HUNTSVILLE DISABILITY GUIDE

A 45 year-old man calls me.  He has always been healthy, a hard worker, providing for his family.  He pays his mortgage and takes care of his family.  But now he ha s suddenly become disabled.  There is quiet panic in his voice as he asks the dreaded questions:  What are the chances of getting Social Security benefits? (70% get denied at first ).   How long will it take?  (A minimum of 4 months, maybe 18 months, or longer). How will I survive that long with no income? (It's really too late for planning). Are there any other government programs that can help in the meantime?  (Probably not). Americans plan for almost everything but rarely plan for disability.  We insure against everything but often neglect to insure against disability.  We insure our health, our home, our car, our boat, our life....but not our income. T he result can be catastrophic when a medical condition or accident forces us to stop working. Ideally, our po...

Huntsville area residents applying for Social Security disability benefits should be aware of the agency's Compassionate Allowances program. This program identifies medical conditions that are so serious that they obviously meet disability standards, and allow approval of benefits with minimal objective medical evidence. There are over 200 conditions which may be approved under the Compassionate Allowance program.  You can see the entire list of medical conditions which qualify for a compassionate allowance at the following link:  https://www.ssa.gov/compassionateallowances/  

I realize that we live in an age of globalization.  Read the tag on the new shirt you just bought and guess what--it was made in Vietnam or China. American manufacturers are moving to Mexico or some other country every day. I think it should be different with legal help and in particular with Social Security disability representation.  You don't want someone in Vietnam or China trying to help you with a legal problem. I'm being a little ridiculous, of course.  But do you really want someone on the far away end of an 800 number trying to help you get Social Security disability ?   Think of all the complications that can naturally arise.   And what's the advantage? There are any number of well qualified, well experienced professionals right here in North Alabama who can help you with Social Security claims , appeals, hearings or other problems.   It will be con venient and nd it won't cost one cent more.   The Forsythe Firm maintains a comforta...

There are 2 kinds of facts:  The ones you can prove and the ones you can't. Social Security disability awards are based on facts that can be proven.  Documentation. Hard, irrefutable medical evidence.  X-rays, MRIs, CAT Scans, laboratory tests, psychiatric evaluations. Without proper documentation, a disability claim will blow away in the wind.  No matter how desperate, sincere or credible a claimant is--there must be good documentation in order to pay the claim. An experienced disability representative knows what it takes to get a claim approved.  The representative has argued thousands of cases with dozens of administrative law judges. The seasoned representative knows what the judges or decision makers need to approve the claim.  The job of a good representative is to give the decision maker the documentation required for a favorable decision, if possible. There are many disputes, arguments and contentions about Social Security these days.  ...

Have you ever heard the old saying, "He isn't worth his salt?" I'm told the old saying comes from the old Roman Empire when salt was a rather precious commodity.  Workers who worked paving the roads were often paid their wages in salt.  Thus, a good worker was one who was "worth his salt." I meet personally with every client who comes into my office for help with a Social Security disability claim.  One of the things I do is to sit down with each claimant and help them complete the various forms and questionnaires that go along with their disability applications.   One of these forms is the Function Report (Form SSA-3373-BK).  This is also called an ADL Questionnaire, for "Activities of Daily Living." The form is long, tedious and tiring--but very important.  Social Security awards disability benefits based on functional limitations.  They must know how your illness, injury or condition affects your activities of daily living--everything fr...

Social Security disability is awarded base on a claimant's limited ability to function.  It is not awarded based on diseases, but on functional limitations. The primary way Social Security evaluates your functional ability is by a detailed questionnaire that they refer to as "the ADL (Activities of Daily Living) questionnaire.  The official name of the document is the "Function Report." The Function Report is a n 8- page document with Sections A-D and it contains approximately 60 questions. I understand the temptation to ignore this form (just not bother with it) or to fly through it quickly because you feel it is a waste of time.  This is a crucial mistake.  You should spend a lot of time with this form.  In fact, this form should be your constant companion for a couple of days until it is completed lovingly, comprehensively, thoughtfully and very, very completely. The Function Report will ask you things like: Do you cook your own food? How long does ...

If Social Security has denied your disability claim, there is a reason.  Find out why and you have a good chance to get a reversal on appeal and get paid.  Here are common reasons Social Security cannot pay a claim: 1)  You fail to prove that you can't do other work.  You may be unable to perform your most recent work.  However, if you are under age 50, you must also prove that there is no other full-time work in the US economy that you would be able to perform--even work that is much easier than your past jobs. 2)  You fail to address vocational limitations based on your impairment.  Your doctor's records show that you have several medical conditions.  However, no one addresses the specific functional limitations caused by these medical conditions.  How do your medical conditions affect your ability to sit,stand, walk, stoop, crouch, lift/carry, follow directions or stay on task?  Without these considerations, Social Security cannot...

There are 2 types of medical evidence :  objective medical evidence and opinion medical evidence. Objective medical evidence consists of things like X-rays, laboratory tests, MRIs or CAT scans.  These are found in your doctor's records. Opinion evidence is quite different and is generally not found in doctor's records.  (You must go after it separately, sometimes at great effort). Opinion evidence is where your doctor renders an opinion on how your medical condition affects your ability to perform certain functions or activities.   For example, an MRI may show that you have 2 herniated discs in your lumbar spine.  This is objective evidence.  It is what it is.  The doctor may then give an opinion as to how the herniated discs affect your ability to lift, sit,stand or walk. That is opinion evidence.  If your doctor states:  "The patient would be limited to lifting no more than 10 pounds occasionally, sitting no longer th...