GETTING A DISABILITY CLAIM APPROVED

 

Social Security is tight with their money.  They have a very strict, particular definition of 'disability' and benefits are hard to get.  As someone who has worked more than two decades as a Social Security disability advocate, I've learned a few things about how to get a disability claim approved.

1.  You need current and strong medical evidence.  It's important to see your doctor(s) regularly.

2.  You need a good understanding of how Social Security works:  who it covers, what it covers, it's regulations, procedures and requirements.  It's taboos and pitfalls.

3.  You must be prepared for a fight.  Almost no one wins their claims in the early stages.  Usually, it requires at least 2 appeals and a hearing before a judge.  Persistence is what pays off.

4.  You probably need an attorney or professional advocate.  The system is too complex and complicated to navigate it on your own, especially in appeals.

 

WHAT IS A JUDGE'S ROLE IN SOCIAL SECURITY DISABILITY?

 What are the odds that your disability case will wind up before a judge?  What is the judge's role in this process?

Most Social Security disability claims go before a judge for a hearing.  Only about 25 percent of claims are paid simply by filing an application (the most obvious cases).  The first appeal, called "Reconsideration," pays only about 10 percent of claims.  So, that means approximately 65 percent of claims will go before an administrative law judge for a hearing.

 What is the Judge's Role in the Process?

The judge is there to give you a brand new review of your claim and a new decision.  He or she is a fact finder.  The judge will listen to your testimony, hear arguments by your attorney, review all the medical evidence (including new evidence), and render a new decision.  The judge is not bound by an previous decisions that Social Security has made.  He or she can certainly overrule a denial if the evidence warrants.

The judge presides over the hearing, decides the order in which things are done, swears in everyone who will be providing testimony, rules on objections and asks probing questions of the claimant and attorney.   He/she will issue a new decision within 60 to 90 days after the hearing.

One other important thing the Judge does is to decide the "onset date" of the claimant's disability?  Exactly when did the claimant meet the rules for the beginning of disability?  This date may decide the amount of retroactive benefit or back pay due the claimant.   It's an important fact that the judge will settle in the decision.

Should You Attend a Hearing Unrepresented?

Never, ever.  From the moment you take a seat in the witness chair, you won't understand what happens in the hearing.  The terms and language will be new to you.  If you haven't prepared, many of the questions will be unanswerable.  You may very well say something unintentionally that will get you denied. You may lose thousands of dollars in past due benefits. Usually, the vocational witness called by the government will testify that there are still some jobs that you can perform.  Left unchallenged, this loses the case!  According to government data, you are at least twice as likely to be approved when you use a qualified advocate/attorney. 

What if You Use an Advocate and Still Lose?

If you are represented and still lose your case, or if you win but don't receive any back pay, the attorney/advocate cannot charge you a legal fee, no matter how much work he or she has done for you.  No win, no fees?

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The Forsythe Firm

Huntsville, AL 35806

Phone (256) 799-0297

SERVING ALABAMA and TENNESSEE

THE BEST SOCIAL SECURITY DISABILITY ADVOCATES IN TENNESSEE

 Get a top Social Security disability advocate in Tennessee or Alabama!  And get the following services:

• Assistance with filing a complete accurate application for benefits.
• Obtaining all your medical records for consideration.
• Problem solving to keep your claim on track.
• Correspondence with Social Security as needed.
• Filing of all required appeals and forms.
• Presenting a strong legal argument of your case.
• Representation before judges and hearings (court)
• Never an up-front fee or cost to you.

It doesn't cost any more to hire the best Social Security disability advocate you can find!  The fee is based on the amount of your back pay or retroactive benefit.

 An advocate or attorney with a LOCAL office is convenient and he/she knows the local judges who decide disability cases.  The advantage here is that your advocate knows the particular ways that these judges approach a case, what each one needs to see for evidence, and how to prepare your case for the best chance of approval.

 Plus, you get a chance to develop a working relationship with your local advocate, as opposed to meeting him or her for the first time on the day of the hearing.

 The Forsythe Firm has been representing deserving claimants for more than two decades.  The firm has a high success rate and will work hard to get your benefits for you.  Of course, no advocate can guarantee the result of a claim or appeal but a knowledgeable advocate can increase your chance to win.

Call the Forsythe Firm at (256) 799-0297.  The call is free.

WHAT SOCIAL SECURITY DISABILITY DOES FOR YOU! AMAZING BENEFITS

 

Getting Social Security disability can change you life--for the better. Many people are reluctant to apply for disability benefits because they don't want to admit they are disabled. But being unable to work often produces a downward spiral that greatly reduces qualify of life. The individual may be struggling financially, with no source of regular income. If there is no health insurance to pay for treatment, then effective medical treatment can be out of reach. This produces more pain and discomfort and may cause or exacerbate depression, anxiety or other mental disorders.

Receiving Social Security disability benefits can do several things to improve quality of life.

1. A regular monthly payment up to $3,011 per month (deposited right to your bank).
2. A lump sum payment to cover months you were entitled to benefits before applying.
3. Medicare health insurance to pay doctors, hospitals or other providers.
4. Availability of prescription drug coverage to pay most or all of your prescriptions. 
5. The possibility of getting dental and vision insurance for little or no cost.
6. Coverage for mental health visits or treatment, as needed.
7. A monthly benefit that automatically converts to retirement benefits when you reach full retirement age.

These are some of the important benefits available under SSDI (Social Security Disability Insurance). But you must reach out for them and take the first step.

The Forsythe Firm in Huntsville and Franklin, TN has been helping disabled individuals get these benefits for two decades. We have a high success rate. Data shows that you are more than twice as likely to be approved when using a highly qualified attorney or advocate to help you.

You may speak to one of our counselors or advocates for free. We will never charge for anything we do. If you win your benefits and receive back pay, the government will withhold our pre-approved fee and pay us directly. It costs you nothing to adjudicate your claim--even if it must go before a judge. Call the Forsythe Firm at (256) 799-0297 today.

# 1 REASON SOCIAL SECURITY DENIES DISABILITY CLAIMS

 

Only about 27 percent of Social Security disability (SSDI) claims get approved at the application stage. While there can be several reasons for a denial, the number one reason is

Your impairment is not severe enough to qualify for disability

Basically, the Social Security rules require you to have a severe disability which makes you totally unable to work (at any job). Unlike many other programs, Social Security has no partial disability benefit. It is 100 percent disability or nothing.

It is rather difficult to prove that you are totally unable to perform any full-time job.

Also, a doctor is not allowed to certify that you are disabled or that you cannot work. These decisions by law are reserved for the Commissioner of Social Security. So, only Social Security can determine who is disabled or who is unable to work.

It's common for denial letters to state something like this: "We have determined that you have some severe impairments. You cannot perform the work you have done in the past. However, based your age, education and functional capacity, you are able to perform certain types of work."

 

Also, Social Security offers no short-term benefit. They only consider a "disability" to be a severe impairment that will last at least 12 straight months. So, any condition that keeps you out of work less than 12 straight months is not a disability, according to them. 

Thus, Social Security's definition of 'disability' is very difficult to meet.

Individuals who are at least 50 years old have a better chance of being found 'disabled' by Social Security. Claimants age 55 and over have an even better chance. However, even these older claimants often have to "fight" through the long appeals process to get approved.

 

At the Forsythe Firm we fight for claimants rights every day. Our pledge is, IF WE DON'T WIN YOUR CASE, YOU PAY US NO FEE. NOT A CENT!

 

Contact us at (256) 799-0297 in Alabama or Tennessee. The call is free.