HUNTSVILLE DISABILITY GUIDE

REPRESENTATIVE: HIRE ONE EARLY OR HIRE ONE LATER? Most people who file a Social Security disability claim end up hiring professional representation. Many claimants will wait until after their application has been denied to hire a representative.  Looking at that practice from the standpoint of fees or cost to the claimant, however, calls the practice into question. Since a representative cannot charge a feel until  after  a claim has been won, and since he/she can only charge a fee based on recovery of  back payments , the odds are that the fee won't vary a great deal, regardless of when the representative was hired.  The big difference is how much help the representative can be to the claimant.   If he or she can help get the claim approved in the initial stage, it avoids the need for an appeal and therefore reduces the fee drastically.  So I'm not so sure that delaying in appointing representation saves money.  In the long run, i...

Social Security rules state that all of your impairments must be considered, even impairments that are not severe.  While you must have at least one "medically determinable" impairment that is severe, there may certainly be additional physical or mental conditions that contribute to your disability.  For example, rheumatoid arthritis may be a severe condition that renders you unable to work.  But if you also have mental disorders, such as anxiety, depression, bipolar or panic disorder, these conditions must be considered in making a determination as to whether you are disabled under Social Security rules. It is important to remember that a mere diagnosis of a disorder is usually not enough to be awarded Social Security benefits.  Other factors that must be determined include:  severity, duration, vocational implications and functional limitations.  For example, you may be diagnosed with depression.  But to receive disability benefits for depression...

To be successful in a Social Security disability claim the claimant must be proactive.  It isn't enough just to file the proper forms and wait on the process.  It is very much a hands-on process - at least for the successful claimants.  What should you be doing? INITIAL PROCESS:  You've filed all the papers, including all the forms that the Disability Determination Service sent you in the mail.  Call your doctors and other medical providers to let them know you have filed a claim.  Ask them to submit medical records and other information requested by DDS promptly.  Call your disability specialist at DDS about every 10 to 14 days to ask for a status report.  Find out if one or more doctors has not submitted medical records.  Follow up again with that doctor. APPEAL PROCESS:  If your claim is denied at the initial level, ask for an appeal within 60 days (in writing).  Your case will now shift back to Social Security from DDS. ...

Bipolar   Disorder  is a relatively recent term for what used to be called "manic depression."  It refers to an affective mood disorder characterized by periods of abnormally high energy level, cognition and mood, with or without one or more depressive episodes.  The term bipolar  refers to the cycling between high and low episodes (poles).  Some patients experience both manic and depressive episodes at the same time.  Many individuals experience "normal" moods that separate the high and low episodes.  If depressive and manic symptoms rapidly alternate, such a condition is referred to as "rapid recycling." Social Security has always recognized bipolar disorder as a potentially disabling mental disorder.  In order to obtain disability benefits the claimant must establish not only the diagnosis of bipolar disorder but also the severity and duration of symptoms and the fact that the ability to function is significantly limited.  It is ext...

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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