WHEN YOU FINALLY GET SOCIAL SECURITY DISABILITY

 When you finally get Social Security disability benefits, your life can change--for the better!  Here are a few of the ways:

1.  You can now afford quality health care, doctor's visits, medical tests, supplies and medications.  (Medicare doesn't cover prescriptions, but you can purchase Part D and have them covered).

2.  You have money to live more independently.  You are able to afford a home, better food and life's necessities.  We don't really value our financial independence enough until it's taken away from us.  Disability benefits helps restore some of that independence.

3.  Peace of mind. Disability causes unavoidable anxiety about the future.  With a regular monthly income, you are now able to budget your household expenses and plan each month based on a known, certain income.

4.  If you qualify for lump sum back pay, you can use it to settle bills, catch up your mortgage or purchase something you previously couldn't afford (a better car, furniture, a vacation...who knows?).

Nothing adds more joy to my day than calling a client and saying, "Congratulations, your Social Security check is on the way!"  

Don' give up, and don't stop trying.  If you have been denied, success may still be just around the corner.  We help claimants who have been denied but who don't wish to give up.  And that persistence often pays off with an approved claim and great benefits.

Call the Forsythe Firm for a free case evaluation at no obligation.  If we accept your case, you will never pay us a fee (or any upfront cost) until you win and receive your back pay.  If you don't win, our work is totally free. 

 Call (256) 799-0297.

WORKING WITH AN ADVOCATE OR ATTORNEY

Social Security attorneys and advocates have spent years studying and working within the Social Security legal system.  They are trained to easily find their way through a process that be intimidating from the outside in.  They will know exactly what to include in your application and how to make sure no important mistakes are made in the application process.  They can also interpret legal terms and processes that may be difficult to understand.

 Attorneys and advocates can go to court for you if your case comes before an Administrative Law Judge.  A majority of disability cases that are paid these days go before a judge before they are approved. It's important to have someone with you in court who knows how to represent you before the judge.  

Data from the Social Security Administration show that claimants who are legally represented are much more likely to win their cases.  Your attorney-advocate can also help you to get past due benefits that you might otherwise loose.  Our firm has collected as much as $90,000 of back pay in a single Social Security disability claim.  In fact, most of the claims that we represent are paid substantial sums of "back pay" or past due benefits.

There's no need to go it alone.  Call us for a free consultation.  Our fee arrangement states that you will never pay us a fee unless you win, and our fee is limited to no more than 25 percent of your back pay.  We will not receive any of your ongoing monthly benefits; they are all yours to keep.

And yes, we do offer telephone consultations from the safety and convenience of your own home.

________________________

The Forsythe Firm

Social Security Counselors

(256) 799-0297

"Across from Bridge Street"

HOW TO TELL IF YOUR DISABILITY HEARING WENT WELL

You've just finished your disability hearing before a judge.  You answered a lot of questions and the judge questioned a vocational expert about the kinds of work you may still be able to do.  Did the hearing go well?  Can you tell if the judge is leaning toward approval or denial?

Since most Social Security disability claims are WON at the hearing level, it pays to take the hearing seriously and prepare well. You only get one hearing.

Rarely, judges will simply announce their decision at the end of the hearing, which is called a bench decision.

But more often, judges will leave you dangling with something like, "Thank you for coming in today, and I will get my decision in the mail as soon as possible." Expect it to take between 3 and 8 weeks to get that Notice of Decision in the mail. You can't call anyone to get an early answer.

Can you tell if you had a winning hearing and will be awarded benefits? That's tough and there's no sure way to know if the judge doesn't tell you. But here are some very good indicators that you may have won or will be approved:

1. It is stated by a medical expert that you meet or equal a certain Listing level impairment, which means that approval should be automatic. (There isn't a medical expert at every hearing).
2. In response to the judge's hypothetical questions, the vocational witness stated that you cannot perform any of your past work and that there are no other jobs in the national economy that you could perform. 
   Note: Most judges ask several hypothetical questions, and very often the vocational expert's answers are a mixed bag. To question 1, there is work you can do. To question 2, the expert finds examples of 3 jobs you could do.  But to question 3 the expert says there is no work that you could do.  Now, you don't know which answer the judge will use to form the decision.  It could go either way.
   

What can you do following the hearing? Not much. Continue to follow medical treatment. Don't drive yourself crazy checking the mailbox every day. Your attorney/representative will probably contact you about your decision before the letter comes in the mail because the attorney gets advance notice of the decision (about 5 days before you get it).

Remember, most claims are won at the hearing level, not before. Take every precaution to have a good hearing and put forth your best evidence. This probably means appointing a lawyer or qualified disability advocate to help you prepare and to attend the hearing with you. There are studies that show you are 3 times more likely to win if you are represented. It is foolhardy to have a hearing without legal representation.

 

MORE ABOUT BACK PAIN AND SOCIAL SECURITY

 

I've said previously that Social Security does not give disability benefits for back pain; that is, for mere complaints of back pain without a medical causation. I talked about needing an MRI or X-rays to show the reason for the back pain.

Now, I want to talk about the importance of continuing in treatment. There are a few key factors in continued treatment.

1. Treatment should be with a specialist in spinal issues, such as an orthopedic specialist. A lot of people go to their primary care doctor, who diagnoses "back pain" or "chronic back pain," and feel that this is enough. It isn't nearly enough.
2. Have the recommended X-rays or MRI done to pinpoint specific disease or faults in the spine. There's nothing like evidence you can see. Imaging tests are important.
3. Keep following up with your specialist. Don't just get a diagnosis and fail to return. Social Security wants a continuous line of treatment.
4. Try conservative measures for back pain: physical therapy, medications, or epidural injections--as ordered by your doctor.
5. Treatment by a pain clinic probably won't convince Social Security. While you may need this treatment to manage pain, the government will still want complete records from your orthopedic specialist, who has found the underlying cause of the pain.
6. Never, ever depend on a consultative examination (CE) by a Social Security doctor to help you win. Some claimants are sent to these exams; however, the exams are brief, rushed and only address what the doctor sees at one moment in time. Pin your hopes on the records of your treating physicians, especially the specialists.

The fact is, Social Security only pays a disability benefit for conditions that have become so severe, over such a long period of time, that the claimant can no longer perform any of his past relevant work--or any other full-time work. In other words, you must be totally and completely disabled. There is no "partial disability" with Social Security. And there is no "short term disability."

In short, Social Security claims are not won on back pain. They are won on musculoskeletal diseases or injuries which cause back pain.

WHY WE OFFER FREE TELEPHONE CONSULTATIONS

 

Our clients and potential clients are scattered across middle Tennessee and north Alabama. Occasionally, we represent persons in other states, as well. It's often difficult for individuals to gather up all their paperwork and travel to our offices. So, it seems natural to offer a free telephone consultation where we get basic information and evaluate the claim or situation.

Add to that the challenge of COVID-19, and a telephone conversation is often not just more convenient, it can be safer, too.

The Social Security Administration is conducting much of its business by telephone now, including hearings with administrative judges. I didn't like the idea of telephone hearings at first, but as I've done more of them, I'm starting to like them.

If you call us for a free telephone consultation, here are some things we will ask you about:

• When did you stop working, or are you still working?
• What is your age (important in disability claims)
• What type of work have you performed in the past?
• What impairment(s) keeps you from being able to work?
• Have you already filed a disability claim?
• Are you at the stage of needing an appeal?

Social Security disability is a complicated business and we can best advise you if we have the information that the agency will consider in deciding your claim. So, don't feel overwhelmed by the whole disability maze. Let us help you make sense of it and we'll handle a lot of the details for you. Remember, everything we do is FREE unless you win with back pay.

DISABILITY BENEFITS FOR ARTHRITIS

 

Arthritis is a painful and often debilitating condition. There are many types of arthritis, and getting a Social Security disability benefit depends on the type of arthritis you have and the severity of symptoms.

Social Security rarely pays a claim for osteoarthritis (OA) because it is so common, and it rarely is severe enough to keep an individual from working. The exception might be when severe OA causes major dysfunction of a weight bearing joint, especially in claimants over the age of 50.

Rheumatoid arthritis is more commonly found to be disabling.

When applying for SSDI benefits, keep in mind that SSA’s focus with respect to the medical requirement is whether you can work and earn a certain level of income. The real issue is proving that you can't work. You need to gather sufficient documentation and other evidence to support your position. The most important source of information is your medical records, which should include:

• Your doctor’s diagnosis of a specific form of arthritis;
• Physician notes on how your condition imposes physical limitations;
• Documentation on the different treatments you have tried to alleviate your arthritis pain, such as surgery,physical therapy, and prescription medications; and,
• X-rays, MRIs, and other objective lab tests that show the damage to joints, discs or spine.

Perhaps the most difficult evidence to get is "physician notes on how your condition imposes physical (work) limitations." Which physical activities are limited and to what extent? In other words, how are you limited in sitting, standing, walking, lifting, pushing and pulling? This information is often not found in medical records and claimants must go to their doctor looking for it. The combination of all your physical restrictions is called a Residual Functional Capacity or RFC. The more restrictions you have, the more likely you are to be approved for disability benefits.

Your disability attorney knows specifically what evidence Social Security needs and will assist you in getting it.