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