HUNTSVILLE DISABILITY GUIDE

Mental disorders can be disabling just the same as physical disorders for purposes of Social Security disability.  The Forsythe Firm handles dozens of claims each year based on mental or emotional disorders - and we win a majority of the ones that we represent. The evidence in a disability case based on mental disorders can be a bit more subjective; however, Social Security requires a "severe impairment based on medically determinable evidence."  Obviously, you can't usually define mental impairments with X-rays, MRIs, CAT scans or laboratory studies.  So, what do you offer as proof of a severe impairment? First, I look for a diagnosis by either a clinical psychologist or psychiatrist.  Failing that, I look for a diagnosis by a primary care MD.  To establish a severe impairment for Social Security, you must have evidence from an "acceptable medical source," which would include the type of evidence I just mentioned.  You cannot establish the presence of ...

Which of the following mental disorders can qualify for Social Security disability benefits? Anxiety Major Depressive Disorder Agoraphobia Post Traumatic Stress Disorder Paranoia Schizophrenia Bipolar Disorder Attention Deficit Disorder Personality Disorders Panic Disorder ANSWER:  All of the above.  And more.  Social Security will recognize any mental disorder that can be medically documented and which is severe enough to cause major limitations of social or cognitive functioning, including the inability to work.  The duration requirement is the same as for physical conditions; you must be unable to work (or expect to be unable to work) for 12 continuous months or more. With children under the age of 18, disability may be documented by the child's inability to function at school because of a medically determinable mental impairment. The Forsythe Firm specializes in obtaining Social Security disability benefits for individuals who cannot work becaus...

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A pre-hearing brief (also called a pre-hearing Memorandum) is a document prepared by your representative to succinctly explain the theory of your disability case to the judge who will hear it soon.  By "theory of the case" we mean the logical and legal argument as to why you are disabled under Social Security law and why you should be approved for benefits. As the name implies, a brief should be a short, concise document.  My briefs usually run 3 to 5 pages.  Its main purpose is to give the administrative law judge the nuts and bolts of your case in a document that he or she can read in ten minutes.  Your appeal file may contain 300 pages. Keep in mind that a Social Security judge will typically hear six cases per day.  There isn't time to read 300 pages of evidence and try to sort out the material facts.  Therefore, a 3 or 4 page document that exposes the key facts and tells where to look for details is valuable. In addition, a properly written brief w...

There are 5 steps that an administrative law judge must use in determining whether a claimant is disabled under Social Security law.  The 5 steps are sequential.  The claimant must satisfy step one before going on to step 2, etc.  Here are the 5 steps, outlined in brief form. Step 1.  Is the claimant engaging in substantial gainful activity under 20 CFR 404.1520(B)? Step 2.  Does the claimant have a medically determinable impairment that is severe or a combination of impairments that is severe under 20 CFR 404.1520(C)? Step 3:  Does the claimant's impairment(s) meet or medically equal an impairment listed in 20 CFR Part 404, Subpart P, Appendix I (commonly called "the listings")?  If so, the claimant is disabled.  If not, the analysis proceeds to the next step.  Here, the judge must determine the claimant's residual functional capacity (RFC), according to 20 CFR 404.1520(e) and SSR 96-8p). Step 4:  Does the claimant have the resi...

Social Security frequently gets it wrong the first time around.  While almost 30 percent of disability applications filed in Alabama are approved initially, 70 percent must go to a hearing for a "second opinion."  A hearing gives the claimant and his representative a face-to-face hearing before a US Administrative Law Judge, or ALJ.  The ALJ has authority to ignore any findings made by the Disability Determination Service (the state agency contracted to make the initial decision about disability in Alabama).  Thus, the judge may draw his or her own conclusions about your condition and your ability to work.  In many cases, a hearing will result in a favorable decision which awards benefits - including back pay covering the period back to the "onset date" of your condition. When I look at a potential appeal of a denied Social Security disability claim, there are several things I look for to shore up the case, to give it as good a chance as possible when it goes ...

I've been guilty of placing too much emphasis on the fact that most Social Security disability applications are denied at the initial level.  While it is true that 70 percent will be denied upon initial filing, that leaves about 30 percent that will be approved.  Therefore, it is very important that your initial Social Security disability claim be filed correctly.  Let me mention some of the key ingredients of a complete application for disability: Completeness.  Be sure you answere all the questions or blanks on the form as fully as possible. Exactness.  Describe your illness or impairment in terms of specific limitations on your daily functioning.  Be specific.  "Not very much" is too general an answer to the question "How much can you lift frequently?"  A more specific answer would be "15 pounds." Promptness.  The Disability Determination Service will often send you additional forms to be completed before they make a decision.  Co...