DON'T GIVE UP ON SOCIAL SECURITY

By Charles W. Forsythe
of The Forsythe Firm

BENEFITS ARE HARD TO GET:  DON'T GIVE UP!

With over a million Americans applying for Social Security disability benefits every year, it is increasingly difficult for disabled individuals to get a favorable decision from Social Security.  In recent years, denial rates have climbed to over 70 percent in the initial or "application" stage.

Claimants who have been denied are often unsure of what to do next.  Many simply give up and this forces them to live without adequate housing, food, medical care and other basic necessities.  As one individual told me, "I was living without hope."

My firm was founded more than two decades ago to give hope to disabled individuals.  My job is to fight for benefits that disabled claimants paid for and deserve.  The Social Security disability program is NOT welfare, is not paid for out of taxpayer money and does not increase the national debt, as some mistakenly believe.  The program is self-financing, paid for completely by a special tax on workers called a FICA tax.  FICA stands for Federal Insurance Contributions Act.  The tax is withheld from every paycheck and matched by the employer.  These withholdings go into the Social Security Trust Fund and are used to pay benefits when a worker becomes disabled.

The problem is:  Social Security is about to begin spending more money than it brings in.  This is because of three basic demographic truths concerning our population:

1.  Millions of baby boomers are becoming disabled.
2.  Millions of women entered the work force during and after World War II.
3.  The population is living much longer.

But Social Security's financial problems are not your concern.  You paid into the system for years, out of every paycheck, and now you need your benefits.

If you have been denied, I will file an appeal.  (You must do this within 60 days of the denial, however).  If I take your case, I will fight for you within the legal system to get the denial overturned, get you paid, and to get you all the past due payments you are entitled to get.
I will never charge you a penny in fees unless I am successful and recover back pay or past-due benefits for you.  My fee will be a small percentage of the back pay that you recover.  If we are not successful, you will never owe me a fee.  I will never ask you a money upfront.

A free consultation is a phone call away.  Contact our Huntsville, AL office if you have questions.  (We also have an office in Franklin, TN for our Tennessee clients).

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

SOCIAL SECURITY JUSTICE WEBSITE

GREATEST THING YOUR ADVOCATE CAN DO - TO GET YOU PAID

There are some things Social Security disability attorneys or advocates can do.  Some things they can't do.  They can't make a massive US government agency move faster than it's inclined to move.  However, they can find and present evidence to increase your chance of approval.

There is one thing a claimant's advocate can do--that is worth everything you might ever pay him or her in fees:  find that one missing piece of evidence that will get your case approved.

If it were a murder trial, we'd call it the "smoking gun."  But Social Security adjudication is a lot more subtle.  It may be the little, quiet, easily overlooked things that win or lose.

The secret to success might be hidden away in your high school education records.  Maybe it's in your military record.  Perhaps it eludes you on page 1,273 of a doctor's record.  Or maybe it's more obvious.  Perhaps your advocate needs to send the proper form to one of your doctors and ask him or her to fill it out. 

On the day of the hearing, pieces of evidence are weighed in the balance by an administrative law judge:  the favorable and unfavorable evidence.  The judge is looking for a logical thread that runs through your story of disability--something objective that makes your testimony credible and real and believable.  Trained disability advocates are good at hunting and finding such objective threads as they sort through thousands of pages of evidence.

There are no tricks involved.  The evidence either supports your case or it doesn't.  But if the evidence is there, it's your representative's job to find it and use it convincingly.
___________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806                       FORSYTHE FIRM WEBSITE
PH (256) 799-0297

DISABLED "ACCORDING TO OUR RULES"

Individuals come to my office with Social Security denial letters hundreds of times each year.  There is one sentence, hidden away somewhere in the denial letter, that really gets to the heart of why the claim was denied.

"...You are not disabled according to our rules."

Social Security's definition of disability is very narrow.  Furthermore, their system of proving disability is very strict.  You have to know their rules and follow them to be approved.

Here are a few of the rules that you absolutely must prove in order to get Social Security disability (SSDI) benefits:

• You have not been working at a level of substantial gainful activity since you applied for SSDI benefits.

• You have a medically determinable impairment that is severe and has lasted for at least 12 consecutive months, is expected to last for that long, OR is expected to end in death.

• You must prove your residual functional capacity--that means, what is the most you are able to do in terms of work activities?  Work is measured by its exertion requirements:  sedentary work, light work, medium work, heavy work and very heavy work.  At which level are you able to perform?  Can you do even sedentary work?  (Mental or psychological factors will also enter this picture later on).

• You must prove with medical evidence that you are not able to perform ANY of the jobs you have held within the past 15-year period. 

• If you are under age 50, you must also prove that there are no other jobs in the national economy that you could perform--based on your age, past work experience, education and residual functional capacity.

Unless these five basic facts can be proven (proven, not just alleged)--then Social Security will not pay a benefit.

When Social Security says that a claimant must prove disability according to our rules, they mean it.  There are thousands of pages of complex regulations about what is "proof" and what is not.

Is it possible for a truly disabled claimant who is unable to work to be denied?  Not only possible, it is common.  Being disabled does not qualify for a benefit.  PROVING that you are disabled according to the government's rules....that's what gets a benefit.
___________________
Charles W. Forsythe is a founding partner at the Forsythe Firm in Huntsville, AL.  (256) 799-0297.

FORSYTHE FIRM DISABILITY WEBSITE

SHOULD YOU HAVE A SOCIAL SECUITY HEARING BY VIDEO?

Responding to the severe backlog of hearings and the long wait time to get a hearing, Social Security is now doing a large percentage of their disability hearings by Video-Teleconference (VTC). 

But do you really want to have your hearing by VTC?

You have a choice.  You can opt out of video hearings, if you do so according to the rules.  (More on that later).

The major advantage of a video-teleconference is that it shortens the wait time for a hearing.  However, my research indicates that it only shortens the wait time by 1 or 2 months.  Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.

What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings.  A 5 percent increase may not sound like much, but it is significant.

What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen?  Here is the rule you must follow:

Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference.  This is normally in a packet of materials sent out a few months after you submit your appeal.  Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice.  A form is sent with the notice for this purpose.

There may be instances where attending a hearing by video-teleconference is a good idea.  An example would be if you are in a hearing office with very low award rates.  A video hearing may give you a better chance but there are, of course, no guarantees.

Need help with a Social Security disability claim or appeal?  Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville.  (We work with clients all over Alabama and middle Tennessee).

  THE FORSYTHE FIRM
Practice Limited to Social Security disability 
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297

SOCIAL SECURITY JUSTICE - MORE INFORMATION 

HEARNGS FOR LIMESTONE COUNTY RESIDENTS

Residents of Limestone County who are denied for Social Security disability benefits will have their appeals assigned to one of two hearing offices:  either the OHO office in Florence or the OHO office in Franklin, TN.

A federal administrative law judge (ALJ) will be assigned to review the appeal and eventually hold a hearing.  These hearings have become a very routine, normal part of the disability application process.  Over 70 percent of applications are denied, requiring an appeal and a hearing.

In fact, an entire legal industry has sprung up around Social Security disability hearings.  about 1,500 administrative law judges work every day--just hearing Social Security disability appeals.  Thousands of attorneys and non-attorney advocates earn their living representing claimants who are headed for a hearing to try to get their benefits.

Some facts you must know if your SSDI claim is denied:

• You only have 60 days to file an appeal.  No more.
• To be successful, your appeal must follow requirements in the written law or regulations for SSDI/SSI.
• Your medical record must be up to date before your hearing date.
• At the hearing, you need to be able to explain how you meet all the legal requirements for a Social Security disability check.
• You are entitled to get a representative to assist you and pay no fee unless your appeal is successful and results in pay past due payments to you.

If you need help with a Social Security disability application, claim, appeal or hearing, please contact us here in Huntsville.  We handle claims all over Alabama and Middle Tennessee.

THE FORSYTHE FIRM
PH  (256) 799-0297
Located Across from Bridge Street Town Centre

FORSYTHE FIRM: SOCIAL SECURITY JUSTICE 

YOUR DISABILITY CHECK CAN BE CUT OFF

Many people assume that once they receive a Social Security disability (SSDI) check, their benefit can never be stopped.  This is not true.

Social Security now performs tens of thousands of Continuing Disability Reviews (CDRs) to determine whether disability checks should be stopped.  Under a 1984 law, disability benefits may be terminated if:

a) There has been significant medical improvement since the benefit was started,

b)  The claimant is now able to work.

How do Continuing Disability Reviews work?

The claimant will get a letter notifying him or her that a review is taking place.  The claimant will be told to submit any medical evidence they wish to be considered.  They will be asked to return a form providing the name and address of doctors, hospitals and other medical providers who are providing treatment.  It is very important to return this form.

When the CDR is complete, the claimant is notified by mail of the decision.  If the decision is to terminate benefits, the claimant may appeal in one of the following manners:

1)  Within 10 days, file an appeal stating that you wish for benefits to be continued pending the outcome of the appeal.  (If the appeal is eventually unfavorable, Social Security will ask for this money to be paid back to them).

2)  Within 30 days, file an appeal that does not ask for benefits to be continued during the appeal. Your benefits will stop on the date stated in the letter and will only be reinstated if you win your appeal.

What is the best protection against having benefits cut off?  The answer is:  Keep seeing your doctor regularly, take your medicine and follow medical advice.  A lot of problems come up with Continuing Disability Reviews because individuals get their disability checks started, then stop seeing the doctor.  Social Security will nearly always take this to mean that there has been medical improvement.  They will likely use it to try to stop benefits. 

ATHENS AL DISABILITY 2018 - DO YOU NEED A DISABILITY CHECK?

Surviving disability in 2018 means getting a check from the Social Security Administration.  SSDI is the only major financial aid available to the average disabled worker in the United States.  It can pay up to $2,600 per month in cash.

The problem is, Social Security will deny 75 percent of all the claims filed in 2018.  There is a "secret" to winning your benefits, which is really not a secret at all.

• Apply and get denied.  Then, file an immediate written appeal (which takes about 30 minutes).
•  Prepare for a personal meeting with a decision maker at a hearing.  Be sure to submit all medical evidence, include all new evidence (doctors' records) well in advance of this hearing.
• Consider an attorney or advocate to prepare for the hearing, attend the hearing with you, and help you meet the rules for becoming an SSDI beneficiary.
•  There is a reason why some people get benefits and some do not.  Largely, it is because some people take time to find out what the rules require and some do not.  Those who do often win, the others usually lose.

My firm here in Huntsville serves Athens and Limestone County--including the communities of Athens, Elkmont, Ardmore, East Limestone, Lester, Tanner, etc.  I am an experienced disability advocate and have attended hundreds of SSDI hearings.  I offer free consultations and never charge a fee unless you win your claim and collect past due benefits (also called "back pay").  If you don't win you owe me nothing--zero--nada.

From anywhere in north Alabama, you may contact me at (256) 799-0297.

Charles Forsythe
The Forsythe Firm
PH (256) 799-0297

Located at:  7027 Old Madison Pike NW, Suite 108
                    Huntsville, AL 35806
                    Directly in Front of the Bridge Street Mall

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