The Forsythe Firm

Bad backs and other musculoskeletal disorders are the most awarded impairments for Social Security disability.  If you have a spinal or back impairment that is severe, it may qualify for a disability benefit.  You will need objective medical evidence, such as an MRI, to support the claim. Social Security must also determine in what ways your symptoms limit your ability to perform work activities like sitting, standing, walking, stooping, kneeling, lifting, etc.  This is best determined by getting your doctor to complete a form called a "Medical Source Statement."  This form is available from my office free of charge. If you would like for us to evaluate your Social Security disability claim (for a back impairment or any other impairment) - please call us at (256) 799-0297.  Consultations are free. SOCIAL SECURITY JUSTICE WEBSITE  

DON'T DELAY, APPEAL TODAY (LINK) Why does this poignant motto hang on my office wall? Because it represents the only way to win your disability claims once it's been denied.  And 7 out of 10 will be denied on the first scrabble. A disability denial is nothing more than a way to get to a hearing.  Nothing more, nothing less.  Use the denial to move your case up the ladder--onward and upward. If you need help, call me at the Forsythe Firm (256) 799-0297. I will never ask for a fee until you win your case AND collect the back pay you are due.  (256) 799-0297.   https://forsythefirm.wixsite.com/website  

Social Security uses a sequential step-by-step process to determine whether you are disabled and can receive a disability check.  The following are steps at which a denial may be issued. STEP 1 DENIAL -  The claimant is currently engaged in substantial gainful activity and is, therefore, not eligible for benefits.  This is defined as earning gross wages or self-employment income of at least $1,170 per month (the 2017 number). STEP 2 DENIAL - There is no medical evidence of a severe medical impairment expected to last for at least 12 consecutive months OR to end in death.  STEP 4:  The claimant is determined to be able to perform past relevant work.  This work is defined as any job the claimant performed at substantial gainful activity level within the 15 year period prior to applying for disability.  It does not necessarily refer to the claimant's most recent job. STEP 5 - The claimant cannot perform any of his or her past relevant work; howeve...

The Social Security Administration will likely deny your disability application for one of the following reasons: They will minimize the seriousness of your medical symptoms and the limitations they pose on your ability to perform work activities.  They will assign you an unrealistic Residual Functional Capacity.  For example, they will say you are able to perform Light exertion when you actually are limited to sedentary work. They will admit that you cannot perform your past work but will insist that there exists easier work that you are still able to perform.  This is a Step 5 denial. They may determine that you are still able to perform one or more of your past relevant jobs--that is, a job you have performed within the past 15 years. There are, of course, underlying reasons for these faulty decisions.  Perhaps your medical records are not persuasive.  Or maybe Social Security didn't receive all of your records.  You may have been careless in de...

Spinal disorders are the leading cause of disability in the United States.  These disorders are the most awarded Social Security cases. If you have a bulging or protruding disc in your spine (cervical, thoracic or lumbar), and have MRI or imaging evidence, you may have a strong disability claim. Your case will be strengthened if you have imaging tests that document spinal canal encroachment, foraminal narrowing or nerve root entrapment.  Social Security will look at complaints of back, neck, shoulder, arm or leg pain in your medical record. Spinal problems can cause extreme limitations in the ability to sit, stand, walk, lift, bend, stoop or reach.  All of these are essential functions of work.  Depending on the extent to which you are impaired in these functions, Social Security may find that you cannot perform your past relevant work, or any other work. There are certain things we would like to get from your doctor, in addition to routine medical records....

I win many Social Security disability cases by showing how my client has trouble with concentration, persistence and pace (CPP). These issues are not obvious to the casual observer but certainly may qualify for a disability benefit. Under SSR 96-9(p), Social Security considers "work" as the ability to work 8 hours per day, 5 days per week or an equivalent schedule.  CPP issues prevent this and qualify for disability. CONCENTRATION is the ability to remain focused and on task for at at least 2 hours at a time and to complete an 8-hour workday.  Most workers will be off task about 5 to 9 percent of the workday and this is tolerated.  However, concentration can be hindered by pain, fatigue, depression or other mental health issues.  When a worker is off task more than about 10 percent of the workday on a consistent basis due to one of these medical issues,  they become unemployable. PERSISTENCE is the ability to report to work and do a job  8 ho...

" May I represent myself in a Social Security hearing?"  This translates into "Do I know Social Security law well enough to represent myself?"  Would you represent someone else at a Social Security hearing?  If the answer is no, then surely you should not represent yourself! The Social Security Disability Insurance (SSDI) program is governed by complicated federal regulations, found primarily in the 20 Code of Federal Regulations, Section 404, Parts 1-99.  This makes up several thousand pages of regulations. Failure to know and follow the regulations will probably result in the denial of your claim for benefits.  This is true, even if you don't realize it when it happens. For example, if the vocational expert testifies that your past work was skilled at a medium SVP, and that you possess "transferable skills"  to sedentary work, you may not realize that this lays a basis for a denial. Another example:  All of your past work required lifting up...