HUNTSVILLE DISABILITY GUIDE

Many times, after you apply for Social Security disability, SSA will write you and ask you to report to a certain doctor for a consultative examination.  At this exam, paid for by Social Security, a doctor working under contract with the SSA, will perform an examination to determine the extent of your medical impairments. Many claimants wrongly assume that this doctor will find evidence of an impairment that will help win their case.  Not likely.  Unless you are paralyzed, confined to a wheelchair, require oxygen 24/7, or have some other catastrophic, obviously serious impairment, the consulting doctor will probably fail to find any disabling conditions. Here are some of the factors that I generally assign to explain the fallacy of consultative examinations by Social Security doctors.  I say in general because there are exceptions.   The doctor will probably spend 5 to 15 minutes with you.  He turns out patients like an assembly line.  Unlikely ...

When you file a Social Security disability claim in Alabama, the application goes to a state agency in Birmingham known as the Disability Determination Service, or DDS.  An examiner at DDS will make the decision as to whether you meet the eligibility requirements for Social Security disability.  In 7 out of 10 cases, the answer will be, No - you do not.   If you examine the denial carefully, here's what you will find.  DDS followed the 5 Step determination process required by law.  I want to explain the 5 steps.  Note carefully how Step 5 can be used to deny most disability claims.  Here is the process and typically how we see most cases decided  at the initial level in Alabama: Step 1:   Is this claimant now working at substantial gainful activity?  No.  He/she has stopped working. Step 2:   Does this claimant have a severe impairment that could reasonably be expected to display the symptoms that the claimant a...

WHEN MAY YOU APPOINT A REPRESENTATIVE IN A DISABILITY CLAIM? Posted on 2013-10-19 11:56:22 I am disabled and have already filed a disability claim with Social Security.  I now believe I am in over my head.  Is it too late to appoint a representative to help me? ANSWER:   You may appoint a representative at any point in the Social Security disability process.  Look for a professional representative with experience in handling Social Security claims.  The representative will take care of filing all the necessary forms and notifying Social Security of his or her appointment. Remember that 70 percent of SSDI claims filed in Alabama will be denied the first time and will require an appeal to win benefits.  At the appeal stage, the representative can be especially helpful to you.  You will not pay any fee unless you win your claim and get back pay or retroactive pay. THE FORSYTHE FIRM SOCIAL SECURITY DISABILITY SPECIALISTS PHONE:...

For some reason the telephone numbers for Alabama Social Security offices can be hard to find.  For the benefit of our readers, the Forsythe Firm has listed some of the most requested Social Security offices in North Alabama - and their telephone numbers.  Most offices are open 9 AM to 3 PM, except Wednesdays - open each Wednesday from 9 AM to noon. Albertville Social Security office - 800-521-0073 Athens Social Security office - call the Decatur, AL office at 888-289-9185 (There is no office in Athens). Cullman Social Security office - 877-803-6362 Florence Social Security office - 855-884-3407 Huntsville Social Security office - 866-593-0665   Decatur Social Security office - 888-289-9185   Scottsboro Social Security office (Call the Huntsville office) ________________________ If you need an advocate to help prepare a Social Security claim, or to appeal an unfavorable decision, contact us at the Forsythe Firm. (We are not affiliated with the US So...

I recently represented a Social Security disability claimant in Cullman.  I am convinced she suffered from severe depression and probably other serious mental health issues.  She also had unrelenting back pain with difficulty standing for any prolonged period.  She was approaching advanced age and had a limited education.  She belonged on disability according to the law. She had one problem.  With no health insurance and no money to pay doctor's bills, she had not been to a doctor in several years.   In spite of what the media experts say, Social Security does not dole out disability benefits to individuals who don't have strong medical evidence of impairments.  They don't take a person's word for it. It's more difficult to get on SSDI today than at any point in history.  How, then, can a claim like this one be approached? Simply put, the claimant must get medical evidence that she has a severe impairment that prevents her from working....

As we have discussed so often, Social Security disability decisions are often unfavorable.  When this happens, the claimant has 60 days to file an appeal and ask for a new decision. Failure to file an appeal within the 60 day limit can have serious effects, costing time and money.  Here's an example: Joe is denied for Social Security benefits on October 1.  He fails to file an appeal within 60 days.  Now, he must file a new claim and wait to be denied again. He will lose his original protected filing date.  If it takes 5 months to get the denial, he has probably lost at least 5 months of potential back payments.  In some cases, he could also become ineligible for any benefits because he has past his "date last insured." (Date last insured is the day on which your Social Security disability insurance expires). It is tremendously important to note that failing to appeal a denial of Social Security disability benefits within 60 days usually has costly pe...

If Social Security finds that a claimant can perform any "past relevant work," then he is not eligible for Social Security disability benefits. The term "past relevant work" may not be what it seems, however.  In order to qualify as past relevant work (prw) - the following 3 things must be true: The work was performed during the past 15 years. The work was performed at the level of substantial gainful activity (simply defined as full-time work). The work was performed long enough for the claimant to learn how to do the work. If any one of the above requirements are not met, then the work fails the definition of "past relevant work." For example, I once had a claimant who had worked for 3 years as an electrician's helper.  The vocational expert classified this as semi-skilled past relevant work.  Therefore, if the claimant could still perform the work of an electrician's helper, he would not be disabled. The problem is that the claimant...

Why it Matters When You File People often ask whether it matters when you file for disability.   The answer is yes.  When you file for Social Security disability, SSA will ask if your medical condition has lasted or can be expected to last for 12 months or more.   If the answer is no, your application will be denied.  Social Security provides no benefits for short term disability that lasts less than one year.   Does that mean that you must wait 12 months from the date you become disabled to file your claim?  Absolutely not.  If you expect your condition will last at least 12 months into the future, go ahead and file for benefits.  It is in your best interest not to wait too long, for a number of reasons.  Let's look at an example.  A worker named Joe has an injury and becomes unable to work on January 1, 2013.  Social Security has a 5 month waiting period, so the earliest he could possibly qualify for ...

Besides complete medical records, what is the best tool to help win a Social Security disability claim? Here at the Forsythe Firm, we like to use a Medical Source Statement or Residual Capacity Form completed by the treating physician.  These are forms which explain how the claimant's illness, injury or conditions will affect his or her ability to work.  The form will give the doctor's opinion on such things as:  how much can the person lift?  How long can the individual stand and sit?  Can the claimant climb stairs or ramps? The challenge is to convince your doctor to complete this form for you.  Doctors often refuse to complete the form.  It takes some of the doctor's time.  Some doctors will tell you they are "not qualified," to complete the form; however, any treating doctor may do so.  Some doctors take the attitude, "They have my medical records and that is enough."  Of course, if that were true we wouldn't be asking for the fo...