DISABILITY BENEFIT RECOVERY

If you are disabled and live in the Cullman, AL area you are served by the Forsythe Firm in Huntsville.  We are local Social Security disability advocates trained to help you get monthly disability benefits.  We do not charge a fee unless you win your claim and recover past due, lump sum settlements.  We represent disability claimants all over Alabama and regularly appear in hearings and proceedings in Birmingham, Gadsden, Jasper, Florence and Mobile and Huntsville, to name a new of the ODAR offices that we cover.   Social Security denies over 70 percent of initial claims and the claimant often has to appear at a hearing to get benefits approved.  A skilled advocate can prepare a case with evidence that is more likely to  be successful.  Claimants who show up for a hearing unrepresented will often be advised to seek adequate representative and have their hearing rescheduled.  This can delay your claim by weeks or months.  Choose an e...

I see individuals with all types of impairments who need to file a Social Security disability claim.  As I listen to their stories, I am reminded of how important it is to focus on why the claimant is disabled .  Social Security law provides disability for thousands of various impairments, both physical and mental.  However, there are many factors that do not matter in a disability claim.  Here are some of them. It doesn't matter that you can't find a job or that nobody will hire you.  That is not a disability; it is an unemployment issue.  Social Security only wants to know if you are unable to work, not whether you can find work. One claimant told me, "No one will hire me when they find out I filed a workers compensation claim because I am a liability."  It doesn't matter to Social Security.   It doesn't matter if your education or job skills have become outdated by rapidly changing technology.  I sometimes hear, "My job has been take...

MENTAL RETARDATION AND SOCIAL SECURITY DISABILITY BENEFITS May a person obtain Social Security disability or SSI benefits on the basis of mental retardation? Yes. Mental retardation or developmental delay is covered under Section 12.05 of the Social Security disability handbook [CFR 404, Subpart P, Appendix I]. If the claimant has a valid full scale, verbal or performance IQ score of 59 or less, (s)he will generally be found disabled. (The  lowest  subscore of an IQ test may be used to meet this requirement). When an individual's lowest IQ score ranges from 60 through 70 there must exist additional marked limitations of function to warrant a finding of disability. In short, the IQ score alone will not be sufficient for a finding of disability.  With a score below 60, that alone will usually suffice for a disability finding. My experience has been that mental retardation cases are fairly straight forward. With adequate professional evaluation and documentation, an imp...

You have applied for S ocial Security disability benefits .  You should know who the key players are in the decision making process.   The first key player is at the state level.  A state disability examiner will make the first determination on whether you are disabled.  This person will work for the state Disability Determination Service (DDS) under contract with Social Security.   If your initial claim is denied, which happens to just over 70 percent in Alabama, your case will go to Social Security's Office of Disability Adjudication and Review (ODAR).  There are ODAR offices in different cities across the region.  Region 4 services AL, TN, GA, SC, NC, KY, MS, and FL.  There are 37 ODAR offices in Region 4 and one satellite office. At the ODAR office, your case will have a folder prepared containing all of the evidence that has been or will be submitted.  The case will be assigned to a US administrative law judge for a hearing.  ...

We've talked some on this post about vocational evidence and why your past job history is important in a disability claim. I want to take a moment and expand on that a little further. In order to qualify for Social Security disability, you must prove that you cannot perform any of your "past relevant work." That's likely going to be all the jobs you had during the past 15 years. When vocational experts testify about whether you are able to perform any past relevant work, it is essential that they understand the type of work you did, the duties you had, the machines or equipment you operated, how much you had lift, etc. You also want to give a clear, specific picture of whether you were required to be on your feet all the time or whether you sat much of the time. The less "exertional" (strenuous) your jobs were, the more likely the vocational expert will testify that you can perform some of them, in spite of your limitations. For example, a reception...

Back trouble is one of the leading causes of disability.  It comes in many forms, including degenerative disc disease caused by arthritis, osteoarthritis, bulging  or herniated discs, stenosis or a variety of other back related problems. Social Security recognizes serious back disorders as disabling conditions and with the proper evidence may award disability benefits - including back pay (no pun intended). An experienced disability expert may be able to help you file a disability claim or appeal a claim that was recently denied.  Preparing evidence for a  Social Security disability claim  can be a complicated and time consuming chore.   A professional firm such as  the Forsythe Firm of Huntsville AL  will offer free consultations and represent qualified claimants on contingency, meaning that no fee is charged unless the case is won and cash is collected from Social Security.   National Organization of Social Security Claimants Rep...

In another blog I wrote about the importance of proper medical evidence in winning a Social Security disability claim.   Here I want to consider vocational evidence.  Vocational evidence includes your education or training, age, skills and previous work experience.  Also, is there a significant number of jobs like yours that exist in the national, regional or local economy?   In the initial application for disability benefits claimants are asked to complete a work background or job history report.  A vocational consultant will review the kind of work you have done in the past and determine whether you can now perform any of that work.  It is vital that the report accurately and adequately explain exactly the type work you did, the equipment or machines that were used, the skills required and the exertional level required.  Being too non-specific in describing your previous work routines may harm your case. For example, it isn't enough to say, "I r...

When your Social Security disability claim is denied, you ask for a hearing.  That sends your claim to a special judge within the Social Security administration.  The judge may ignore all decisions previously made and render a new decision on your claim.  As  a disability advocate , I find that two kinds of medical evidence is important to present to the judge at a hearing: One type of evidence is what I call "raw medical data."  This would include notes from doctor's office visits, laboratory tests, X-rays, MRIs or other imaging studies, etc.  The purpose of this raw data  is to prove that you have the conditions you claim to have. However, this data is often not sufficient to win your disability claim.  The second type of medical evidence I want to submit is what I call "opinion evidence."  A doctor reviews the patient's medical data and draws conclusions about it.  In particular, I want the doctor to state how the patient's medica...

The terms back benefits  and retroactive  benefits are sometimes used interchangeably.  However, there is a difference in the terms. The term "back benefits" or "back pay" refers to benefits that have accumulated after the date of filing.  For instance, if a disability or SSI claim was filed on June 1 and a favorable decision was made on August 1st, then the claimant would be entitled to "back pay" for the months of June, July and August.  Both Social Security disability (Title II) and SSI (Title XVI) qualify for back pay. SSI benefits would begin the month following the application. The term "retroactive benefits" refers to benefits for which the claimant is eligible before  the application was filed. Retroactive benefits apply only to disability (Title II) claims, not to SSI. For example, if a person became disabled on January 1 but didn't file an application until September 1, he could claim retroactive benefits for the period January ...