HUNTSVILLE DISABILITY GUIDE

Here is what the law requires Social Security to do in order to determine if you meet the definition of "disability" and qualify for benefits. 1)  Determine whether you are present working at "substantial gainful activty."  In 2014, this means earning at least $1,070 per month, gross. 2)  Find that you have one or more severe medically determinable impairments (other than drug or alcohol abuse).  A doctor's medical record is essential at this step. 3)   Find out whether your impairment is severe enough to meet a Listing.  If not, Social Security must determine your "residual functional capacity," which means the most you can do with regard to work related activity. 4)  Determine whether you can perform any of your past relevant work--which is usually the work you have performed at substantial gainful activity level during the past 15 years ( and did the work long enough to learn how to do it). 5)  If you cannot return to any past relevant wor

Wounded Warriors who are unable to perform their work but are still on active military duty may qualify for Social Security disability benefits.  Social Security's policy is that receiving active duty military pay does not, in and of itself, prohibit a finding of disability.  It is the ability to perform work related activities that determines whether a in uniform is disabled. The Forsythe Firm helps many Huntsville/Redstone veterans to apply for and receive Social Security disability benefits.  Our service is free unless you are approved and receive back pay as a result of our efforts.  Consultations are always without cost or obligation. We are located at 7027 Old Madison Pike NW, Suite 108 in Huntsville.  That's in Research Park directly in front of Bridge Street Town Centre, and only a half mile from the Redstone Arsenal gate.  We would be honored to serve you.  Call me at (256) 799-0297.  

Standing with Vets..... The Wounded Warrior program offers disabled veterans the possibility of getting Social Security disability benefits, even though they are still on active duty and receiving military pay.  Here is Social Security's official position on the matter:   "Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits. Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program or on limited duty, we will evaluate your work activity to determine your eligibility for benefits. You cannot receive Social Security disability benefits if you engage in substantial work for pay or profit. However, the actual work activity is the controlling factor and not the amount of pay you receive or your military duty status." Some

The BAMA FIRM Social Security Disability in Bama: ALABAMA VETERANS CAN GET SOCIAL SECURITY DISABILITY     CALL (256) 799-0297 for Free Information - No obligation.  In addition to VA benefits, Alabama veterans may qualify for disability benefits from Social Security.  These benefits are in addition to VA pension, VA disability, etc.  But you must file a separate application and prove that you meet Social Security's guidelines for disability. The Forsythe Firm assists veterans in applying for Social Security benefits.  We also appeal recent unfavorable decisions by Social Security, many of which are made in error and can be won by attending a hearing before an administrative law judge. We never charge a fee for our service until you (a) win your claim and (b) receive retroactive or past due benefits.  In that case, Social Security will withhold and pay our fee directly. Free consultations, free parking and courteous, friendly attention to your individual situation.  Conta

www.VeteransDisabilityHuntsville.com      (The Forsythe Firm) 256-799-0297. Veterans - Let the Forsythe Firm in Huntsville assist you in collecting expedited Social Security disability for military related or non-military related impairments.   Veterans are also covered by the Social Security Act, which provides monthly cash disability benefits for the disabled.  You paid into Social Security during your years of military service--and afterward if you worked after discharge. Now, if you have an impairment that prevents you from working in the Civilian world, you may qualify for additional benefits from Social Security.  These would be in addition to any benefits you receive from the VA.  (You may receive both Social Security and Veterans benefits at the same time, with no offset or reduction). The Forsythe Firm can file an expedited claim for you--and often get a decision within one month.  If an appeal is necessary, we will handle all the paperwork, build a strong medica

Here are questions we often receive about Social Security disability for mental disorders: May I receive Social Security benefits for a mental condition?  Yes.  If the condition is severe enough to prevent full-time, consistent work, you may be approved for benefits.  You will need the same basic type of proof that would be required for a physical illness. Do I have to be in a hospital or institution to get disability benefits?    No. The requirement is that you are unable to perform consistent, full-time work because of your impairment.  You need not be hospitalized. Does getting disability benefits for a mental condition imply that I am "crazy" or "incompetent"? No, not at all.  The old stigmas about mental disease have pretty much been eliminated by medical science.  We now see these conditions as an illness.  However, they can be just as disabling as a physical illness. Will I be degraded, put down, or made to feel ashamed during the disability proces

There has been a lot of news lately about problems in the Veterans Administration (VA) and how it is not adequately serving the needs of veterans, especially in the area of medical treatment. What many veterans do not know is that they don't have to depend solely on the VA for financial help.  Disabled veterans are also eligible to apply for Social Security disability benefits, which can pay up to $2,600 per month in cash benefits. Getting Social Security disability benefits will not reduce benefits from the VA.  Veterans who qualify can receive full VA benefits plus Social Security disability benefits. This is because veterans paid into the Social Security disability program during their years of active military service, and afterward.  They are covered by Social Security just as any other individual who paid into the program. In fact, starting in March 2014, Social Security provides an expedited decision making process for veterans with 100% permanent VA disability.  In m

Social Security does not provide for short term disability benefits.  There are two important regulations which prevent collecting disability benefits for short term impairments. First, there is the duration requirement.  This regulation requires that an impairment must last or be reasonably expected to last for a continuous period of 12 months or to end in death. CFR 404.1505 and CFR 404.1509.  Further:   Severe impairments lasting less than 12 months cannot be combined with successive, unrelated impairments to meet the duration requirement. For example, if an individual had two unrelated incapacitating impairments, one lasting for only 9 months and the other developing 6 months after onset of the first and lasting for only 7 months, the duration requirement is not met since neither impairment lasted at least 12 months even though the individual's inability to work lasted for a total of more than 12 months. Where only the second impairment is of requisite severity and

An individual is eligible to receive Social Security disability benefits when the person is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."  42 U.S.C.A.  Section 423(d)(1)(A). The claimant must "...not be able to do his previous work, and cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him or whether he would be hired if he applied for work."  42 U.S.C.A.  Section 423(d)(2)(A). If your Social Security disability claim is denied and you appear before a US Administrative Law Judge (ALJ), the regulations stipulate

Attention Huntsville and North Alabama veterans:  Did you know that you may qualify for both VA disability and Social Security disability benefits?  Many vets miss out on Social Security because they don't know to apply. It is true that eligible disabled veterans can collect Social Security disability in addition to VA disability.  This is because veterans paid into the Social Security program during their years of service. If you are a veteran and have a disability (service connected or not), you may qualify for Social Security disability. Here is a quick checklist of facts, provided by the Forsythe Firm, one of Huntsville's premier representatives for veterans with disabilities. Getting Social Security disability will not reduce your VA disability benefit, or vice-versa. Medical requirements are different for Social Security disability.  Getting VA disability does not guarantee Social Security disability. The Social Security application process is quite different f

The mandatory process to appeal an unfavorable decision by a hearing judge is to file an appeal with the Appeals Council.  This is a group of judges in Falls Church, VA. (and some are located in Washington, DC, also).   The time frame for getting a review by the Appeals Council is 12 to 18 months.  Neither the claimant or representative appears at this stage of appeal. Here are the typical results of the Appeals Council actions based on national averages: 74 percent of cases are either denied or dismissed, so the hearing judge's decision remains in place. 24% of cases are remanded ( sent back to the hearing judge for another hearing or additional development). 2 percent are awarded directly by the Appeals Council. If the Appeals Council does not award or remand your case, the next and final appeal is to file a suit against the Commissioner of Social Security in a US District Court.  You cannot skip the Appeals Council and go directly to federal court, however.  The

3 types of decisions are possible following a Social Security disability hearing before an adminstrative law judge (ALJ).   Fully favorable - means the judge agrees with all parts of your claim, including the alleged onset date.  Social Security agrees to pay benefits as far back as the law permits. Partially favorable - means the judge agrees that you are disabled but disagrees with the alleged onset date.  This will reduce or eliminate your back payment, depending on the "established onset date" the judge has chosen.  You will be paid from the new "established onset date."  Keep in mind, there is a 5 months waiting period on all decisions - even fully favorable ones.  5 full months of payments will be subtracted from the established onset date established by the judge.  For example, if your established onset date is March 13, 2014, your "waiting period" will be April - August, 2014.  Your first month eligible for payment would be Septe

Representatives have long warned our clients to be careful about what they post on Facebook and other social media sites.  I advise my disability clients to stay off the social media sites altogether. On April 9, 2014 the House Oversight and Government Reform Subcommittee on Energy Policy, Health Care, and Entitlements held a hearing to examine the disability determination and adjudication process.  Chairman Jim Lankford (R-OK) and ranking member Jackie Spoeier (D-CA) told the committee that they had sent a list of recommendations to Carolyn Colvin, Acting Commissioner of the Social Security Administration.  One of the recommendations sent to Acting Commissioner Colvin was: "The Social Security Administration should review each applicant's social media accounts before awarding benefits..." To what purpose?  Obviously, Social Security wants to know what their claimants have been up to.  What type of activities are they engaged in?  What trips have they t

Most US veterans are covered by Social Security disability as well as VA disability benefits. The Social Security administration is providing an expedited fast-track process for disabled veterans.  To qualify for this process, the veteran must Have a 100 percent permanent disability rating from VA and Notify Social Security of this rating when making application and provide a copy of the VA determination letter. I have handled a number of disabled veterans Social Security claims and find that this process does work.  In some cases, I have been able to get a decision within 25 days. I do need to point out here that having a 100 percent permanent VA disability rating does not guarantee a favorable decision by Social Security.  It does provide for faster processing . ________________ If you are a veteran or non-veteran and are considering a claim for Social Security disability, please contact the Forsythe Firm in Huntsville at (256) 799-0927.  No fee for our service unless you

I have represented claimants at Social Security disability hearings hundreds of times in Alabama, Tennessee, Mississippi and Georgia.  In nearly every one of those hearings, there are simple facts that must be demonstrated to win an award for disability. In a physical case, such as back trouble, arthritis, diabetes other physical issues, we have to demonstrate the claimant's physical limitations:  How long can he sit, stand, walk?  How much can he lift?  Are there limitations on the ability to bend, stoop, crouch, crawl, kneel, climb stairs--or ladders, ramps or scaffolds?   In a mental or psychological case, we need to show the claimant's limitations with such work related activities as:  remembering, understanding and carrying out simple instructions; responding appropriately to supervision and interaction with co-workers; or adjusting to changes in work routines and environment.   Also, does the claimant have the ability to concentrate and make appropriate work related d

In my Social Security disability practice, one of the disturbing trends I am seeing is refusal of doctors to "get involved" to furnish opinion medical evidence for claims. Most doctors will provide routine medical records but many won't do anything further, such as completing a form.  Unfortunately, medical records alone often do not support a disability award--even when the claimant is really disabled. Many Social Security disability claimants have very limited access to medical treatment.  Some have to go to community free clinics.  These individuals often have more limited medical resources than most. The reason that routine doctor's records are insufficient in disability claims lies in the nature of the claim itself.  Social Security requires that you prove an inability to perform work activities--such as lifting, bending, stooping, crouching, or even sitting, standing or walking.  Doctor's records do not usually delve into those areas of function at all

A Social Security disability hearing is a lot like a big test you took in school. The test may only last 1 hour.  However, you put many hours into preparing for it.  You don't just walk into the classroom and take the test, not if you want to pass. Social Security disability hearings, in my view, are won in preparation as much as in the hearing itself. Preparation includes finding and obtaining all the medical records from doctors, clinics, hospitals, emergency rooms, psychologists, school counselors, insurance companies, or employers--anyone that may have records about the claimant's condition.  There may be hundreds of pages of these records that the representative must read tediously, extracting important facts from each one.  That can take weeks or months to do it right. Employment or work history needs to be evaluated carefully to determine whether the claimant has performed skilled, semi-skilled or unskilled work--or a combination of those.  Are there skills that mi

There are 5 "steps" used in determining a Social Security disability case.  Here are the 5 steps, then we want to discuss Step 5: Is the claimant now working at SGA level? Does the claimant have a medically determinable severe impairment? Does the claimant meet a specified Listing?  If not, what is his residual functional capacity or RFC?  (What is the most he can do, even with his impairments)? Can the claimant perform any of his past relevant work? Is there any other work that exists in substantial numbers in the local, regional or national economy that the claimant can perform? Most cases that are lost are lost at Step 5, especially at the hearing level.  Social Security will call a "vocational expert," usually a Vocational Rehabilitation Counselor, to give testimony concerning "other work" that the claimant may still be able to perform.  If it is Social Security's determination that the claimant can still perform "other work," th

Many people do not realize that the Social Security disability application - along with related forms - lays a foundation for disability benefits.  A careless or hastily completed application lays a poor foundation and may cause a claim to be denied. I will talk about just two of the forms that are associated with a disability application.  One is the Function Report, the other is the Work History Report. The Function Report is a 7-page form that provides details about your daily lifestyle and activities.  It will ask you about activities of daily living, such as cooking, cleaning, bathing, dressing, hobbies, travel, driving, etc.  Attention should be paid to the answers you provide concerning all these activities.  The Function Report may be used, at least in part, to determine your "residual functional capacity" (RFC).  The RFC is the maximum level of activity you can perform, even with all your physical and/or mental limitations.  The more restrictions you have, the mo

Editor's Note:  For more detailed information on Social Security based on mental impairments, please go to the link below:   http://forsythefirm.blogspot.com     Mental conditions become 'disabling' when they are so severe that they prevent your ability to perform work related activities on a full-time basis.  Full time is defined as 8 hours per day, 5 days per week, or an equivalent schedule. Mental impairments include, for example, anxiety, depressive or affective disorders, organic damage to the brain or nervous system, developmental delay, etc.  These are general categories.* Social Security disability awards are based on severe restrictions of function .  These may include, for example, severe restrictions in the ability to:  Concentrate or focus   Persist or stay on task. Finish tasks or complete them in a timely manner Understand and remember simple instructions Adapt to change in work routines Make judgments commensurate with skilled/unskilled work. R

Veterans may now qualify for Social Security disability benefits in less than 25 days.  In fact, some veterans get approved in just one week. The Forsythe Firm participates in a "fast track" program for veterans.  If you have a 100 percent VA disability rating, you may qualify for Social Security disability benefits almost instantly.  We offer electronic filing for the fastest submission of your application.  There is no consultation or application fees and you never a cent unless you are approved for retroactive or past due Social Security benefits. For more information, please contact us at: THE FORSYTHE FIRM Social Security Disability Specialists 7027 Old Madison Pike NW Suite 108  Huntsville, AL 35806 PHONE:  (256) 799-0297

Sadly, more and more doctors refuse to help claimants with their Social Security disability claim.  The reason is usually that doctors fear getting involved in the process, probably because they misunderstand the process or they fear the misconstrued time commitment involved. Actually, the process is simple and not time consuming.  Your doctor completes a brief form (mostly consisting of check marks) - you get your benefits with income and Medicare to pay past and future medical bills.  It's a win-win for the claimant and the doctor. Many doctors mistakenly feel that when they complete the form they are "signing up" their patient for disability benefits and they are reluctant to make the commitment. Doctors are actually providing only one piece of medical evidence that will be considered. Social Security can accept or reject the doctor's opinion at their discretion, along with all other medical evidence they receive.  Doctors cannot "sign up" patie

I'm not sure why you can't find phone numbers for the local Social Security field offices, as they are called.  Most of them have switched to toll free numbers, so the numbers listed in the telephone book may not work. Here are some of the most requested Social Security office numbers - updated and working at last report: Athens, AL Social Security Contact Decatur, AL office at (888) 289-9185 Decatur, AL Social Security Call (888) 289-9185 Huntsville Social Security] Call (866) 593-0665 Florence, AL Social Security Call (855) 884-3407 National Customer Service Line Call 800-772-1213 Notes: Office hours are 9 AM to 3 PM, except Wednesdays.  Offices close each Wednesday at 12:00 noon.  (Budget cuts are to blame). You will get a recording on all lines.  Follow prompts, then dial "O" to talk to a person.  Hold times are longer on Mondays and early in the morning. Need help with a Social Security disability claim?  We give free consultations at the

Step 5 is the final step in a Social Security disability determination process.  Step 5 must ask and answer this question:  Can this individual perform any other work that exists in the local, regional or national economy? Step 4 has just asked, "Can this individual perform any of his/her past relevant work?"  If the answer is No, then the decision maker goes on to Step 5 (above). I would say that a majority of claims lost, especially at the appeal level, are lost at Step 5.  The judge will find that while the claimant cannot perform any of his/her past relevant work, there do exist other jobs which the claimant can perform.  Therefore, under Social Security regulations, the claimant is not disabled and is not entitled to get benefits. Here's an example of how a Step 5 denial works. The claimant is a 49 year-old man whose past relevant work has been heavy labor and driving a tractor-trailer truck over the road.  He has two bulging discs and elevated blood pressur

At Step 4 in the Social Security disability determination process, the case adjudicator must consider the claimant's past relevant work.  This is usually defined as all substantial work performed within the past 15 years.  Not all work, however, is past relevant work--even if it was done during the 15 year period.  Here are some examples: Work that was not performed at substantial gainful activity (SGA) level is excluded.  This might include part-time work that did not rise to the "substantial" level test. Work that not performed long enough to learn the job.  For example, if you took a job as an electrician's helper but stopped after a brief period of time without learning the skills of the job, the work is not past relevant work. Work that was subsidized cannot be counted.  Here's an illustration.  Beth has a good friend who works for a social welfare agency.  Beth is referred to a program that trains and assists the unemployed.  This agency finds a job for