DISABILITY BENEFIT RECOVERY

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