Having a plan or strategy is very important to winning your Social Security disability appeal.
Lawyers call this plan a "legal theory."
Hopefully, it's a plan that will stand up in court.
Judges
have very limited time to spend on a case. They are required to issue
up to 700 decision a year, or over 50 per month. One case may have
thousands of pages of medical records and other documents to review.
Your attorney or representative can help the judge, and your chance of
winning, by pointing out what the judge needs to know.(The judge, of course, will confirm all this for himself/herself).
- Is this claimant insured for benefits?
- What kind of past work did the claimant do?
- Does he or she meet a Listing or grid rule?
- Are there any transferable skills?
- Does the medical record support the alleged onset date? If so, where?
These are things the judge must know to decide the claim.
A
good representative will read and analyze the medical records, which
are the foundation of every case. The important evidence will be
pointed out to the judge. Are there MRIs or imaging studies to prove
the alleged impairments? Where can they be found quickly?
Do
any of the treating doctors provide an opinion on the claimant's
ability to perform work-like activities? How do these opinions limit
the claimant's residual functional capacity?
Then
we come to the claimant's testimony. It's very important that the
claimant has been prepared and knows what to expect--and how to answer.
The testimony should match up with what the doctors say in the records.
Award
rates among Social Security judges are lower now than at any time in
the past 30 years. A lot of things have to line up and make sense for
the judge.
I
always provide the judge with a pre-hearing brief. That means that I
give her a step-by-step view of the case and why the federal regulations
allow benefits to be paid. The brief condenses hundreds (or thousands)
of pages of medical evidence into 3 or 4 pages that can be read in
about five minutes. So, I try to help the judge make efficient use of
his/her time by making things easy to find.
A
lot of times I can answer difficult or technical questions for the
judge. This can also help to get a favorable decision out more quickly.
I can also explain things to the claimant. For instance, the judge may recommend an amended onset date. This will have important financial consequences for the claimant. I am there to be certain the claimant understands these consequences before agreeing to them.
It's
risky to walk into a hearing and just hope for the best. Those kind of
hearings often don't go well for the claimant. It's much better to
have a legal roadmap of where you want to go and how to get there.
Most claimants believe that's worth paying the attorney/representative a fee when their case is successful and they walk away with a lot of money.
So,
talk to a representative early in the process. I think most people who
appoint me to represent them decide after just a few minutes that I can
add value to their case. I have to think so, too, or I won't take the
case. The best of all worlds is when the claimant and representative
work well together as a team and get a successful outcome.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Most
Alabama workers are covered by Social Security disability because they
pay FICA withholding tax out of every paycheck. This provides coverage
against long term disability and loss of income.
However,
Social Security can be difficult to deal with and there are complex
rules that must be met before they will part with any money. It can
take anywhere from 4 months to 4 years to get approved.
Here
is the sticky part. Social Security will often agree that you cannot
perform the work you once did. However, they will say that you can
still perform some jobs which exist in the national economy.
These jobs are often unskilled minimum wage jobs, such as hand packager,
inspector or copy colater. It doesn't matter that you can't actually find one of these jobs.
If you
file an application and are denied (as up to 75% are), you have 60 days
to file an appeal. The appeal puts you in line for a hearing before a
US administrative law judge (ALJ), who can review your case and give you
a new decision. Your odds before the judge are much better, especially
if you are represented by counsel who understands the system and how to
navigate it.
HOW CAN YOU PAY FOR EXPENSIVE LEGAL COUNSEL?
You
don't have to, at least not upfront. Social Security forbids an attorney or representative
to charge you any fee unless your case is decided in your favor and
results in back payments. In that case, Social Security will withhold a
small portion of your back pay and pay the legal fee directly. You
keep most of your back pay and 100 percent of your monthly benefits.
If
you need help with a Social Security disability application or appeal,
please invest 15 minutes in a phone call to our firm for a free initial
consultation. We never ask you for money and our experienced disability
advocates have been handling cases like yours for two decades.
_________
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
You
have a Social Security hearing coming up on your disability claim. You
approach your doctor about filling out a form to support your claim.
The doctor is busy but offers to give you a letter, instead. Here's an
example of a doctor's letter:
"Mr.
Joe Claimant has been a patient of mine for over 20 years. He suffers
from back pain, migraine headaches, high cholesterol, high blood
pressure and depression. In my opinion, Mr. Claimant is not able to
work and is fully disabled." Signed [John M. Doctor, MD].
Why Social Security judges will probably ignore this letter?
The letter draws a conclusion that only the Commissioner of Social Security is able to reach, under the law. (20 CFR 404.1527).
Doctors
are not permitted to decide who is disabled under the federal
regulations. The fact that your doctor believes you are disabled is not
dispositive.
It
would be far better if your doctor specified why you cannot work. For
example, if he provided your restrictions on such activities as sitting,
standing, walking, bending, lifting, crawling, kneeling, crouching,
paying attention, remembering, etc. Doctors are permitted to assess your
individual functional limitations, but not to draw conclusions about
whether you are disabled.
There
is a form that I like to use for doctors. It's called a Medical Source
Statement. Some people call it a Residual Functional Capacity form.
It nearly always carries more weight with Social Security decision
makers, especially judges, than letters do. The reason is obvious: the
form keeps doctors away from drawing conclusions and allows them to
estimate functional restrictions, according to Social Security
regulations.
I will provide this form free to anyone requesting it.
___________
THE FORSYTHE FIRM
Social Security Disability Representatives
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
https://forsythefirm.wixsite.com/website
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The
major advantage of a video-teleconference is that it shortens the wait
time for a hearing. Obviously, use of VTC gives judges much more flexibility in scheduling, thus may shorten the time you have to wait for a hearing.
What
is the approval rate of VTC hearings vs. in-person hearings? Again, my
research indicates that in-person hearings result in awards about 5
percent more often than video hearings. A 5 percent increase may not
sound like much, but it is significant.
What
if you want to opt out of a VTC and insist on an in-person hearing
where the judge is in the same room with you, not on a TV screen? Here
is the rule you must follow:
Social
Security will send you a written notice that you they may schedule a
hearing for you by Video-Teleconference. This is normally in a packet
of materials sent out a few months after you submit your appeal. Once
you receive this notice, you must object to a VTC in writing within 30
days of the date of notice. A form is sent with the notice for this
purpose.
Need
help with a Social Security disability claim or appeal? Get a free
consultations and case evaluation by calling the Forsythe Firm here in
Huntsville. (We work with clients all over Alabama and middle
Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
