HUNTSVILLE DISABILITY GUIDE

No. 1 in a series of articles about Social Security disability hearings. PREPARING FOR A SOCIAL SECURITY DISABILITY HEARING Arrive Early. Unless your representative asks you to be at the hearing office at a specific time, arrive at least 30 minutes early.  The judge will expect you to be ready on time and will not delay the hearing if you are late.  There may be some preliminaries to deal with, so arriving half an hour early is advisable. What to Wear Dress neat and comfortably.  Do not wear a suit or dress like it's Easter Sunday.  Within reason, wear what is comfortable and appropriate to the season.  Note that hats or caps are now allowed to be worn inside the hearing room. Turn off Your Cell Phone You may bring a cell phone but be sure it turned off (not just to mute) before you go into the hearing.   Don't Talk About Your Disability Don't discuss your disability, your claim or the hearing with persons in the waiting room.  Social Security e

No. 2 in a series about Social Security disability hearings. THE DISABILITY HEARING ROOM The hearing room is usually just a small conference room.  Some recent renovations have tried to make hearing rooms look a little more like courtrooms but generally they do not. There will be a conference table with 2 or 3 computers on it.  The claimant does not have a computer but the attorney/representative, the reporter and the vocational witness will have one.  The judge will have a desk on a small riser that is slightly above the table where you will sit.  Your representative will sit beside you. You will speak into a microphone to make a voice recording of everything you say.  Each other participant will also be recorded for the record.  It is important to speak clearly and loud enough for your voice to be picked up by the recording equipment.  Nodding or shaking your head, of course, is not recorded, so be sure to give spoken answers.   "Yes" and "No"

No. 3 of a series about Social Security disability hearings. Who Participates in a Disability Hearing? There are generally 5 individuals present at a Social Security disability hearing:  the claimant, the claimant's representative, an administrative law judge, a vocational witness and a court reporter.  Let's briefly discuss each person's role in the hearing. The Administrative Law Judge (ALJ) The person who presides over a hearing is a US administrative law judge (ALJ).  While the hearing is informal (you are not required to stand when the judge enters the room; the judge may or may not wear a robe) - you should give the judge the same respect you would give a court judge.  You may address the judge with either "Your Honor" or "Yes Sir" or "Yes, M'am."  The judge is a fact finder and expediter.  The judge will listen to testimony, review all the evidence and give a new independent decision about whether you are entitled

No. 4 in a series about Social Security disability hearings. What Is the Order of Events in a Hearing? Judges will usually start by introducing themselves and each other person in the hearing room.  Then, they will give a brief recitation of why the hearing is taking place and explain the hearing procedure.  Then, the judge will administer the oath to the claimant and vocational witness, usually at the same time. The judge may question you first.  Then, the judge will permit your representative to question you.  The purpose of the representative's questions is to emphasize the favorable facts of the case and to bring out the nature and severity of your symptoms and why you would have difficulty performing work activities.  I recommend that you assume the judge doesn't know much about your case, so you will explain everything.  In giving testimony (answer questions by the judge or by your representative), keep the following points in mind: Tell the complete

If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are age 50 or over.   Here's why :   Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity).

The media lies constantly about the Social Security disability program.  I expect the media to lie; however, it is making it difficult for disabled Americans go get benefits.  Here are some of the worst lies the media is telling us.     Social Security benefits are responsible for the growing national deficit. The truth:  Social Security benefits are not included in the national budget.  Social Security is a self-financing program.  Benefits are not allocated by Congress and not included in the national budget.  Social Security benefits are funded by FICA taxes paid by workers, deducted from their pay checks and matched by their employers.  These premiums go into a special fund and benefits are paid out of the fund.  There is one fund for disability benefits and a separate fund for retirement benefits.  There is no provision for the government to pay benefits if these funds become unable to do so. People are using Social Security disability benefits to replace unemplo

The Forsythe Firm in Huntsville, AL is offering free, no obligation evaluations of Social Security disability claims.  We will evaluate your claim before you file, recommend the best approach and tell you the strengths and weaknesses of your claim.  Every claim is different. Factors that must be considered in any claims analysis include: Your age Your education Your past work history and experience Your medical conditions - both physical and mental How much medical treatment you have received and are now receiving?  Do you meet a Listed Impairment (not required)?  Can you qualify for a Compassionate Allowance and faster approval?  Are you a disabled veteran? How does a free case evaluation work?  First, we will speak with you on the telephone and take some basic information.  Next, we will probably set up a free office consultation at our Huntsville Office (near Bridge Street).  We will review your medical and job information and help you make a decision whether y

Many people who apply for Social Security disability are in desperate financial straights.  A majority do not have any other source of income.  And it is well known that a decision can take anywhere from about 4 months (if you are lucky) to twenty-four months, or even longer if you have to appeal.   So, the question arises:  Is there any way to hurry up a decision? In most cases there is not.  A few extremely special circumstances may qualify for a faster processing time.  These include: You qualify for a Compassionate Allowance.  There are now over 200 catastrophic, incurable diseases that qualify for a compassionate allowance.  Check the list at https://www.ssa.gov/compassionateallowances  You have an end-stage condition which is expected to end in death . You qualify for a dire need.  The rules for dire need are very strict.  An example would be that you have been evicted, are homeless and have no way to provide shelter for you or your family. You are a disabled veteran a

Did you ever wonder what your chances are of being approved for disability benefits in Alabama?   At the initial level, the Disability Determination Service approves 29.7 percent of all claims in the state.   Upon appeal, administrative law judges approve an average of 42 percent of claims that come before them. This tells you a number of things: You are not very likely to get approved with the initial application (after about months). It will probably be necessary to appeal at least once. If you are denied, it will take from 18 to 24 months to have your appeal settled. You are likely going to need some professional help.   If you read about the Social Security disability process on the internet, you will come across something called "Reconsideration."  This process is not used in Alabama.  Reconsideration is basically having the Disability Determination Service go back and review your denial to be sure no mistakes were made.  In states that use Reconsideration,

At the request of Senator Jeff Sessions (R-AL), the Congressional Budget Office issued a report on July 16 (2012)  titled "Policy Options for the Social Security Disability Program." One section concerns approaches to "fundamental changes" in the Social Security Disability Insurance Program (SSDI).  The CBO report takes note of the tremendous growth of the disability program since 1970. What is troubling to me is that politicians are looking at "fundamental changes" in SSDI in light of projected budgetary shortfalls and a recent barrage of media reports concerning the Social Security disability program, some of which contained false, misleading or inaccurate information. 3 of the specific options presented in the CBO report are especially troubling: Change the benefit formula Change the eligibility rules Change the waiting period from 5 months to 12 months In my view, implementation of either one of those 3 options could seriously gu

The federal regulations reserve Social Security disability benefits to individuals who an prove disability with objective medical evidence.  Generally, you must be able to provide medical records from doctors, psychologists, clinics, hospitals or other acceptable medical professionals that show....... the existence of impairments the severity of impairments the duration of impairments (how long symptoms have lasted) There are two types of medical evidence.  Objective medical evidence may include imaging studies, laboratory reports, EKG, and comprehensive examinations by a qualified doctor.  Subjective medical evidence refers to opinions of professionals who have viewed the objective evidence and given a professional opinion concerning your symptoms, diseases or injuries. It isn't enough for a claimant to allege back pain, for instance.  It isn't enough for a doctor to make a note in her chart that the patient has complained of back pain.  Most helpful would

If you are a disabled veteran with a 70 percent or higher VA disability rating, there is an excellent chance you may also qualify for Social Security disability benefits.  The Social Security process is totally separate from the VA process, however a high VA disability rating only helps your Social Security claim. Because of the similarity between a VA finding of unemployability and what it means to be disabled under the Social Security disability program, it is the rule in many federal circuit courts that VA disability ratings are entitled to “great weight.” (See McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002); Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Brady v. Heckler, 724 F.2d 914, 921 (11th Cir. 1984); and De Loatche v. Heckler, 715 F.2d 148, 150 n.1 (4th Cir. 1983).) And one circuit court said that VA disability ratings were entitled to “substantial weight.” (Kane v. Heckler, 776 F.2d 1130, 1135 (3d Cir. 1985).) In addition, Social Security Ruling 06

Under the current regulations, Social Security cannot pay for a disability which fails to meet the "duration" requirement, which is 12 consecutive months of disability--or to end in death. Therefore, a disabling condition that is expected to last less than 12 months or to end in death pays no benefit.  This applies to SSI as well as Title 2 claims. The 12 month duration requirement should not be confused with the 5-month waiting period, however.  They are very different things and impact disability claims differently.  I am not going into details here for fear it will only confuse the subject.  Suffice it to say that if anyone needs help or an explanation of this they may call me.   Do you have to wait until you have been disabled for 12 months to file a claim?  No.  You should not.  As soon as you believe you have a disabling condition that is expected to last at least 12 months, go ahead and file the claim.  The key is that the impairment is reasonably expected to las

Veterans who served in any branch of the armed forces, and who became disabled while on active duty after September 2001 (whether the disability is service connected or not) may be able to get full Social Security disability benefits under the Wounded Warrior program. In addition, veterans with a permanent, total (100%) VA disability rating may get expedited claims processing. The Forsythe Firm in Huntsville has an excellent track record helping veterans apply for, develop and win Social Security disability claims.  There is never a fee for any service or representation we provide until your claim is approved and back pay is awarded.  Located near Redstone Arsenal at 7027 Old Madison Pike, Suite 108 in Huntsville. (256) 799-0297. www.VeteransDisabilityHuntsville.com ---------------------- The Forsythe Firm is a private professional firm NOT affiliated with the US Social Security Administration or the US Government.  We work for veterans, not the government.  

In Social Security disability cases, decision makers will often deny a claim on the supposition that the claimant can still perform unskilled, sedentary work.  Examples of such unskilled sedentary work might be a surveillance system monitor, or a document preparer. All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting. The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskilled work and will, therefore, justify a finding of disability. Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis."  A sustaine