IS IT HARD TO GET SOCIAL SECURITY DISABILITY APPROVED?

Social Security's normal response to a new disability claim is to investigate for 4 or 5 months, then DENY the claim.  A very small percentage of claims get approved on the application level.  So, a denial is to be expected--unless you are over age 50 and have a catastrophic or terminal illness.

WHY IS THIS TRUE?

1.  Because of Social Security's very narrow definition of disability.  You are not disabled under Social Security's rules unless you are unable to perform all (and I do mean "all") work that is available in the US economy.  If you can still perform an unskilled, sedentary (minimum wage) job, you are not considered disabled.

2.  Because of Social Security's exacting rules of evidence.  Social Security depends primarily on medical records from doctors, not nurse practitioners, social workers, counselors, chiropractors or healthcare professionals.  And they prefer records from specialists.  They also want objective evidence, such as X-rays, MRIs, CT scans or laboratory tests to prove your conditions.  Many claimants simply don't have the medical evidence to convince Social Security that they cannot work at any job.

3.  Because Social Security is a very skeptical agency.  Social Security assumes that people will lie to them in order to get benefits.  So, they don't take your word for anything.  When there is a gray area, and the decision about disability is not cut-and-dried, the agency will rule against you and deny the claim.  Their attitude seems to be, "If we are wrong, let the judge sort it out in the appeal."

4.  Because many Social Security disability claims are weak to start with.  When it comes time for an appeal, I examine disability claims to see what went wrong.  You'd be amazed at what I find.  Here are some typical problems.

• Social Security didn't get all the medical records.
• The claimant didn't fill out all his/her forms adequately or properly.
• The claimant's doctor did not provide his/her opinion about ability to work.
• Past relevant work was mis-classified.
• The claimant's residual functional capacity (RFC) was exxagerated by Social Security.
• The decision was made by a single decision maker and was never reviewed by a Social Security doctor.

Once Social Security has made a decision not to pay benefits (a denial), the claimant is present with a wonderful new opportunity--but only for 60 days.  The claimant may file an appeal and point our why the denial is in error.  New evidence may be submitted, including more evidence from doctors or healthcare providers.  The claimant's attorney may point out errors of law or procedure made by the state's agency (DDS) in denying the claim.  Finally, the claimant gets to appear in person before an administrative law judge to re-state his or her case an get a completely new decision.  All of this depends, however, on filing an appeal within 60 days of the denial letter.

YOUR DENIAL MAY HAVE MORE HOLES IN IT THAN SWISS CHEESE.  BUT THERE'S ONLY ONE WAY TO FIX IT:  APPEAL AND ASK FOR A HEARING.

"Won't the hearing take a long time to schedule?"  Yes.  It takes months to get before a judge.  However, if I represent you, I will ask the judge to pay you past due benefits ("back pay") for all the months since your disability began.  So, while you must wait for your money, you don't actually lose any benefits.

Can you afford legal representation?  Yes.  Social Security has provided that no legal fees can be charged while you wait on the outcome of your case.  In fact, you can't be charged a fee at all unless you win your appeal and also collect past due benefits.

If you've been denied for disability benefits within the past 60 days, or if you have a hearing scheduled, call me for a free consultation.  Let me develop a plan to win your case and get you maximum benefits.  I will obtain the necessary medical records (at my expense) and prepare for your day in court.  And I will do this without asking you a cent before your case is paid.  
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

"Across from Bridge Street"



 

GETTING DISABILITY BENEFITS IN TENNESSEE REQUIRES A PLAN

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