HUNTSVILLE SOCIAL SECURITY ATTORNEYS: WE WIN DISABILITY CLAIMS

Experienced Social Security attorneys or advocates help you navigate the disability and appeal process to improve you chances of receiving benefits.  Let me say right off that Social Security does deny claims that should be paid.  They frequently make mistakes or errors that deny legitimate claims wrongly.  An appeal is the way to get this fixed.

Huntsville and Decatur appeals are handled by the Florence hearing office.  Once your claim has been denied, it takes over a year to get a hearing scheduled in most cases.  The good news is, you can ask for back pay and recover one month of benefits for each month you had to wait to get a favorable decision.

If you are considering a Social Security disability claim, you may file in one of the following ways:

1)  Online at www.socialsecurity.gov.  Click on the Disability icon and fill in the blanks.  The application is long and detailed.


2)  In person at any Social Security office.  Locations and phone numbers are listed below.

3)  Get an attorney or advocate to file the application for you.  You can't be charged just for filing the application.  The Forsythe Firm is one of the few advocates in North Alabama that will help you file the initial application (if they agree to represent you).  (256) 799-0297.

Some Social Security offices in North Alabama are:

Huntsville Social Security Office
4970 Research Drive NW
Huntsville, AL 35805
PHONE (866) 593-0665

Decatur Social Security Office
717 McGlathery Lane
Decatur, AL 35601
PHONE (888) 289-9185

Cullman Social Security Office
1980 Commere Ave. NW
Cuillman, AL
PHONE (800) 772-1213

Albertville Social Security Office
412 Martling Road
Albertville, AL 35951
PHONE (800) 521-0073

The disability application process can be long and complicated.  Therefore, it may help you to seek professional advice before applying.  A knowledgeable advocate can make sure that you meet the basic requirements for SSDI and that your application is complete, accurate and free of mistakes that can cause a denial.

If you are denied during the initial stage of the application process (as about 70 percent will be), you will need to request an appeal hearing before an administrative law judge (ALJ). Most of the cases that we see approved these days are approved by judges, not by filing an application.  So it is very important to appeal a denied claim.  The law only gives you 60 days to file an appeal once your claim has been denied.

There are eight administrative law judges that handle appeals out of the Florence Office of Hearings Operations.  They are:

ALJ	Approval Rate
Digby, Patrick R.	31%
Green, Gloria W.	56%
Grimes, James	36%
Lewis, Jason A.	52%
Richey, Mallette	43%
Weaver, Cynthia G.	17%
Williams, Lori J.	36%
Wright, Douglas A.	73%

The judge handling your case will be assigned randomly; you can't choose the judge.  However, your attorney or advocate will know the judges and have experience in presenting cases before them.  This can help in preparing the appeal in a way that the particular judge prefers.

The burden of proving disability rests on the claimant.  You must present acceptable evidence that you qualify for a benefit according to the rules and regulations of the Social Security Administration.  Many claimants get into trouble because they don't know the rules and regulations of the Social Security Administration; therefore, they don't know how to prove that they qualify for a benefit.  It isn't a matter of being disabled.  It's a matter of proving that you are disabled.

HOW DOES AN ATTORNEY/ADVOCATE GET PAID FOR HIS/HER SERVICE?

Social Security dictates how attorneys (called "representatives") can be paid.  They can only charge you a fee if you win your case and it results in back pay for you.  The attorney's fee must come out of the back pay settlement.  The fee is limited to the lesser of 25 percent of the back pay or $6,000, whichever is smaller.

If you do not qualify for any back pay, the representative's services are provided free and you don't pay any expense.  

You monthly benefit can never be reduced because you had an attorney/representative.

WHY SOCIAL SECURITY DENIES DISABILITY CLAIMS

In Alabama, Social Security denies about 70 percent of all disability claims.  Generally, for one reason.  There isn't enough medical evidence to prove disability.

When I speak of "medical evidence," I'm speaking of records from doctors, hospitals and other treating sources.  

Social Security cannot take a claimant's word for the existence of an impairment or the severity of symptoms.  This evidence must be supplied by licensed physicians, psychologists or acceptable medical sources.

Medical evidence not only must exist, it must be submitted to Social Security.  Of all the denials that I review, Social Security did not obtain all the medical evidence in about one-third of cases.

If a claimant has no health insurance and can't afford to see doctors, it is especially difficult to get a claim approved.  True, Social Security may send you to see one of their consulting doctors--but these doctors rarely help your case.

I often see the following justifications for denial of benefits.  I will give the Social Security language followed by plain-speak:

1)  You are not disabled according to our rules.  Plain-speak:  You may be sick but our rules are very strict and you haven't proven that you're sick enough to meet our rules.

2)  You cannot perform any of your past work as you described it; however, you can perform your past work as it is generally performed in the national economy.  Plain-speak:  You describe your past work as very difficult, more difficult than average.  You would be able to do this work for another employer where the work is not quite so demanding.

3) We agree that you cannot perform any of your past work.  However, there is other work in the national economy it that you are able to perform.  Plain-speak:  We agree that you are not able to perform your past work.  However, there are lots of other types of jobs in the national economy that you can do.  Since you can do some other type of work, you do not qualify for a benefit.

The decision hinges on the definition of "disability."  And on Social Security's interpretation of whether your impairments are severe enough to prevent you from working some type of full-time job.

What should you do?  You should file an appeal immediately and ask for a hearing.  This is your best chance of getting a benefit.  Filing a new claim probably won't do any good.  They will deny it, too.  An appeal leading to a hearing before an administrative law judge (ALJ) is the best option.

Going before a judge gives you a second chance to prove your case.  The judge will ask you to prove that you really are unable to work.  He/she will want objective medical evidence (from doctors) to prove it.  If your original claim wasn't supported by hard medical evidence, here's your second chance to provide the evidence.

An experienced advocate or attorney can be of great help to you, because.....

• He/she knows what evidence is required.
• He/she knows how to get and use this evidence.
• He/she knows what each judge prefers.
• He/she knows how to make a legal argument that you meet the regulations and should be paid.
• He/she understands the thousands of rules and regulations that Social Security uses.

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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

WEBSITE: SOCIAL SECURITY JUSTICE