The Forsythe Firm

When a disability claim is denied, you are entitled to a hearing before an administrative law judge (ALJ).  This is not a court proceeding but rather an appearance before an administrative agency of the US government (executive branch). The hearing is where most Social Security disability cases eventually get approved.   So, the hearing is your best opportunity to prove your case and be awarded benefits. A hearing typically lasts 45 minutes to one hour.  The judge will review all your medical records and other documents and will take oral testimony from you.  Simply put, you will be asked a lot of questions under oath. Usually, a vocational expert called by Social Security will testify.  Sometimes, a medical expert (doctor) will testify. GOAL:  Your goal is to prove that you are disabled according to the Social Security laws and regulations.  This usually involves proving that you cannot perform any full-time work which exists in the national e...

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 applicatio...

"My doctor wrote a letter saying that I am disabled and not able to work at any job.  Social Security denied my benefits, anyway.  How can they do that?" Your doctor meant well.  But he is attempting to decide a matter that can only be decided by the Commissioner of Social Security, according to the federal regulations.  In short, doctors may not determine who is disabled and who is not.  So when a doctor simply says, "This patient is disabled," or "This patient cannot work," Social Security ignores it. Here is what your doctor can and should do:  provide you with a form describing your specific functional limitations.  I use a form called a Medical Source Statement.  By functional limitations I mean your ability to lift, sit, stand, walk, kneel, crouch, crawl, reach, concentrate, remember and follow instructions, complete simple tasks in a timely fashion, etc.  These opinions carry great weight with Social Security when the...

My firm wins cases frequently based on mental or psychological impairments, ranging from depression to PTSD to schizophrenia.  But mental impairments may be difficult to prove.  Here are a few things that can help the case: 1)  Visit the doctor regularly and follow appropriate treatment, which may include counseling or medications. 2)  See if a specialist, such as a psychiatrist or licensed psychologist, if possible.  They carry more evidentiary weight than general practitioners. 3)  Try to get a professional opinion in writing from your doctor about how your mental impairment restricts your ability to work.  The more specific the opinion, the more helpful to your case.  There are forms that may be used for this purpose and they cover all the bases. If you have no income and simply cannot go to a doctor or mental health clinic, then ask Social Security to send you for a consultative examination.  This isn't as good as se...

You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible for an impairment that began later.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and paying FICA taxes.  Most adults need 20 quarters of work to be covered.  These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim.  Very young individuals might need less than 20 quarters of work. Your Disabling Condition Must Last At Least 12 Months.  Short term disability lasting less than 12 consecutive months is not covered by Social Security.  You must have an impairment that h...

Definition of Disability:  One or more severe and medically determinable impairments which has lasted, or can reasonably be expected to last at least 12 consecutive months or end in death-- and which prevents you from performing full-time work activity.  You cannot receive any disability benefit if you are currently working at substantial gainful activity, no matter how severe your impairment is.  There is no Social Security disability benefit for a short-t erm disability (last less than 12 consecutive months). When Should You Apply for Disability?  You should apply as soon as you are diagnosed with a disabling condition which can reasonably be expected to last for a minimum of 12 consecutive months.  Note that Social Security does not provide a disability benefit for conditions lasting less than 12 months. How Do You Apply?  If you are filing a regular SSDI claim, you may file online at www.socialsecurity.gov. Or you may contact a local Soc...

In my opinion, 99 percent of Social Security disability claims are lost by failing to prove a restricted Residual Functional Capacity (RFC) , either in the application, or at the hearing.  There are a few clai ms lost to procedural problems that have nothing to do with RFC, but very few. The Residual Functional Capacity (RFC), simply put, is the most you are able to do, in spite of your impairments. Social Security will usually take the position that, yes, you do have some impairments.  However, the impairments are not so severe that you can't perform certain types of jobs.  Therefore, you are not disabled. The solution to this (and saving your case) is to prove to Social Security that you have a very restricted RFC.  In fact, you want to prove -- using medical evidence -- that you cannot perform the exertional, postural and/or mental requirements of even unskilled sedentary work. Many individuals try to prove their inability to work by simply explainin...

1)  At what age may I apply for Social Security disability (SSDI)?  Answer:  Adults may apply any time before your full retirement age.  (If you were born in 1948, for example, your full retirement age is 66).  Children may apply any t ime prior to age 18 .  There are special rules for adults who became disabled prior to age 22. 2)  What monthly benefit may I expect from SSDI?  Answer: The benefit amount will vary based on your average wages and work history.  The maximum monthly benefit in 2016 is $2,639.  The average monthly benefit is $1,166. 3) Can my spouse or dependent children also receive benefits?  Answer:  Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.  4)  Will I get Medicare insurance with my disability benefi...

IS YOUR DISABILITY DENIAL CORRECT? You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?  No.  You should assume they made a bad decision because they probably did. In nearly one-half of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong. Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned. What is the biggest mistake you can make after being denied by Social Security?  Failing to appeal the denial within 60 days is the single biggest mistake you can make. What are the risks if I appeal and lose?  There is no risk.   In an appeal, you have everything to win and nothing to lose.  If you do not win the app...