgia?  Yes, if it is severe enough to prevent working and you have the right medical evidence, hopefully from a rheumatologist. There is no Social Security listing for Fibromyalgia.  What you must do is evaluate the symptoms and how they interfere with the ability to perform work-like activities:  sitting, standing, walking, bending, lifting, kneeling, concentrating, staying focused or on task, etc. There are two sets of diagnostic criteria established by the American College of Rheumatology:  the first set from 1990 and a revised set from 2010. The 1990 ACR guidelines require that your doctor find at least 11 specific tender points.  However, the 2010 guidelines do not require tender points at all, if other cri

HUNTSVILLE, AL - (9/12/17) If you are a disabled veteran and need Social Security benefits, get in touch with the Forsythe Firm.  We are a veteran friendly, veteran experienced disability advocacy firm specializing in Social Security. Free case evaluations.  Never pay us a fee until after you win and receive your back pay. Call us at (256) 799-0297. (We work for our clients - not affiliated with the US Government)  

It takes too long to get a Social Security disability hearing.  With over 1 million people waiting for a hearing, the average wait time is around 18 months. But if you live in Huntsville or Madison County the wait time can easily be 24 to 30 months.  Why? Because Social Security has only one tiny hearing room available in Madison County!  They can only hold one hearing at a time. Huntsville comes under the jurisdiction of the hearing office and judges in the Florence, AL. ODAR office. Florence, with a population of 39,000, can accommodate multiple hearings at one time.  However, Huntsville, with a population of 193,000 (440,000 metro) is limited to one hearing at a time. If you are disabled and live in or near Huntsville, here are some things you might consider asking your representative to try: Notify Social Security that you are willing to travel to another city for your hearing (Florence or Cullman are the choices). Agree to waive any travel expenses and travel at your own

Why does it take up to a year longer to get disability benefits if you live in Huntsville, AL?   It is because Huntsville has only one tiny little hearing room, unlike much smaller towns that have up to four hearing rooms. If you are disabled, you probably will need a hearing before you can get benefits.  The average wait time for a hearing in Alabama is 17.3 months.  In the Florence ODAR office the wait averges 17 months.  However, if you live in or near Madison County, AL you can expect a wait of 24 months or longer. Again, the reason is that Social Security can only hold one hearing at a time in Huntsville compared to the ability to hold 3 or 4 hearings at once in the Florence ODAR office. Huntsville is under the jurisdiction of the Office of Disability Adjudication and Review (ODAR) in Florence, AL.  The judges have offices in Florence, not Huntsville.  Huntsville is considered a remote hearing site.  And since judges only have one tiny little hearing room available in Huntsv

I often get this question:  "I don't have just one major illness that makes me disabled; I have lots of little things that make me unable to work.  Can I get disability benefits?"  I'm to answer this the best I can.  The short answer is, Yes you may be able to. Social Security is required to look at all of your impairments that would cause a significant problem in performing work-related activities.  In fact, most claimants have more than one illness or impairment going on.  Decision makers will look at all the factors that impact your inability to work, whether physical or mental. Often, claimants will have a physical condition that causes significant pain.  That may lead to depression, anxiety or an inability to concentrate or persist.  They could work some days but some days they could not.  They could work part-time for a few hours a day--but could never work 8 hour days on a consistent basis.  These individuals are disabled under the Social Security definit

How common is it to qualify for back pay from Social Security in disability cases? The answer:  it is very common.  Most cases will qualify for some back pay.  Some cases will qualify for a lot of back pay. That's why it is important to approach your SSDI claim professionally, knowing the rules and the pitfalls that can cost you a lot of backpay (money) if you goof it up. It often takes Social Security 2 years or longer to settle a disability claim.  This is not the exception, it's the rule.  When your case is finally approved, you should be eligible for back payments, which will be paid in a lump sum when the case is finally approved.  Also, you may be eligible for some retroactive payments (covering a disability that began before you filed the application).  That will depend, of course, on filing the application correctly and alleging the earliest possible "alleged onset date" or AOD, as it's called. If you have an advocate or professional representative w

Most people who who deal with the US government, and especially the Social Security Administration (SSA) use an advocate or attorney to help them.  It's important for you to know how this representative will get paid for his or her services. First, the government does not pay your representative's fee.  While the SSA will withhold the fee from your past due benefits and pay the representative directly,* the fee comes out of your back pay settlement (and only your back pay settlement).  The fee is a percentage of the back pay you are given. For example, if you receive a back pay award for $12,000 and you have agreed to pay your representative 25 percent (the maximum allowable), your representative's fee would be $3,000.  This is the only fee you can be charged. What about your ongoing monthly benefit check?  It is all yours.  Social Security will not permit the representative to be paid anything out of the future monthly checks.  So, if your monthly disability check is

Think you may have a disability that qualifies for payments from Social Security?  Find out FREE by phone.  The Forsythe Firm welcomes disability case consultations by phone.  (256) 799-0297.   The maximum Social Security disability benefit for an individual in 2017 is $2,687 per month.  Your benefit could be different. Social Security determines your eligibility by considering:  you age, education, past work experience and medical impairments. Not everyone is covered by Social Security disability insurance (SSDI).  You must have worked a sufficient number of quarters during the previous 10 years to be covered. Generally, you will need 22 quarters of work out of the most recent 10-year period to be covered--but this will vary according to age. A qualified disability attorney or non-attorney advocate can give you a better analysis of your case and advise you what to do next.  Under current federal regulations, you cannot be charged a legal fee unless you are awarded benefits and

Social Security disability (SSDI) decisions are made by an agency called the DDS.  While the DDS denies most claims entirely, sometimes they will approve monthly benefits but move the alleged onset date forward to deny all back pay.  This is very common with DDS and can be appealed. Example: Jim claimed to have become disabled on 11-1-16. After deducting for his 5-month mandatory waiting period, he would be eligible for SSDI benefits from April 1, 2017 onward.  DDS approved the claim but set his onset of disability date at 8/1/17.  Now,after deducting the 5-month waiting period, and he won't get paid a benefit until January of 2018.  In short, Jim just lost 9 months of SSDI payments because of the change in his onset date. This amounts to a partially favorable decision which can be appealed.  However, the following factors must be considered when Jim appeals this decision. 1)  The appeal will involve a hearing before an administrative law judge.  Monthly SSDI payments will

Social Security is nothing if it isn't slow.  A disability claim can take months--or years.  How do you survive financially?  Here are some ideas about help while you wait. FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison Each county in Alabama has its own DHS.    MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  This is a state-wide list so scroll the list to find a clinic that is close to you.   http://www.needymeds.org/free_clinics.taf?_function=list&state=al Prescriptions?  Believe it or not, nearly every pill maker has a program to give medicine away to individuals who are unemployed and have no health insu

Since my job involves filing and appealing disability claims, I often see individuals who are unemployed, uninsured and can't afford to see a doctor.  My advice:  find a free clinic or one that will treat you for a low fee. Here is a link to such clinics.  ALABAMA FREE OR REDUCED COST MEDICAL CLINICS   There are 3 things to keep in mind as you seek out these clinics: 1.  Find one local to you.  Many clinics only treat patients who live in their city or county. 2.  Find one that treats your particular illness or condition.  Some clinics only treat women, others may only treat heart patients, or AIDS or diabetes, etc. 3.  Be persistent.  These clinics have more people calling them than they see.  You may have to call several times, go in for an interview, complete screening forms, etc. before you can get an actual appointment with the doctor.  They are not going to pick up the phone and say, "Sure, can you come on in right now?"  It will be a process.  But you&#

Social Security claims to use a non-adversarial process to handle disability appeal hearings.  In a way that's true but don't be lulled into a false sense of security. A non-adversarial process really means two things:  (1) Social Security will not have an attorney present at the hearing to argue against you, and (2) the hearing will use rules of evidence that are less formal than would be used in a civil or criminal trial. While Social Security has no lawyer at the hearing, it will have other professionals who can be tough:  the administrative law judge, the vocational expert and quite possibly the medical expert (doctor).  All these individuals have the potential to derail your claim. In short, if you go to your hearing unrepresented, there will be only person there who is dedicated to winning the claim. YOU.  There will no no one to watch your back.  That would be the job of your advocate, attorney or representative.   I've seen a thousand successful hearings wh

There's little doubt in my mind that the Social Security Administration (SSA) is the slowest agency within the United States Government!  It's possible, even likely, that you will wait 2 years or longer to get your appeal processed and paid. If you live in Huntsville or Madison County, add 6 to 12 additional months to the wait because Huntsville has only one hearing room. How do you keep your claim moving in this slow, bogged down system? First, you have to be familiar with Social Security rules, process and procedures.  They will always work within their own schedule, not yours.  They schedule the hearing dates; neither the claimant or representative can choose the date. The following tips may help you: Know what they need and give it to them.  There are certain things that SSA must have before they will make a decision on your claim--no matter what.  These things must be presented correctly and in the proper form. Not certain if everything is there?  Call them

You know the hardest type of case I get?  It's the individual who is still working, though in a lot of pain and struggling to keep on.  He or she needs to stop working, even the doctor says so.  But they absolutely can't survive without disability benefits and they cannot afford to be denied.  Here's the problem:  You cannot be approved for Social Security disability while you are working a full-time job. So, I struggle with giving the proper advice.  I don't want to encourage someone to give up their job, only to have them wait 2 years for a Social Security denial--which is always possible.   On the other hand, I don't want to tell someone they should not file a claim just because nothing is guaranteed.  Very few things in life are guaranteed and certainly Social Security is one of them. So, that's where I must leave it. It's the claimant's decision.  If they feel working another year or two is an option, that's probably what they should do. 

A Social Security disability hearing is not a trial and it is not a "court."  It is an administrative hearing before the US Social Security Administration.  It will last about 45 minutes.  Here are some common sense tips that may help you at your hearing. Arrive 1 hour early.  Meet your representative 1 hour before your hearing.  There are often things to sign and things to discuss.  Never arrive "barely in time." Bring your photo ID, which is required to get in. Dress clean but casual.  Don't dress up too much. Bring a list of your medications unless you have already provided it to your representative. Try to be calm.  When you are calm you can think more clearly and answer questions more clearly. Never bring a "prop" such as a cane, brace, crutches, etc. unless you really need them and use them regularly.  Judges see this as dishonesty and they hate it.  The judge's first question will be, "Which doctor prescribed that?" Before

Unrepresented claimants win 39 percent of their hearings. Represented claimants win 61 percent of their hearings. I could say a lot more but it's unnecessary.  If you have appealed an SSDI denial, you are headed for a hearing.  Get help and get paid. Call (256) 799-0297 for a free case evaluation.  ADVOCATE'S WEBSITE: GET MORE INFO HERE

There are free and reduced cost medical clinics in Alabama that will see you if you have no money and no health insurance.  The keys are (1) find a clinic near you and (2) find one that will treat your problems. Here is a link to such clinics.  Again, it's important to search the list to find clinics near you. ALABAMA FREE OR REDUCED COST MEDICAL CLINICS     If you need to file a Social Security disability claim, remember that the road to Social Security benefits runs through your doctor's office. Without medical evidence, it simply is not possible to get SSDI or SSI benefits from Social Security.   Link to the Forsythe Firm - Disability Advocates  

I win many Social Security disability cases by showing how my client has trouble with concentration, persistence and pace (CPP). These issues are not obvious to the casual observer but certainly may qualify for a disability benefit. Under SSR 96-9(p), Social Security considers "work" as the ability to work 8 hours per day, 5 days per week or an equivalent schedule.  CPP issues prevent this and qualify for disability. CONCENTRATION is the ability to remain focused and on task for at at least 2 hours at a time and to complete an 8-hour workday.  Most workers will be off task about 5 to 9 percent of the workday and this is tolerated.  However, concentration can be hindered by pain, fatigue, depression or other mental health issues.  When a worker is off task more than about 10 percent of the workday on a consistent basis due to one of these medical issues,  they become unemployable. PERSISTENCE is the ability to report to work and do a job  8 hours a day, 5 days a

The Social Security disability system is a mess! If it worked like it should, you would not need a lawyer or advocate.  You could do it yourself....maybe.  But not any more. Unrepresented clients (called "unrepped") are not taken seriously.  When you report for your hearing, the first thing the judge will do is offer to postpone until you find an attorney.  That should tell you something! Social Security has the most narrow definition of disability in the world.  It is so narrow, you can barely see light through it.  For most claimants, you have to convince SSA that you are not able to perform any type of work : even simple, unskilled minimum wage jobs.   And you must produce doctor's records to prove it. You also have to prove the exact date upon which you became disabled.  And you need medical evidence to prove it. If you intend to collect back pay, you had better pay attention to things like:  Date Last Insured, Alleged Onset Date, Substantial Gai

From time to time, I encounter a claimant who wants to compare his/her Social Security experience to someone else's.  This is usually a claimant who has either been denied or has been waiting a long time to get a decision.  This individual will begin to talk about Uncle Billy and how he got his Social Security disability check on the first try--and in just two months!  First, I am happy for Uncle Billy.  It works out that way for a few people but not for the majority.  Second, I wonder how Uncle Billy's claim was different from the average claim?  How old is Uncle Billy?  If he is over 50 years of age, it's unfair to compare his case to someone who is 30 years old.  Age plays a major factor in getting approved. Which judge did Uncle Billy appear before?  Some judges pay 70 percent of their claims, while some pay only 12 percent.  If Uncle Billy lucked up and drew a 70 percent judge, good for him.  What was Uncle Billy's medical impairment?  If he had several inc

Continuing Disability Reviews (CDR) by Charles W. Forsythe If you receive a Social Security cash benefit, you are required to report certain changes that occur.  20 CFR 404.1588 requires you to report to Social Security when a) Your condition improves b) You return to work c) You increase the amount of your work; or d) Your earnings increase Social Security may conduct a review at any time to see if you continue to be disabled.  Social Security may schedule a "diary review" periodically to check on your eligibility to continue receiving benefits. These reviews can occur for any reason or for no apparent reason at all.  Many claimants get reviewed every 2 or 3 years.  The following are examples of things that might otherwise cause you to be reviewed: 1) Substantial earnings are reported to your wage record. 2)  Improvements in medical technology or treatment raises the possibility of medical improvement. 3) Social Security gets information that you a

Epileptic or epileptic-type seizures may qualify for Social Security disability benefits.  Seizures are evaluated under Listings 11.02 and 11.03 in the Social Security "Blue Book," (20 CFR 404, Subpart P, Appendix A). The following are general guidelines for benefits: For convulsive seizures (Listing 11.02) - you must show Daytime seizures that cause you to convulse or lose consciousness OR Nighttime seizures that cause severe complications for you during the day, like problems staying awake, thinking clearly, or coordinating your physical movements. In addition to experiencing seizures that meet this listing, you must also continue to have seizures at least once a month after you’ve been on anti-seizure medication(s) for at least three months. For non-convulsive epilepsy (listing 11.03), you must prove to Social Security that you experience: Seizures that occur during the day or night AND Cause you to experience pronounced issues after each seizure,

Here are actual questions we answer regularly from individuals who want to file Social Security disability claims.  The answers may help you as you wrestle with whether you can get disability benefits. Q.  I'm still working and earning more than $1,170 per month.  What will happen if I file a disability claim? A.  You will get a technical, Step 1 denial.  The first thing they consider is work.  If you are working at substantial gainful activity ($1,170 per month), your claim will not even get considered.  It will die at the first step. Q.  I am obviously disabled.  You can just look at me and tell that I can't work.  However, I don't have any medical treatment or records since I can't afford doctors.  Do I have a chance? A.  No, I'm very afraid you do not.  The law requires a "medically determinable impairment" supported by "objective medical evidence" at Step 2.  Without any medical evidence, you are probably looking at a Step 2 denial.