AFTER YOUR HEARING....WHAT'S THE DELAY?

Many people call me after they've attended their hearing and want to know "What's next?"  If they were my clients they would know because I would've told them.  But I get calls from folks who are not even my clients.

So, here's the scoop on what to expect after your hearing is over.  The short answer is, more waiting.

DECISION WRITING is the first thing you wait for.  When the judge makes a decision, it is sent to a decision writer to be typed up.  This takes a long time because the decision is very technical and may run up to 20 or 25 pages.  Of course, the decision writers aren't just working on your decision, they have dozens or hundreds of them, so get in line.  It typically takes 6 to 8 weeks to get a decision written and sent out but I've seen it take even longer.

PAYMENT PROCESSING is the next big wait.  If you received a favorable decision, the case goes to a payment processing center, such as the one in Baltimore, for benefit amounts to be calculated and checks processed.  How long does this take?  It varies with each case.  Sometimes I see checks issued within 30 days of the decision; however, a wait of 60 to 90 days is more common.

If part or all of your benefit is from SSI, or Supplemental Security Income, the wait will be longer.  This is because Social Security must conduct an interview with you to decide whether you meet the "financial requirements" for SSI, which is based on financial resources, income and living arrangements.  The local Social Security office must become involved in the SSI investigation before the payment processing center can write a check, so the process takes even longer than it does for a straight SSDI case.

Waiting is a very important part of Social Security disability, as frustrating as it can be.

HUNTSVILLE AREA DOCTORS FOR THE UNINSURED

I talk with individuals almost every day who need disability benefits but don't have a doctor.  Many people can't afford a doctor because they can't work and have no medical insurance.

You might think that Obama Care has made it possible for everyone to be insured, but that just is not the case.  The government health insurance is often too expensive to afford.  And persons who are not working and have no income don't qualify for Obama Care.  Even if you're one of the few people fortunate enough to get insurance, you may have to pay the first several thousand dollars out of your own pocket, making it impossible to see a doctor.

One thing I can tell you for sure, you can't get approved for disability benefits unless you have a doctor.  So, where do you turn?

Fortunately, there are a number of very good community clinics in Limestone, Madison, Morgan, Lawrence and Cullman counties that treat individuals who have low income and no insurance.  There are some over in the Jackson and Marshal County areas, too.

I had a client call me today to tell me that she had found a "wonderful doctor" at one of these clinics.  She said she had just returned from her first appointment and the doctor had spent over an hour checking her out and writing some much needed prescriptions.  She wanted to thank me for referring her to the doctor.

It's discouraging to see people with diabetes, high blood pressure, seizures, and all manner of other problems who could be helped with regular medical care and low cost drugs.  There is a doctor for you.  All you have to do is find him or her.  Call my office and we will send you a free list of clinics in northern Alabama (or southern Tennessee) that you can call.

Whether you get SSDI benefits or not, finding a doctor to provide good healthcare will be a tremendous help to you.
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806

PHONE:  (256) 799-0297
Email:    forsythefirm@gmail.com

WEBSITE "SOCIAL SECURITY JUSTICE"

THE BIG QUESTION IN HUNTSVILLE DISABILITY

If you live near Huntsville and are trying to get Social Security disability benefits, here is the big question......

Are your symptoms so severe that they interfere with your capacity to perform simple, entry level work?

Your diagnosis alone is not going to get you approved for benefits, unless you have one of the fatal, catastrophic illnesses that are very rare.

The bigger question is, What restrictions does your condition place on your ability to perform basic work-like activities?  How are you impaired in your ability to stand, walk, lift, bend, kneel, crouch, crawl, reach, handle, grasp or sit?  

You also need to know that medical records alone may not be enough to show severe restrictions in function.  Doctor's records normally do not describe restrictions in standing, walking, sitting, bending, lifting or etc.  So, it would be very helpful to get your doctor to complete a form called a Medical Source Statement or Residual Functional Capacity.

A diagnosis is the starting place in building a case.  But it that's all you have, you aren't likely to win.  You must also address functional limitations that explain why you can't perform some work activities.
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806

CALL US:  (256) 799-0297

Email Your Question:  forsythefirm@gmail.com

WILL A LAWYER GET PART OF MY MONTHLY SSDI CHECK?

It's true that most people trying for Social Security disability benefits get help from a lawyer.  Does the lawyer get part of your monthly disability benefit?  

No, you always keep 100 percent of your monthly disability benefit.  Why?  Because it is illegal for a lawyer or representative to get any part of the ongoing monthly benefit.  

Your lawyer will only be paid a small portion of your past due benefit, which is paid to you in a lump sum settlement.  The usual fee is the smaller of 25 percent of the past due amount or $6,000.

For example, let's say your past due settlement is $14,000.  Social Security will withhold $3,500 to pay your lawyer and send you $10,500.  You will receive every cent of your monthly benefit for as long as you are disabled.

So, using a lawyer to help you win your case will never reduce your monthly check by even one cent.

PREPARING FOR YOUR HUNTSVILLE SSDI HEARING

There are some things you can do to prepare for your Social Security disability hearing.  Here is a partial checklist of things to do.

• Look up the date you last worked.  It's a certain question.
• Be able to explain why you stopped working in terms of your medical disability.
• Think about why you can't work in terms of ability to function--to sit, stand, bend, walk, lift or reach.  If your impairment is psychological, address things like memory, concentration or being around others.
• Know the time and location of your hearing and plan to be there one hour early.
• Dress neat and casual.  Avoid blue jeans, shorts, hats, tank tops.  Don't wear your Sunday finest but dress neat and show respect to the court.
• Ask your doctor to provide a Medical Source Statement:  a written opinion of what you can and can't do.  This should be submitted at least a week prior to the hearing (earlier if possible).

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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

WHY SOCIAL SECURITY DENIED YOUR HUNTSVILLE CLAIM

Social Security decision makers will deny most of the claims they look at in 2020, as they have in all past years.  Only the claims that stand out as well developed, clear and complete will be marked "Approved." 

If your medical record is even slightly unclear, if it isn't certain that your condition will last for at least 12 months, or even if your records are not received--the decision maker is instructed to deny your claim and let someone further along in the process make a decision.

In other words, when there is any doubt, deny first and reconsider later.

The claims that get paid early on are the ones that "check all the boxes" and leave no doubts unsettled.

Many claims that get denied will later be approved in the appeals process but that may be 24 months later.  Meanwhile, the claimant is not being paid and may be in financial trouble.

Your best bet for an early Social Security approval?

1.  Be sure to file a complete, accurate and thorough application, including all the later forms you will receive in the mail.  This includes the Work History Report and Function Report.

2.  List all of your doctors and other medical providers, giving complete addresses and telephone numbers.

3.  Call your disability specialist at the Disability Determination Service after about 30 days to see if he/she is receiving all of your medical records from providers.  If not, call the problematic providers and ask if they will send in your records.

4.  Return all calls from Social Security and keep all appointments, such as consultative examinations with their doctor.

5.  If you get a denial, remember that it's not unusual.  This will require an appeal or "Reconsideration."  Note that about 98 percent of Reconsideration requests are also denied, requiring a further appeal.  Prior to your visit with an administrative law judge for a hearing, consider getting representation.  It's probably time.
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The Forsythe Firm
Phone (256) 799-0297

WHAT TO EXPECT AT YOUR HUNTSVILLE DISABILITY HEARING

Most people will attend a Social Security disability hearing only once in their lifetime, if at all.  Here's a brief idea of what to expect.

First, it is not a court appearance in the usual sense of the word.  The Social Security Administration is an agency of the federal government, a part of the executive branch.  So, the hearing isn't entirely like a proceeding at the courthouse.  It's a bit less formal. The rules of evidence are a bit more relaxed but there are rules.

A hearing is a fact-finding process presided over by an administrative law judge (ALJ) who works for the federal government.  

The claimant and representative will enter a small conference room (hearing room) and be seated around a table.  After everyone is introduced, the judge will explain the process.  Then the claimant and any witnesses will be placed under oath.

Next, the judge will usually ask the claimant a series of questions.  Some judges ask nearly all the questions, while other judges want the claimant's representative to ask most of the questions.  

Questions usually center around the claimant's past work, current medical conditions, activities of daily living and restrictions in function.

It's impossible to list all or even most of the questions to expect.  Here are three questions you must always expect and be prepared to answer:

1.  When was the date on which you last worked, even for one day?  Be sure you know this.

2.  In your own words, tell me why you stopped working on (date).

3.  In your own words, tell me why you believe you are now unable to work.

After the ALJ and your attorney have asked all their questions, the judge will pose some hypothetical questions to the vocational expert.  You probably won't understand all of this because it's an unfamiliar "language."  Your attorney will deal with this final portion of the hearing.  

The typical hearing will last 45 to 60 minutes.  At it's conclusion, you may or may not know whether you were approved.  It's common for judges not to announce their decisions but to send their written decisions in the mail, which may take 60 to 90 days from the hearing.
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The Forsythe Firm
Phone (256) 799-0297