APPEAL FIRST - ASK QUESTIONS LATER

Here's the honest truth:  Most of the decisions issued in Alabama about Social Security disability are wrong.  Not some, most.

That leads me to my premise:  Appeal first, ask questions later.

Well, maybe it's OK to ask a few questions first.

But ultimately, you won't get any benefits until you appeal.  You will take your case before a US Administrative Law Judge, who will hold a hearing, listen to all the evidence and give you a fair decision.

"That's fine," you say, "but can I afford this appeal?"

Yes, you can.  Social Security does not permit an attorney's fee unless you win the appeal and get a back pay settlement.  So, if you fail to get money out of Social Security, you don't pay a red cent.  Nothing.

So...here's the "take away."  You can't afford not to appeal.  
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The Forsythe Firm
Huntsville, AL
CALL (256) 799-0297 

SOCIAL SECURITY JUSTICE 

HOW TO PREPARE FOR A SUCCESSFUL SOCIAL SECURITY DISABILITY HEARING

Social Security disability hearings only happen if you were denied and then filed an appeal.  The hearing is the government's response to your appeal.  They will appoint a federal administrative law judge (ALJ) to listen to your evidence and render a new decision.

The hearing will last less than one hour on average but it may be the most important hour of your life, financially speaking.  How do you get ready for it?

1.  Be certain that all of your medical records have been ordered and placed in your Social Security file.  Most cases these days have electronic files.  If you are unrepresented, Social Security is supposed to order your medical records, but they will only order the records you tell them about.  It is imperative that you review your file about 3 months prior to your hearing and see if the records from each treating medical provider are included in your file.  If not, you will need to obtain these records and submit them.  If you have an attorney, he or she is responsible for obtaining all these records.  Incomplete records will either result in a postponement of your hearing or possibly a denial.

2.  Figure out the exact date you last worked, even if it was for just one day.  Step 1 of the hearing will be to determine when you last worked.  You will be asked this question and you should know the answer.  Judges determine this first because the law doesn't allow a disability benefit to be paid for months in which you worked at "substantial gainful activity," no matter how sick they were.

3.  Medical records are essential but they alone often aren't enough to get an award.  Try for opinion evidence from your doctor.  Specifically, try to get a form called a "Medical Source Statement" completed by your doctor that details the limitations in your work-related functions:  sitting, standing, walking, bending, lifting, etc.

4.  Be able to explain why you can't hold a full-time job--from a health or disability point of view.  Be able to articulate your functional limitations that prevent you from working. Speak in specific terms:  "I can't sit longer than ___ minutes.  I can only stand for about ____ minutes, etc."

5.  Research the technical issues involved in your case.  These include:

• Do you meet one of the published Listings?
• Will a grid rule direct a finding of disability at your age?
• Does your application date allow Social Security to pay back to your alleged onset date?
• Did you have substantial earnings after your alleged onset date?
• Do you need to amend your alleged onset date?
• When is (was) your Date Last Insured?  Can you prove disability onset prior to that date?
• Classify each job you have held during the 15 year period prior to filing for disability.  Be familiar with the the classifications of sedentary, light and medium work.

6.  Research questions that you should ask Social Security's vocational expert.  Nearly all adult hearings will include testimony by a vocational expert who has been called by the government to testify. 

7.  Read your medical records. Make a note of where to find each of your major illnesses or impairments in the record.  For example, "My bulging lumbar disc is medically documented by an MRI report in Exhibit 4F, page 16."  Or, "My severe depression is noted by Doctor Feelgood in Ex. 9F, pgs. 3, 9 and 15; and in 11F, 6, 11 and 17).

8.  If Social Security sent you to one of their doctors for a consultative examination (CE), read and study that report, which will be in your file.  Note what that doctor said concerning your physical and/or mental limitations and how those limitations restrict your ability to do work-like functions.  Sometimes, these reports actually help you win.

9.  Prepare yourself to speak Social Security lingo.  If the judge uses terms you don't understand, ask him or her to explain what they mean.

10.  Here are common sense tips I give to all my clients before they set foot in a hearing room:

• Always tell the truth.
• Tell the truth, then stop.  Don't say too much.
• Never answer a question that you do not understand.
• Avoid generalities such as:  sometimes, once in a while, a little bit, not very often, pretty bad, not much.
• Answer questions with defined words, using terms like:  days, hours, minutes, feet, yards, etc.  Example:  "I can sit for about 15 minutes before my legs no numb."  Better than, "I can only sit a little while before my legs go numb."  ("A little while" is not defined).  

Do You Need Help?

Many people will benefit from hiring an attorney or experienced disability advocate to prepare the hearing and attend with them.  In the first place, it will save you enormous time and hard work.  In the second place, it increases the odds that you will be awarded benefits.  Finally, it may save you untold frustration and anxiety--just having someone who knows what it's all about sitting beside you, and having prepared for all the angles.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
CALL (256) 799-0297



 SOCIAL SECURITY JUSTICE - WEBSITE

 Free Consultations - Never a Fee Unless You Win
 

GET PAST THE FIRST LAYER AT SOCIAL SECURITY TO GET PAID

It's true that Social Security disability decisions are made in "layers."  The first layer almost never works out for the claimant.  Layer 1 is the application process, which is all on paper.  You fill out an application and it usually gets denied. You must get past layer one to get your benefits.

In Alabama, layer number 2 is the hearing before an administrative law judge.  Here, you get about 45 minutes to explain your disability, tell why you aren't able to work and submit new evidence.  Here, in layer 2, mistakes made in layer 1 are corrected by the judge.  This is where most benefits get approved and paid.

It is a mistake to keep filing new applications--because this keeps you in layer one the entirely time.  You want to move up to layer 2, where your odds are at least twice as high as they were in layer one.

The simple moral of the story:  Appeal, Appeal, Appeal.

For help, just call us.  Free evaluations.

Phone (256) 431-1599   (256) 799-0297

I GET DISABILITY CHECKS FROM MY INSURANCE COMPANY? CAN I STILL GET SOCIAL SECURITY?

Many workers are covered by 2 disability plans:  a group plan provided by their employer (through a private insurance company) and Social Security.

If you are receiving a disability check from an insurance company, you are still eligible to apply for Social Security disability benefits.  In fact, most insurance companies will require you to apply for Social Security.

All you need to do is document to Social Security that your check is a disability benefit, not wages.  This is easy to do.

Can you get both Social Security disability and insurance company disability benefits?  This depends entirely on the terms of your insurance policy.  However, in most cases, the insurance company will reduce their payments once you get approved for Social Security.  You may end up getting the disability benefit provided by your insurance, minus the Social Security benefit.*
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*Our firm does not provide advice or assistance concerning disputes or problems involving private insurance plans, companies or issues.  Our practice is limited strictly to matters of Social Security disability.

WHY YOU DESERVE A LOCAL DISABILITY ADVOCATE

An experienced, local disability advocate should prove you with

• a local office in which to meet with you
• face-to-face, personal service
• an individual plan of representation
• an advocate you can meet early in the process
• answers to your questions
•  personal service

Be aware that when you dial one of those 800 numbers you see on late night TV, you are probably going to get an out-of-state firm with

• a mass marketing emphasis, not personal service
• 800 numbers but no local office
•  advocates you may not meet until the day of the hearing
• a philosophy of numbers: sign up thousands of cases and let the law of averages work.

The Forsythe Firm is geared toward personal, individualized representation.  We have a local office in Huntsville where we will sit down with you and form a detailed plan to help you with your case.  You will be able to visit us as you need and you will have our local telephone number.  Contact us locally at (256) 799-0297.

 
  

WHAT A LOCAL DISABILITY ADVOCATE SHOULD OFFER YOU

Sure, you could call one of those out-of-state 800 numbers for help with your Social Security disability.  But here is what a local disability counselor or advocate should be able to offer you that these 800 numbers may not:

1. a convenient, private, local office in which to counsel you personally and map out a plan to represent you individually.
2. face-to-face meetings anytime you need advice, have questions or need to drop off or pick up documents.
3.  a staff trained and dedicated to providing you with individualized, personal service.
4. prompt return of your phone calls.
5. in person preparation for hearings, meetings or conferences with Social Security - held with the representative who will actually represent you at the hearing.

Frankly, the boys at the 1-800 numbers generally don't have any local offices.  They don't specialize in personal service.  They usually focus on volume--handling as many cases as possible, a kind of wholesale approach to the business.  

Consider an experienced, dedicated but local disability advocate or attorney that you can walk in and meet.

The Forsythe Firm, offices located near Bridge Street in Huntsville, would welcome the opportunity to speak with you.  Free case evaluations.  Never an upfront fee.  (256) 799-0297

HUNTSVILLE (AARP) SOCIAL SECURITY DISABILITY ADVOCATES

HUNTSVILLE, AL - LOCAL SOCIAL SECURITY DISABILITY CLAIMS REPRESENTATIVES

For local help in Huntsville, see an AARP affiliated disability advocate for local assistance in filing or appealing a Social Security disability claim.

Visit the following website:

http://local.aarp.org/local-services/the-forsythe-firm-7027-old-madison-pike-108-madison.html

Call (256) 799-0297

• Free local parking - street level - handicap accessible
• Local, experienced advocates
• No fee charged until you collect back payments
• Direct pay eligible from Social Security
• Help with paperwork and forms
• We get your medical records for you.
• Never an upfront fee
• Veteran friendly, veteran experienced
• Special attention to persons over age 50