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
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, 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
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
- Side Splitter 525-684-018
- 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.
