HUNTSVILLE DISABILITY GUIDE

You have filed an application for Social Security disability benefits.  You've been told it will be 90 to 120 days before a decision is reached.  Let's go inside Social Security for a closer, partial look at what is happening with your application. After the local Social Security field office has gathered all the forms and papers associated with your initial claim, the file will be sent to the Disability Determination Service (DDS) in Birmingham.  The DDS is a state agency that will investigate your claim and decide whether you meet the rules to get disability payments.  Your application will probably spend 3 to 4 months at DDS being processed. DDS will assign a case worker, called a "disability specialist" to herd your application through the process. This person will probably call you early on to introduce himself/herself and briefly explain the process to you. DDS will now order medical records from each doctor, hospital or other provider that you listed in y

A little under 30 percent of applications for Social Security disability benefits are approved at the first level.  The others must file an appeal. If you have a terminal illness, are in a nursing home or on life support, there's a good chance of being approved by filing an application.  If not, you could be approved an yway--but there is an excellent chance that you will be denied.  You may get a letter stating that you are "not disabled according to our rules."  You now enter the appeal phase of your claim. The following refers to the appeal process in the state of Alabama.  Other states may use a different process. Note that these steps must be followed in order.  You can't skip a step along the way. REQUEST FOR HEARING BY ADMINISTRATIVE LAW JUDGE This is a request to appear before a special judge who hears disputes between claimants and the US Government, in this case, the Social Security Administration. It currently averages about 16 months of waiting to

Medicare changes every year.  Here are some changes for 2017 that will impact all Medicare users. Part A (hospital) deductible will increase to $1,316 for each admission period.   Part B (outpatient) annual deductible will increase to $183.   Per Day Hospital Cost Sharing for days 61-90 is $329   Per Day Hospital Cost Sharing days 91 & after is $658 Cost sharing for nursing home days 21 to 100* is $164.50 per day. If you have a supplemental policy, most or all of these deductibles may be covered by the policy. When you are approved for Social Security disability under Title II (the regular SSDI disability program), you will become eligible for Medicare insurance after receiving disability payments for 24 months.  Note:  Back pay will reduce the 24 month wait because Medicare eligibility begins on the date you first became eligible for a disability payment.  __________ * Some Medicare supplement policies cover the daily cost sharing for days 21-100 in a skilled

The Forsythe Firm in Huntsville specializes in Social Security disability.  Here are some common questions and answers about SSDI. 1.  Who decides whether I can receive SSDI (disability) benefits? The Social Security Administration decides eligibility.  There is a lengthy application process.  It takes 90 to 120 days to get a decision. 2.  What are the basic requirements for SSDI? A medically severe impairment lasting at least 12 consecutive months which imposes a serious limitation on the ability to perform full-time work.  Also, the claimant must have enough recent work credits to be insured by Social Security.  Usually, a person needs 2 0 quarters of coverage during the past 10 year period. 3.  How long does it take to get a decision on my application? 90 to 120 days.  Nothing Social Security does is fast. 4.  On average, what are the odds of approval of my application? Slightly under 30 percent of applications are approved without an appeal.  Don't be surprised

The Forsythe Firm is one of North Alabama's most sought after claimant's advocates in dealing with Social Security claims.  With thousands of successful cases under its belt and one of the highest success rates in the profession, it's no wonder disabled individuals turn to the Forsythe Firm for help in getting their Social Security disability benefits started. Here is what you may not know about government disability: 1.  You must prove disability by medical standards.  It must be proved according to Social Security's complex and confusing rules. 2.  There are certain things your doctor(s) must provide before you can be approved. 3.  Certain technical factors must be in place:  how long and how recently you worked; the exact date when you first became unable to work; the affect of unemployment benefits or worker's compensation, for example. 4.  You must prove (medically) that you impairment is severe, prevents the ability to perform all work on a full-time

Social Security is required to consider psychological or mental impairments when evaluating applications for disability benefits.   However, the decision maker at Social Security will probably NOT be a psychologist or mental health professional and may not understand the complex nature of a psychological based illness--such as depression, anxiety, panic disorder, PTSD, etc. In fact, decisions are often made by "single decision makers" (SDM) who have absolutely no training in mental health matters.  Social Security has ruled that opinions offered by SDMs are not medical opinions and must not be treated as such.  This makes for fertile ground in the appeals process. A skilled advocate or attorney may be able to challenge the conclusions of single decision makers, or even doctors who have never examined the claimant.  This may lead to a reversal of a denied claim, clearing the way for payment of benefits. We can go a step further.  Social Security will sometimes sen d t

 At our firm, you will meet your disability advocate on your very first consult at our office.  He will listen to your situation and decide the best course of action.  Then, he will assist you personally in completing forms, gathering medical evidence and getting supporting statements from your doctors concerning your functional limitations.  He will most likely work on your case for months before Social Security finally gives you a decision. You will NOT meet your advocate just two or three days before your hearing date.  By the hearing date, you will be on a first name basis with your advocate and he will have a close personal knowledge of you and your case. However, you will meet with your advocate to prepare for the hearing. The hearing process will be explained.  You will be told what to expect.  You will be given instructions concerning the testimony you will need to provide, the types of questions you may be asked and potential problems that could arise during the hearing.

It's extremely likely that your Social Security disability application will be denied.  It's just as likely that the denial will be overturned by the appeals process. Social Security disability claims are a process that goes back and forth--from the original decision makers to the appeals judges.  The judges have the final say. In my experience, denials get overturned and paid most often because of the following facts : 1.  The decision to deny the claim was made by a single decision maker (SDM) at Social Security and a doctor may never have looked at the medical evidence , OR 2.  The doctor who looked at the medical evidence had never examined the claimant; therefore, his opinion is entitled to very little weight. 3.  New medical evidence was submitted after the denial which demonstrates the inability to perform full-time work related a ctivity.   This would happen at the appeal hearing. 4.  The judge finds that Social Security failed to recognize how the clai