HUNTSVILLE DISABILITY GUIDE

Mental disorders can be disabling just the same as physical disorders for purposes of Social Security disability.  The Forsythe Firm handles dozens of claims each year based on mental or emotional disorders - and we win a majority of the ones that we represent. The evidence in a disability case based on mental disorders can be a bit more subjective; however, Social Security requires a "severe impairment based on medically determinable evidence."  Obviously, you can't usually define mental impairments with X-rays, MRIs, CAT scans or laboratory studies.  So, what do you offer as proof of a severe impairment? First, I look for a diagnosis by either a clinical psychologist or psychiatrist.  Failing that, I look for a diagnosis by a primary care MD.  To establish a severe impairment for Social Security, you must have evidence from an "acceptable medical source," which would include the type of evidence I just mentioned.  You cannot establish the presence of a sev

Which of the following mental disorders can qualify for Social Security disability benefits? Anxiety Major Depressive Disorder Agoraphobia Post Traumatic Stress Disorder Paranoia Schizophrenia Bipolar Disorder Attention Deficit Disorder Personality Disorders Panic Disorder ANSWER:  All of the above.  And more.  Social Security will recognize any mental disorder that can be medically documented and which is severe enough to cause major limitations of social or cognitive functioning, including the inability to work.  The duration requirement is the same as for physical conditions; you must be unable to work (or expect to be unable to work) for 12 continuous months or more. With children under the age of 18, disability may be documented by the child's inability to function at school because of a medically determinable mental impairment. The Forsythe Firm specializes in obtaining Social Security disability benefits for individuals who cannot work because of mental, em

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A pre-hearing brief (also called a pre-hearing Memorandum) is a document prepared by your representative to succinctly explain the theory of your disability case to the judge who will hear it soon.  By "theory of the case" we mean the logical and legal argument as to why you are disabled under Social Security law and why you should be approved for benefits. As the name implies, a brief should be a short, concise document.  My briefs usually run 3 to 5 pages.  Its main purpose is to give the administrative law judge the nuts and bolts of your case in a document that he or she can read in ten minutes.  Your appeal file may contain 300 pages. Keep in mind that a Social Security judge will typically hear six cases per day.  There isn't time to read 300 pages of evidence and try to sort out the material facts.  Therefore, a 3 or 4 page document that exposes the key facts and tells where to look for details is valuable. In addition, a properly written brief will explain neg

There are 5 steps that an administrative law judge must use in determining whether a claimant is disabled under Social Security law.  The 5 steps are sequential.  The claimant must satisfy step one before going on to step 2, etc.  Here are the 5 steps, outlined in brief form. Step 1.  Is the claimant engaging in substantial gainful activity under 20 CFR 404.1520(B)? Step 2.  Does the claimant have a medically determinable impairment that is severe or a combination of impairments that is severe under 20 CFR 404.1520(C)? Step 3:  Does the claimant's impairment(s) meet or medically equal an impairment listed in 20 CFR Part 404, Subpart P, Appendix I (commonly called "the listings")?  If so, the claimant is disabled.  If not, the analysis proceeds to the next step.  Here, the judge must determine the claimant's residual functional capacity (RFC), according to 20 CFR 404.1520(e) and SSR 96-8p). Step 4:  Does the claimant have the residual functional capacity to per

Social Security frequently gets it wrong the first time around.  While almost 30 percent of disability applications filed in Alabama are approved initially, 70 percent must go to a hearing for a "second opinion."  A hearing gives the claimant and his representative a face-to-face hearing before a US Administrative Law Judge, or ALJ.  The ALJ has authority to ignore any findings made by the Disability Determination Service (the state agency contracted to make the initial decision about disability in Alabama).  Thus, the judge may draw his or her own conclusions about your condition and your ability to work.  In many cases, a hearing will result in a favorable decision which awards benefits - including back pay covering the period back to the "onset date" of your condition. When I look at a potential appeal of a denied Social Security disability claim, there are several things I look for to shore up the case, to give it as good a chance as possible when it goes befo

I've been guilty of placing too much emphasis on the fact that most Social Security disability applications are denied at the initial level.  While it is true that 70 percent will be denied upon initial filing, that leaves about 30 percent that will be approved.  Therefore, it is very important that your initial Social Security disability claim be filed correctly.  Let me mention some of the key ingredients of a complete application for disability: Completeness.  Be sure you answere all the questions or blanks on the form as fully as possible. Exactness.  Describe your illness or impairment in terms of specific limitations on your daily functioning.  Be specific.  "Not very much" is too general an answer to the question "How much can you lift frequently?"  A more specific answer would be "15 pounds." Promptness.  The Disability Determination Service will often send you additional forms to be completed before they make a decision.  Common forms incl

Here are some frequent questions that we receive about Social Security disability claims.  Please be aware that answers are brief and do not address all the possible issues.  You shouldn't rely on this post for advice since it is intended as general information. Q.  Can my doctor sign me up for Social Security disability? A.  No.  Doctors may provide evidence of your impairment or condition but all decisions about whether you are disabled or not are reserved to Social Security. Q.  Do only certain diseases qualify for Social Security disability benefits? A.  No.  Any severe physical or mental impairment that is expected to last for 12 months or longer and prevents you from working may qualify for SSA disability. Q.  If I never worked can I still qualify for Social Security disability? A.  No, unless you qualify for benefits under someone else's work record, such as a parent or spouse.  However, you may qualify for Supplemental Security Income (SSI) without having worke

The Forsythe Firm, Social Security disability specialists, is located directly across from the Bridge Street Town Centre entrance in Huntsville, AL., at 7027 Old Madison Pike NW, Suite 108. From I-565, take Exit 14B, then take the Research Park Blvd. ramp.  Once on Research Park Drive, take the first right exit for "Madison Pike."  Go right at the traffic light.  At the second light, you can turn left onto Governor's West and this will bring you into the rear of our parking lot. (Circle around to the front of the building and look for Suite 108). Here is a photo of what the building in Cummings Research Park looks like on the exterior.   It may help you to find us.  P.S., appointments are advised because we don't like to keep our visitors waiting!  (256) 799-0297. Office Hours are Monday - Friday from 8:30 to 5:00 (appointments advised) Find out more about NOSSCR

MENTAL RETARDATION AND SOCIAL SECURITY DISABILITY BENEFITS May a person obtain Social Security disability or SSI benefits on the basis of mental retardation? Yes. Mental retardation or developmental delay is covered under Section 12.05 of the Social Security disability handbook [CFR 404, Subpart P, Appendix I]. If the claimant has a valid full scale, verbal or performance IQ score of 59 or less, (s)he will generally be found disabled. (The lowest subscore of an IQ test may be used to meet this requirement). When an individual's lowest IQ score ranges from 60 through 70 there must exist additional marked limitations of function to warrant a finding of disability. In short, the IQ score alone will not be sufficient for a finding of disability.  With a score below 60, that alone will usually suffice for a disability finding. My experience has been that mental retardation cases are fairly straight forward. With adequate professional evaluation and documentation, an impairment

I recently represented a claimant in a Social Security hearing and began to cross examine the vocational expert.  I asked her about my client's mental impairment and how that would effect his "occupational base," or ability to work in the general economy.  Her reply was, "You will have to put that in vocational language."  What she wanted was to quantify each emotional impairment into its severity, using mild, marked, serious, extreme.  Fortunately, I had a psychologist's Medical Source Statement (Form HA-1152-BK) that did exactly what the vocational expert said.  It assigned a category of severity to several aspects of the claimant's functional ability related to his mental disorder.  Some of the entries on the form included: extreme limitation in understanding simple directions extreme limitation in carrying out simple instructions marked difficulty in responding appropriately to supervisors or coworkers severe difficulty adjusting to usual work

For several years my practice has used the slogan "Don't Delay - Appeal Today."  I hope those 4 words are easy to remember because they represent the heart of getting approved for disability with Social Security. "Don't Delay."  That reminds us that we only have 60 days to appeal an unfavorable decision on our Social Security disability or SSI claim.  In every denial letter Social Security sends out, they clearly spell out the claimant's right to appeal their decision.  They also spell out the time limit.  You have 60 days to request a hearing.  Social Security adds 5 more days as a "bonus" to allow for mail delivery.  So, you actually have 65 days - but there is no reason to wait.  Don't Delay. "Appeal Today."  This phrase again reminds us not to delay.  You'd be amazed at how many people come to see me who have let their appeal rights slip past them - often by three or four days.  Sometimes by only 1 or 2 days.  And with

For an ODAR (Office of Disability Adjudication and Review) hearing, evidence may be submitted to the administrative law judge up to and including the day of the hearing.  It is advantageous, however, to submit evidence will in advance of the hearing.  Not only does this give the judge an opportunity to review evidence in your file, it also increases your chances of an on-the-record decision. Representatives are aware that medical evidence in disability cases should be requested early in the process.  Many doctors contract with other agencies to handle requests for medical records.  I've seen it take up to 6 weeks to get a medical file.  After I receive the file I need time to study it, make notes for my brief, copy it and submit it to the electronic folder. One of the best things Social Security has done is to give representatives access to the claimant's electronic file.  We can now see in real time what is in the claimant's disability case file.  More importantly, we

We've talked some on this post about vocational evidence and why your past job history is important in a disability claim.  I want to take a moment and expand on that a little further.  In order to qualify for Social Security disability, you must prove that you cannot perform any of your "past relevant work."  That's likely going to be all the jobs you had during the past 15 years. When vocational experts testify about whether you are able to perform any past relevant work, it is essential that they understand the type of work you did, the duties you had, the machines or equipment you operated, how much you had lift, etc.  You also want to give a clear, specific picture of whether you were required to be on your feet all the time or whether you sat much of the time.  The less "exertional" (strenuous) your jobs were, the more likely the vocational expert will testify that you can perform some of them, in spite of your limitations.  For example, a reception

Q.  Who makes the decision whether I am disabled or not? A.  Social Security hands off that decision to a state agency known as the Disability Determination Service. Q.  If my claim is denied what should I do? A.  File a written request for a hearing within 60 days of the denial--if you live in Alabama.  If you live in Tennessee, file a written request for "Reconsideration," which is different than a hearing.  Procedures differ between Alabama and Tennessee but the 60 day rule applies in both states. Q.  If I hire an attorney or representative, how is he or she paid? A.  If you win the case, Social Security will withhold an approved fee out of your accrued back pay and pay the representative.  The typical charge is 25 percent of back pay, which is the maximum amount allowed by law.  If you don't win there is no fee. Q.  What's the timetable for Social Security disability decisions? A.  Times vary by location but here is the general time frames:  You will

Knowledge is power. If you live in the Huntsville area and need Social Security disability , there are critical facts you must know and act upon. Let me give you those facts as concisely as possible. Your initial application has a 70 percent chance of being denied; don't be surprised. If denied, your claim is not yet dead, but lives on for another 60 days! You must file a written request for hearing within 60 days of denial. Request a hearing; do NOT file a new claim. You are entitled to representation and no representative may charge you a fee until after you win. The maximum amount of the fee is controlled by Social Security. If you know those 6 critical facts and act upon them you are on your way to snatching victory out of the jaws of defeat! If you want to view my main website  for more details about winning your Social Security disability or SSI claim in Alabama, click on the web link that is highlighted in blue above. The information is free and there is no o

Madison County consistently has one of the lowest unemployment rates in the state of Alabama.  The average unemployment rate for Madison County in 2012 is 6.5%.  That compares with a statewide average of 7.2% and a 2012 national average of 8.2%. Yet, many of the jobs in the Huntsville area are jobs that require particular skills.  They don't call it "the Rocket City" for nothing. For a person with a disabling impairment, finding any work that will accommodate special needs can be difficult.  If the impairment is severe and is expected to last for 12 months or more, it is probably time to file a disability claim.  In filing for  Social Security disability , it is important to describe all past relevant work experience.  This vocational information combined with medical information helps decision makers approve Social Security disability claims. During the latest reporting period, 70.1 percent of Social Security disability claims filed in Alabama were denied.  There

I realize that many advocates advertise on TV and use 800 telephone numbers to sign up clients for Social Security disability.  But since I live in the Huntsville area, I work in Huntsville and North Alabama mostly.  There are tremendous advantages to meeting with my clients face to face and talking with them in person. A story usually emerges from my interviews that I can use to help win the claimant's case.  By "story," I simply mean the events that led up to the decision to file a disability claim.  Sometimes, the disability was recent, traumatic and sudden--like an accident.  Sometimes, though, events that led to the disability started to unfold years ago, sometimes even in childhood.  There is nothing like sitting down and listening to a claimant's story to help understand the nature, depth and reality of their disability. Sure, those guys on TV spend thousands of dollars on slick commercials.  You can have lawyers who are comedians, lawyers who sing, or any