HUNTSVILLE DISABILITY GUIDE

Denials are about as much fun as Molly seems to be having in this photo!  They are unpleasant and difficult to face, especially since they can mean financial uncertainty.  Claimants often feel that when Social Security denies their disability or SSI claim, they are forced to subsist without proper medical care, housing or even food.   There is something you can do.  You don't have to take a denial letter from Social Security lying down! Contact us at the Forsythe Firm and we will be happy to discuss your options - with no cost or obligation.                                                          "I absolutely hate to be denied!" THE FORSYTHE FIRM   (256) 799-0297 for our Huntsville, AL office (615) 732-6159 for our Nashville, Tn office

No, I am not a prophet nor the son of one.  But with all the guessing, fear and uncertainty going around about the future of Social Security, I want to make a few "predictions" concerning Social Security disability insurance for 2014. Social Security will not go broke in 2014 and the program will remain functional.  All eligible beneficiaries will continue to get paid in full.  However, the margins of the trust funds will continue to shrink because of Congressional inaction and indecision. Thanks to the "Affordable" Care Act (laugh track heard here),  Social Security will not get the congressional attention it needs and the agency will remain underfunded and over-worked.   Social Security will be negatively impacted when the business mandates of "Affordable" Care begin.   (There is a laugh track each time "Affordable" Care is mentioned). The media, once champions of the poor and disadvantaged, will continue to unfairly criticize Social Secur

We spend a lot of time talking about medical evidence for a Social Security disability claim.  More should be said about preparing vocational evidence for Social Security.  What do I mean by vocational evidence?  It should include an understanding of the following factors. PAST RELEVANT WORK:  Social Security will consider past work performed during the past fifteen years if that work was performed long enough for the claimant to learn how to do the work. Concerning Past Relevant Work:  Was it skilled, semi-skilled or non-skilled?  What was the exertion level?  For how long was it performed?  Why can't the claimant do that work now? EDUCATION is part of vocational evidence.  A very limited education (7th grade or below) reduces the claimant's ability to transition to other work.  Conversely, a college degree may help the claimant to find skilled work and make a finding of disabled less likely. RESIDUAL FUNCTION CAPACITY:  This can be thought of in both me

Compassionate allowances permits Social Security to approve claims quickly (often in a week or less) for applicants suffering from one of 200 incurable diseases. On December 6, 2012, Social Security Commissioner Michael Astrue met in the Hart Senate Office Building in Washington D.C. to announce reaching the milestone of 200 diseases that now qualify for a speedy compassionate allowance approval. In order to qualify, an applicant must have one of the 200 illnesses on the list.  There are still many incurable and tragic diseases that are not on the list and thus do not qualify for the rapid award of benefits.  However, the program does provide very quick approval for thousands of applicants each year who suffer from one of the 200 conditions listed. To see the complete list of diseases which qualify for a speedy compassionate allowance disability award, go to the following website:   http://www.ssa.gov/ pressoffice/pr/compassionate- allowances200conditions-pr. htm

Social Security disability is an insurance plan mandated and paid for by the US Government under the Social Security Act.  Like any other insurance plan, it is funded by "premiums" or payments made to the Social Security Trust Funds.  In the case of disability insurance, it is paid for by FICA taxes.  The employee has taxes deducted from his/her wages, then the employer matches that tax and pays into the Social Security Disability Trust Fund.   In order to have current disability insurance with Social Security, the worker must have worked long enough and paid enough FICA taxes to be insured.  The worker must have accumulated a sufficient number of "Quarters of Work" to be insured.  For most workers over age 40, the worker must have worked at least 4 out of the last 10 years to be covered.  Rules are different for very young workers. Social Security disability insurance (SSDI) is often referred to as Title II (two).  SSDI does not require a claiman

A few months ago a client came to file an appeal on his unfavorable Social Security disability decision.  He had worked hard his entire life and had a legitimate disability.  Still, the examining agency had said, "We found that you are not disabled according to our rules." Llater I received an amazing telephone call.  Someone at the Office of Disability Adjudication and Review had reviewed the case, reversed the original decision and awarded full benefits, including more than $30,000 in back pay.  Social Security was calling me to verify bank account information to make a deposit into the claimant's checking account. That's why you can't afford to give up on a disability claim.  Just because someone at Social Security says you are not disabled doesn't mean that you aren't disabled.  I refer back to a recent study which found that 6 out of10 denied claims could have been approved if they'd had a different disability examiner.  The system is far fro

Many people assume that a Social Security disability case is over when the hearing has been held.  This isn't always the case.  Often there is post hearing work that should be done to achieve the best chance of a favorable decision. Everyone at a disability hearing works under pressure.  This includes the claimant, the representative, the vocational expert and even the administrative law judge.  Hearings are generally limited to less than one hour.  The judge will ask questions that place the claimant under stress to answer correctly.  The representative or attorney will be asked to respond to procedural issues or points of law that place him or her under pressure.  The judge must constantly conduct the hearing so that it follows Social Security laws, rules and regulations.  Further, the judge must form accurate hypothetical questions for the vocational expert based on the medical and vocational evidence in the file and upon the claimant's testimony.  The vocational expert th

There is usually a wait of several months to obtain a hearing after a Social Security disability appeal is filed.  However, there are plenty of reasons to submit all your evidence in the case as early as possible. I recently appealed a Social Security decision and asked for a hearing.  I filed the request for hearing in September in the routine manner.  In December the case was reviewed and approved without a hearing.  The appeal was thus resolved in less than 90 days and my client received a back pay settlement before Christmas!  It doesn't always happen that way, obviously, but when there is plenty of evidence, it is always best if you can submit it right away.  In fact, I find there are at least two advantages to submitting medical evidence early: One, it provides a more likely opportunity for an early review of the case.  Two, it gives the representative or attorney an opportunity to write a thorough brief for the Office of Disability Adjudication and Review (ODAR). Thi