HUNTSVILLE DISABILITY GUIDE

Here is the condensed version of the talk I gave at the convention last summer.  Several people suggested that I post it as an encouragement to persons trying to get Social Security disability benefits.  I hope it helps someone. THINK OF SOCIAL SECURITY AS AN ONION Layer 1 of the onion is the application process.  You file an application for disability and wait for a decision.  As you peel this layer of the onion, there is likely to be tears.  That's because up to 75 percent of claims get denied at layer 1.  In fact, layer 1 is almost a waste of time, except you have to get past it to get to layer 2.  Warning:  If you give up after peeling layer 1, you have no hope.  Appeal a denial and move on to layer 2.  (There's a 60 day deadline to file this). Layer 2 is the hearing before an administrative law judge.  This layer doesn't stink and burn quite as bad as the first one. You're less likely to come away in tears. In fact, this is where you find your best chance of

Here's a condensed version of the presentation I made last summer at the convention.  Several people suggested that I post this for the benefit of persons trying to get Social Security disability.  I hope it helps. IF SOCIAL SECURITY DISABILITY WAS AN ONION.... The first layer would be rotten.  This is the application process, where up to 75 percent of claims are denied.  For most people, this first layer of the onion is pretty much a waste of time, except you have to peel off this layer to get to the next one.  So, expect tears in your eyes after you peel this first layer.  But the important thing is, don't stop at layer 1. The second layer is a hearing before an administrative law judge.  This layer of the onion doesn't burn or stink as bad as the first layer.  Your chance of coming away from the hearing with benefits is better. In fact, this layer represents your best chance to win your benefits. Just be sure to follow the onion peeling rules and file an appeal wi

I've taken time to answer many of the most basic questions about Social Security disability, so you can save time, have answers and plan your financial survival.  If your question isn't answered here, please contact me at (256) 799-0297 or (256) 431-1599 and I will speak to you at no cost or obligation.  Please note that my practice is limited solely to Social Security disability, so I can address only this issue. Who can apply for Social Security disability (SSDI) benefits?  Anyone who has worked enough to be covered under the Social Security program.  Coverage is obtained by earning wages and paying FICA tax to Social Security.  Also, you need to be under full retirement age to get disability benefits.  For most folks, that's around age 66 or 67. What are the basic medical requirements to get benefits?   You must have at least one severe impairment which has lasted, or is expected to last for at least 12 consecutive months (or to end in death).  Your imp

During the past decade I have helped dozens of veterans get Social Security disability benefits (SSDI).  Having a high VA disability rating improves the chances of getting SSDI. However, it seems to me that disabled veterans are getting a closer look, with more questions, by Social Security.   A VA disability decision is not binding on Social Security.  I tell veterans that they still have a very good chance of getting SSDI benefits but we may have to fight a little harder than we once did. Veterans need the same thing all other claimants need:  a well prepared case with air tight medical evidence showing that they are unable to work. The one rule that veterans need to recognize is:  You will have to prove your disability according to Social Security's rules .  Those rules are not the same as the VA rules. The Forsythe Firm takes good cases for both veterans and non-veterans.  And we win a very high percentage of them.  What's important is to prepare well and plan ahe

Irritable Bowel Syndrome or IBS often qualifies for Social Security disability benefits.  Here are the factors that Social Security must consider, based on the medical evidence. frequent unscheduled restroom breaks need for a restroom near the work station and always available number of missed work days because of symptoms pain that interferes with attention, concentration and pace medication side effects  Of course, your doctor's medical records must show a history of your diagnosis, treatment and symptoms. In addition, it is helpful if your doctor will provide a Medical Source Statement (MSS) that specifies some of your restrictions in work-related activities. What you need to show Social Security decision makers is that you would have great difficulty persistently performing any simple, entry level job because of your chronic symptoms.  Your age will also play an important part in the decision about whether you are disabled, as it always does.

You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?    No.  You should assume they made a bad decision because they probably did. In almost one-half of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong.  It hap pens in nearly half of all decisions! Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned.  File an appeal. What is the biggest mistake you can make after being denied by Social Security?   Failing to appeal the denial within 60 days is the single biggest mistake you can make. What are the risks if I appeal and lose?  ⇰There is no risk.⇦   In an appeal, you have everything to win and nothing to lose.  If you do not win the appeal, your legal rep