GETTING SOCIAL SECURITY DISABILITY IN HUNTSVILLE

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.
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE WEBSITE

WHY SOCIAL SECURITY MAY IGNORE YOUR DOCTOR'S OPINION ON DISABILITY

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.
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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

SHOULD YOU HAVE A DISABILITY HEARING BY VIDEO?

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 

WHY YOUR DISABILITY CLAIM GOT DENIED? WHAT TO DO ABOUT IT

Two-thirds of all Social Security disability claims get denied.  That's about 67 out of 100.  Why?

Claims get denied for many reasons.  Generally, your denial letter will state, "You are not disabled according to our rules."

Social Security's definition of disability is very severe:  they expect you to be totally unable to work at any full-time job for at least 12 consecutive months.  And they want objective medical evidence to prove it. 

Here is why many claims are denied:

• There simply wasn't enough medical evidence.
• All the medical evidence wasn't received.
• Your past relevant work was light or easy; therefore, they believe you can still perform it.
• Social Security sent you to one of their doctors who was a "warm body" in a lab coat.  No help!
•  Social Security didn't properly consider the opinion of your own treating doctor.
• They found that while you cannot perform some jobs, there are still a number of jobs in the national economy that you can do, despite your medical impairments.

What Should You Do?

Appeal your denial within 60 days.  Seek and submit additional medical evidence.  Get a statement from your own doctor (on a form acceptable to Social Security).  Probably, you need to consider an attorney or non-attorney advocate--someone trained in federal appeals and winning denied claims.

• You cannot be charged a legal fee if you don't win.
• Initial consultations are free with no obligation.
• Attorney's fees are paid directly by Social Security.
• It will cost you nothing to file an appeal.
• The odds of winning at appeal are better, although no one can predict or guarantee the results.

SOCIAL SECURITY JUSTICE WEBSITE  

Call for a Free Consultation:  (256) 799-0297 

 

HUNTSVILLE VETERANS: GET ADDITIONAL SSDI BENEFITS IN 2020

HUNTSVILLE, AL / January 1, 2020

Attention Veterans:  Social Security will pay billions of dollars to veterans in 2020.

If you served in any branch of the US military between 1954 and 2020, and are disabled prior to reaching retirement age--you may be entitled to monthly Social Security disability income.

Even if you are now on active duty but are unable to perform your regular military duties, you may qualify under the Wounded Warrior program.

Social Security can pay up to $3,011 per month.  This is the maximum amount; few claimants will qualify for that much. SSDI benefits are in addition to any VA retirement or VA disability benefits paid.

The Social Security disability process is separate and quite different from the VA process.  For one thing, Social Security requires a "full disability"; there are no benefits for a partial disability, as there may be with the VA.

If you are a veteran needing help with a Social Security claim, denial or appeal, please call me at the Forsythe Firm here in Huntsville.  We handle SSDI claims and appeals all over Alabama and sometimes in Georgia, Mississippi, Tennessee, Kentucky and other states.

Free consultations and we will never ask you for money.  If your claim is decided favorably after we represent you, Social Security will pay our agreed upon fee directly.  If you do not win or do not recover back pay, we will never charge a fee.

Call us at (256) 799-0297

VISIT OUR WEBSITE: SOCIAL SECURITY JUSTICE

CAN THESE INSANE JOBS CAUSE YOU TO BE DENIED BENEFITS?

Social Security uses an obsolete publication to identify jobs that a disability claimant may be able to do.  These jobs, in turn, are often used to deny disability claims.  The publication required by Social Security decision makers is The Dictionary of Occupational Titles (DOT), first published in the 1930s and last updated in 1993.  The DOT describes 12,569 jobs.  Many of them are obsolete, from a bygone era.  Here are a few of the more ridiculous jobs found in the DOT.  The DOT code number is given, to prove this is no joke.

• Horse Identifier   DOT Code 153.387-010

• Horse and Wagon Driver  919.664-010

• Butter Melter   523-585-010

• Animal Impersonator   159.047-018

• Bucket Chucker   664.685-014

• Belly Roller   583.685-094

• Side Splitter   525-684-018

• Worm Picker   413-687-010

• Egg Smeller   521.687-042

• Bowling Ball Weigher   732.487-010

And my personal favorite....

• Coach Driver, DOT Code 349.677-014.  The DOT job description reads:  "May clean or polish vehicle such as a carriage, wagon or cart." 

If you are judged physically and mentally able to perform one of these archaic jobs (or any other job in the DOT) you may be denied benefits at Step 5 of the sequential decision making process, where most denials occur.

The US Department of Labor considers the DOT to be obsolete.  However, the Social Security Administration considers it their primary vocational resource--the definitive guide to jobs in the modern age. Judges are required to confirm that any vocational testimony "confirms to the DOT."  Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude:  If it's in the DOT, it's Gospel.

This could be one reason your disability claim was denied:  reliance upon such outdated data as the DOT.  Some federal courts have taken notice of denials based on DOT data and have reversed the decisions on appeal.  

I think Social Security is moving in the direction of allowing other occupational data to be used; however, no one knows how long that will take.

IMPROVING THE ODDS FOR SOCIAL SECURITY DISABILITY IN HUNTSVILLE

In our experience with Social Security disability claims, there are some factors that seem to increase a claimant's odds of being approved for benefits.  Here are some of them:

• a long, steady employment history;
• being age 50 or above (though not required to get benefits);
• failed work attempt(s) after the disability onset, demonstrating the desire to continue working;
•  proper written statements from one or more treating doctors (not just any statement, the proper statement)

 Doctors may provide 2 types of evidence.  One is objective evidence, the other is opinion evidence.  Most Social Security cases go to trial with only the routine medical records from the doctors.  This can't be relied on to produce an award.  Opinion evidence, on the other hand, provides the doctor's opinion about how the claimant is limited in the ability to perform work activities (sitting, standing, walking, lifting, bending, concentrating, remembering, regular attendance, etc.).  Opinion evidence is a little harder to come by and is sadly lacking in most cases that get denied.  It can make a huge difference.

For instance, it isn't enough to have medical records proving that the claimant has arthritis. The claimant is required to prove that his or her medical condition is severe enough to prevent full-time, remunerative work on a full-time basis. 

We often see useless doctor's statements like this:  "Mr. Charlie Brown has been a patient of mine for 10 years and it is my opinion that he is disabled and cannot work at any job."  The problem with such a pronouncement is that it actually violates the federal regulations.  The conclusion about disability is reserved to the Commissioner of Social Security and doctors may not determine who is disabled (20 CFR 404.1527; 416.927, etc.).

What may properly be stated by a doctor?  The answer is, his or her opinions as to the patient's specific limitations or restrictions.  How long the patient can sit, stand or walk; how much can he/she can lift?  What limitations are there in such things as concentrating, remembering, making decisions, reaching, stooping, kneeling, bending, etc.  How many days per month would the patient be expected to miss work because of a medical impairment?  These are examples of things that are permitted and the doctor's opinion in these specific areas are admissible as evidence (although Social Security is not bound by the doctor's opinion).  But the doctor may not conclude that a person is disabled or make a vague statement like, "He is not able to work."

In Huntsville, the Forsythe Firm has helped hundreds of claimants get Social Security disability payments.  We offer free initial consultations and evaluations without obligation.  We are full service disability advocates and can be involved in every stage of your Social Security disability claim--from application through appeal. We never charge a fee unless you win and receive back pay.

PHONE: (256) 799-0297  

https://forsythefirm.wixsite.com/website