SOCIAL SECURITY WIDOWS OR SURVIVORS BENEFITS

SOCIAL SECURITY MAY PROVIDE FINANCIAL SUPPORT FOR A SURVIVING DIVORCED SPOUSE

If your ex-spouse dies and you were married at least 10 years you may be eligible for Social Security survivor’s payments on your ex-spouse's earnings record. Basically, Social Security treats you like a widow or widower if you were in a marriage for at least 10 years.. This reflects the reality that the economic circumstances of any marriage that lasts at least a decade probably will have a financial impact on the standards of living for the rest of the spouses’ lives.

ELIGIBILITY

To determine eligibility for benefits under an ex-spouse's work record,, the Social Security Administration (SSA) applies a formula. SSA considers how many work credits the deceased worker earned as well as the deceased’s spouse's age at time of death.

If a surviving divorced spouse cares for a biological or adopted child of their deceased ex-spouse, and that child is either disabled or under age 16,  they may be eligible even if the marriage lasted less than 10 years.

My firm recently represented a widow in just this type of situation.  She had been married more than 10 years, her husband had passed away a couple of  years ago, and the woman herself (over 50) is unable to work.  She had applied for Social Security survivor's benefits but was denied, which happens all too often.  She came to my office in desperation, wandering how she was going to survive financially with no Social Security support.  It became apparent to me that she had been unjustly denied survivor's benefits.  I filed a petition for appeal and the case wound up before a federal administrative law judge.  During a one-hour hearing, the judge found that my client was eligible for Social Security survivor's benefits based on her deceased husband's work record.  The judge not only allowed monthly payments to begin, but also approved retroactive pay back to the date of the original claim.

I fear that many women, especially, find themselves in this situation after the death of a spouse.  They have not worked sufficiently to get benefits under their own work record.  Their spouse supported the family until his death.  When the woman applies for Social Security disability, she is told that she doesn't have enough work credits for SSDI or Title 2. Or, She may be told that she is not disabled "according to the rules of the Social Security Administration."  In either event, her benefits are denied.

This is time to get competent representation and take the case higher up the chain of command to a judge.  This can easily be done with no upfront cost.

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The Forsythe Firm

7027 Old Madison Pike - Suite 108

Huntsville, AL 35806

Consultations by phone or by appointment only

(256) 799-0297

I LIVE IN HUNTSVILLE AND NEED DISABILITY BENEFITS. GUESS WHO I FOUND WHO COULD HELP?

Consider hiring an attorney on a contingency basis to help get your Social Security disability started.  There is no upfront cost and you may never pay an attorney's fee.  Let me explain how a "contingency fee" works.

A contingency fee only comes due when a certain contingency occurs.  In this case, the fee is contingent upon getting your disability approved and paid.  If this happens, you will pay a fee.  If it doesn't, you will not owe a fee.

Social Security adds one other stipulation to their contingency fee:  There must be back-pay or retroactive payments before a fee becomes due.  So, if there is no back-pay payable on your case, you still don't owe a legal fee.

This may sound to good to be true.  It isn't.  The US government protects Social Security claimants and beneficiaries when it comes to fees that can be charged on a disability claim.  In most cases, there can be no money charged up front and the amount of any eventual fee is limited by the government.

So, if you need disability payments but have been denied (or just don't know how to start), call one of the specialists in the Huntsville area for help.

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Sponsored by:

The Forsythe Firm

7027 Old Madison Pike - Suite 108

Huntsville, AL 35806

PH (256) 799-0297

TOGETHER WE GET YOUR SOCIAL SECURITY DISABILITY BENEFITS!

Like most government programs, Social Security can be difficult to deal with.  There are applications you don't understand, questions you don't know how to answer, and procedures that are baffling and frustrating.  Often, the result of all this confusion is denial of your benefits.

We know how to take your denial letter and take it up the chain of command.  Over half of these denials can be overturned and won on appeal.

But to win you need a plan, a legal strategy--and an understanding of the reason you were denied in the first place.

When you bring your case to the Forsythe Firm, here is what will happen:

1.  We listen to your story over the phone and find out where you are in the disability process.

2.  We bring you into our Huntsville office (if needed) to gather information we need to fight for you.

3.  Our advocate will file whatever forms and paperwork that may be need to get your case reconsidered or appealed.

4.  Our office begins the work of getting new and stronger evidence to support your case.

5.  We get your case before a federal Administrative Law Judge (ALJ) for a new decision.

6.  We help direct your case to one of the payment processing centers for payment, including back pay that may be due.

Wow!  How Much Does All This Cost?

• You pay nothing upfront, no fee, no deposit, nothing.
• If your case wins, you still owe us nothing unless we collect back pay for you.
• If there is back pay, Social Security will approve and pay a small percentage of the back pay to cover our fee.

Call the Forsythe Firm at (256) 799-0297

WHO ULTIMATELY DECIDES DISABILITY CASES?

Most Social Security disability cases are ultimately decided by a federal administrative law judge (ALJ).

   
A hearing, which lasts about one hour, considers your testimony, your attorney's arguments, the medical evidence, and the testimony of a vocational witness.

Specific factors which play a large part in the judge's decision include:

• Age of the claimant
• Education
• Past work experience (over the past 15 years only)
• Medical Evidence
• Residual Functional Capacity
• Transferable Skills from past work

I will discuss Residual Functional Capacity (RFC) here, since the other factors are self-explanatory.

RFC is the maximum that an individual can still do in terms of work-related activity.  In short, can much can the individual lift and carry?  How long can he/she stand, walk and sit?  How often can the claimant reach, bend, squat, kneel or balance?  In terms of the mental demands of work, what is the claimant's restrictions on understanding, remembering and carrying out simple instructions?  How much of the time will the individual be off task due to problems with concentration or focus?

How will these limitations affect the ability to perform jobs at the various exertion levels:  very heavy, heavy, medium, light and sedentary?  Will the claimant be able to perform skilled, semi-skilled or unskilled work?  How many jobs are there in the national economy that fits the claimant's Residual Functional Capacity?  (A question for the vocational expert).

From a practical point of view, most claims are decided on the claimant's ability to perform either light or sedentary level jobs at the unskilled level. 

There are so many technical issues that go into a Social Security disability appeal that I'm surprised that anyone would undertake this venture without representation. (I think many claimants do so because they don't know what they are getting into).

It is far from just telling your story to the judge.  It's more about proving that you meet all of the technical demands of Social Security's regulations.  

You need an understanding of medical evidence, grid rules, Social Security Listings, transferable skills and exertion levels--just to name a few things.  You will also need to know how to question (cross examine) the government's vocational expert.  If the expert gives unfavorable testimony, as they often do, it leaves your decision lingering in critical condition between life and death.  Asking the right questions can be the life-saver of your claim.

The judge who hears your case will require proof, not just a good story.










ADMINISTRATIVE LAW JUDGES CAN BE VERY SKEPTICAL!

ARDMORE DISABILITY - HOW TO GET APPROVED

ARDMORE, AL
ARDMORE, TN

What Is Social Security?

Social Security is a function of the federal (US) government.  It is a plan of mandatory federal disability insurance for workers, who pay into the Social Security fund by payroll deduction.  The withholding tax is called FICA for (Federal Insurance Contributions Act).  The law was passed in 1935 and is mandatory for most US workers.  Workers currently pay 7.65 percent of their pay into this trust fund and their employers match the contribution.  So for every dollar you earn, over 15 cents goes into the Social Security and Medicare trust fund. This funds the disability program.


What are the basic requirements to start disability benefits from the Social Security Administration?

1.  You have worked and paid into Social Security long enough and recently enough to have coverage.  Credits do expire over time.  Not everyone is covered for SSDI.

2.  You have a serious medically determinable impairment that (a) has lasted at least 12 straight months, (b) is expected to last at least 12 straight months, OR (c) is expected to end in death.

3.  You must have medical records of treatment that will establish the impairment's onset, severity, and duration.

WHAT ARE THE USUAL STEPS TO APPLY FOR BENEFITS?

• File a new application with the Social Security office.
• Wait 4 to 6 months for a decision.
• If denied (as many are), file an appeal within 60 days.
• Expect to go before an Administrative Law Judge (ALJ) for a hearing.
• Consider getting a specialist to assist with your appeal or hearing.

Claimants with professional representation are more likely to get benefits approved.  Honestly, Social Security will deny almost 80 percent of claims filed in 2020.  The appeal process is arduous and complicated.  However, if done correctly, the appeal can produce payment of benefits.

A professional representative cannot charge you a fee for his or her services until.....

A.  Your benefits have been approved, and also....

B.  You are paid past due or retroactive benefits.

Call (256) 799-0297 for a free disability consultation.

*During the COVID-19 crisis, our firm provides free telephone consultations for those who do not wish to visit our office.  If you do make an appointment to visit us, we will try to limit your exposure to others during your visit (as much as possible).  We currently only accept visits on in-person consultation by appointment, one person at a time, due to COVID-19 concerns.

ARDMORE AL DISABILITY ADVOCATES

Ardmore, AL and Ardmore, TN are served by the Forsythe Firm, helping Ardmore residents get the Social Security disability benefits they deserve.

Sure, you could go to an out of town firm and hire someone you will never meet.  But why not hire an expert who lives and works near your home?  

We offer:

1) Local appointments right here in north Alabama.

2)  Free consultations by phone or in person.

3)  Contingency Fee:  You pay us nothing up front, and never pay us a fee until your benefits are paid.

4)  One advocate who will stay with you and your case until it is resolved.

5)  The ability to reach your managing advocate with one phone call.  Yes, we will answer you call.  Yes, we do return calls if you miss us.  We'll be here for you!

Some things Ardmore residents should know about Social Security Disability Insurance (SSDI):

1.  Denials are very common and do not mean that you can't get a benefit.

2.  Most claims are approved in the appeal process, not by filing an application alone.

3.  Most claimants choose to get professional help when trying to get benefits.

4.  You cannot be charged a legal fee if unless you win your claim.  Any fee charged by your attorney/advocate must come out of your back pay.  No back pay, no fee.

5.  If you initial claim is denied, you only have 60 days to appeal.

CONTACT THE FORSYTHE FIRM AT (256) 799-0297.

EMAIL US AT forsythefirm@gmail.com

DISABILITY BENEFITS IN THE COVID CRISIS

It is still possible to be considered for new disability benefits, even during the 2020 COVID-19 crisis.  However, you must apply online or by phone.  Social Security offices are temporarily closed to the public.

The Forsythe Firm is offering free telephone consultations at no obligations.  We can help you decide if you may qualify, or give you advice on how to proceed with a claim or appeal.  (256) 799-0297.