YOU MUST HAVE A PLAN TO GET DISABILITY BENEFITS IN ALABAMA

Having a plan or strategy is very important to winning your Social Security disability appeal.

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.

• 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.

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.  

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.  That's worth paying the attorney/representative a fee when your case is successful. 

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.
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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 

CAN CREDITORS SEIZE YOUR SOCIAL SECURITY INCOME?

Can Creditors Seize Your Social Security Disability Benefits?

 

Generally speaking, the law protects your Social Security benefits from garnishment by creditors.  There are exceptions, however.  The law does not protect you from the federal government itself.  If you default on a federally guaranteed loan, such as a student loan, your Social Security disability benefits may be garnished to pay for the delinquent debt.  

 Your benefits can also be garnished to pay for child support or past due alimony.  However, you must have at least $750 per month left after any garnishment.  

 It's a different story if you owe federal income tax.  The government may seize all of your money to satisfy a tax lien.

 If you receive Supplemental Security Income (SSI), these benefits are totally exempt from garnishment by anyone, including the government.

 Just because your Social Security check is not subject to garnishment doesn't mean that creditors won't try to seize your money.  If they get their hands on it, you probably won't get it back, even if it was taken illegally.  So, take some precautions now.

 The best thing to do is put all of your Social Security income into a separate bank account and put no other money into that account--not even one cent.  That way, it is easy to prove that all of the money in the account came from Social Security.  This makes it much, much easier to defend against garnishments and seizures.  Never mix Social Security money in the same bank account with any other income or funds.

 If you think that a creditor may try to seize or garnish your bank account, notify an officer of the bank (not a teller, an officer) that all of the money in your account is Social Security money and that it is exempt from garnishment.  Try to do this before the garnishment is attempted.  That way, the bank is aware of the protection (hopefully) and will not allow your money to be frozen or seized in the first place.   

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THE FORSYTHE FIRM

Social Security Justice

(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

WHY THE LONG WAIT TIME FOR A SOCIAL SECURITY APPEAL?

The average Social Security disability application will be decided within 4 months.  However, up to 70 percent of these applications are denied.  In that case, you will usually wait about 2 years for a hearing (appeal).

Why the long wait?

Because the Social Security Administration is backlogged.  There simply aren't enough judges to hear the approximately one million cases now in the appeals system.

For most claimants, there isn't anything to do that will reduce the long wait.  Lawyers or advocates sometimes get blamed for delaying a case; however, this is simply not the problem.  Your representative wants to settle the case just like you do.  The problem is that hearing dates are set by Social Security, not by lawyers or representatives.

YOU MAY GET BACK PAY WHEN YOUR CASE SETTLES.  When your case is finally settled, you may receive back payments going back to the date you first became disabled.  These payments are usually paid in a lump sum after a judge holds a hearing and determines the date on which you first met the legal definition of disability.

One of the responsibilities of your advocate/representative is to make sure you receive all the benefits to which you are entitled, including back pay.  

How far back can your disability pay go?  This depends on the individual case.  Factors to be considered include:

• When did you stop working?
• When did you file an application for benefits?
• When did your condition become so severe that you could no longer work, according to medical evidence?

Your advocate/representative will need to find and present evidence of the date on which you first met the rules for Social Security disability benefits.  This usually involves searching and analyzing hundreds or even thousands of pages of medical records.  I recently handled a disability case with more than 10,000 pages of medical records.

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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
PHONE (256) 799-0297

Free consultation and case evaluations by appointment

SOCIAL SECURITY JUSTICE - WEBSITE 






 

MORE QUESTIONS ABOUT SOCIAL SECURITY DISABILITY (Huntsville)

Question:  What conditions qualify for Social Security disability?

Answer:  Any medical condition may qualify for SSDI benefits if it is severe enough to prevent working.  An impairment may be physical or psychological.

Question:  What's meant by an exertional impairment? 

Answer:  An exertional impairment is one that restricts your ability to stand, walk, lift, push or pull.  Non-exertional impairments may include psychological issues (depression, anxiety, panic attacks) or postural limitations (inability to sit, stoop, bend, kneel, crawl, etc.).

Question:  I was denied and I'm now waiting on a hearing.  Why does it take so long to get a hearing?

Answer:  The long wait is due to the severe backlog at the Social Security hearing office.  There are too many people trying to get a hearing and not enough judges to hear cases quickly.

Question:  I've been told that new medical evidence cannot be considered at my hearing.  Is this true?

Answer:  No, it is not.  At your hearing the judge will consider all the medical evidence, including new evidence that you have submitted according to the rules.  Unless an exception is granted, evidence must be submitted at least 5 business days prior to the hearing.  That's really the only restriction about new evidence at hearings.

Question:  I am afraid that if I hire someone to represent me, then I don't get any benefits, I will have to pay the lawyer a big legal bill out of my pocket.  Is there a way to avoid this?

Answer:  This cannot happen.  Social Security law does not permit a representative to charge you a fee unless you (a) win your claim or appeal and (b) collect past due benefits.  Any legal fee must be deducted from the past due benefits.  If you don't receive past due benefits there is no fee. So, no need to worry.

Question:  My claim was just denied.  What is the time limit to file an appeal or ask for a hearing?

Answer:  Good question.  The time limit (very strict) is 60 days from the date of your denial letter.  You can add 5 days for mailing time, so really, you have 65 days, but not one day longer.
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The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

SOCIAL SECURITY JUSTICE - WEBSITE 

QUESTIONS ABOUT SOCIAL SECURITY DISABIITY - HUNSVILLE, AL

Sponsored by the Forsythe Firm, a local disability advocacy firm specializing in Social Security disability.  If your question isn't answered here, please call us FREE at (256) 799-0297.

 
Here are answers to frequent questions about Social Security disability.  If your question isn't here, please call us free at (256) 799-0297.

Q.  What are the basic requirements for SSDI benefits?

A.  You are not able to work and have a medically determinable impairment which is expected to last for at least 12 consecutive months.  There is no short term disability with Social Security.  12 months is the minimum duration.

Q.  How long will it take to get benefits started?

A.  The typical application process takes 3 to 4 months.  Unfortunately, a lot of good claims are denied.  If youare denied, the appeal can take up to 2 years.

Q.  What if I haven't worked in recent years?  Can I still get Social Security disability benefits?

A.  It depends.  For most people over age 40, the rule is that you must have worked a total of 5 years out of the last 10 years.  If you haven't worked in the past 5 years, you may not have Social Security disability coverage.  Call the Social Security office to find out.

Q.  How much is an SSDI benefit?

A.  It varies based on age, wage history, etc.  The average American on disability receives about $1,150 per month.  Your benefit may be more or less.

Q.  I've heard that you need a lawyer to help you get SSDI.  Is this true?

A.  You certainly do not need a lawyer to apply for disability benefits.  Unfortunately, however, up to 70 percent of applications are denied.  This requires an appeal and a hearing with an administrative law judge.  Most people choose to have representation when their case heads to a judge.  I think being unrepresented is a mistake but there is no requirement that you have an attorney or representative.

Q.  If I hire a representative to help me, how much will he/she charge?

A.  There is no fee for representation unless you win your claim and also recover past due benefits.  When this happens, your representative will be paid a small percentage of your back pay settlement.  He or she will NOT be entitled on any part of your monthly benefits.

Q.  I see a lot of late night TV ads about Social Security advocates.  Should I hire one of these guys?

A.  You are entitled to get a representative of your choice.  I can see advantages to getting a local representative here in Huntsville.  First, he or she will be familiar with the local administrative law judges and how they conduct their hearings.  Second, you will get to meet your representative on day one--not months from now when your hearing takes place.  Third, you may have more access to a local representative if you have questions, need extra help or need to drop paperwork off at the office.

Q.  I am still working because I can't afford to quit.  However, I'm not really able to work and my doctor agrees with me.  May I file for disability while I'm still working and quit after I get approved?

A.  No, that is not the way Social Security works.  While that would make a lot of sense, a person who is still working at 'substantial gainful activity' (called SGA), will get a technical Step 1 denial by Social Security, no matter how severe their medical condition.  Part-time work may be acceptable if you earn gross wages of less than $1,180 per month (2018 amount).
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Your question not answered?  Call us

THE FORSYTHE FIRM
Social Security Representation
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
PH (256) 799-0297

"Across from Bridge Street"

SOCIAL SECURITY JUSTICE - WEBSITE