If you think it's hard to get Social Security disability now, just wait until the new Commissioner Andrew Saul finishes with it.
Saul was sworn in as Commissioner on June 17, 2019, for a
six-year term. Previously, he was on the board of the Manhattan Institute, a think tank that seemed to believe that Social Security was much too generous.
The Wall Street Journal today reports that Saul is tightening down the grid rules, the charts which allow a claimant the best chance of being approved for disability benefits--with the result of "eviscerating" the program (the paper's word).
The Social Security Administration has constantly been tightening the rules since 2010 to make benefits harder and harder to get (and taking longer and longer). In 2010, claimants who fought their denials and went before a judge had a 60 percent chance of being approved on appeal. By 2018, that number had dropped to 42 percent. Then, in October 2019, Social Security put a new layer of appeal between the disabled worker and his benefits--a step called Reconsideration. That just makes the process take a few months longer.
If the Journal's report is true (and there's little reason to believe otherwise), where will that leave the nation's disability program? Probably with only the most catastrophic impairments qualifying for any benefit and most Americans who can't work anymore being denied repeatedly with little hope of ever being approved.
And that's not all. When individuals are denied SSDI benefits, they are also denied Medicare, which can cover much of the cost of basic medical care. This will be a disaster.
And what about the FICA tax (Social Security and Medicare tax)? Any talk of reducing or eliminating any of the current FICA burden on workers and their employers? Of course not. Pay the tax but lose the disability insurance it goes to pay for.
This "tightening of the rules" will be swept into place without any announcement and as little fanfare as possible. If you think disability benefits are tough to get your hands on now.....just wait. Brother, you ain't seen nothin' yet.
Saturday, January 11, 2020
MORGAN COUNTY SOCIAL SECURITY DISABILITY
Many types of medical conditions can qualify for Social Security disability payments: mental or physical.
Here are the basic requirements:
1. You are not working at this time due to an impairment.
2. You will be off work at least 12 straight months.
3. You have a proven long term medical impairment
4. You have worked long enough to be covered by SSDI
The next step is to prove how severe your medical condition is. It may be difficult and time consuming to get benefits approved. You may need some help along the way.
If we represent you, we will assist with every step in the process. And we won't charge you a fee until you win and collect back pay from Social Security.
(256) 799-0297 for a free consultation.
Here are the basic requirements:
1. You are not working at this time due to an impairment.
2. You will be off work at least 12 straight months.
3. You have a proven long term medical impairment
4. You have worked long enough to be covered by SSDI
The next step is to prove how severe your medical condition is. It may be difficult and time consuming to get benefits approved. You may need some help along the way.
If we represent you, we will assist with every step in the process. And we won't charge you a fee until you win and collect back pay from Social Security.
(256) 799-0297 for a free consultation.
DECATUR DISABILITY HELP
Decatur, Alabama is a hub of Social Security activity. Hearings are held at the Social Security office in Decatur and at various regional spots in the area.
Nearly everyone in Decatur who applies for Social Security disability eventually hires an attorney or advocate to help them. This is because the process is hard and difficult. Before you get paid, you will often end up before an administrative law judge for a hearing.
What can an attorney or representative do for you?
YES, YOU CAN AFFORD REPRESENTATION
___________________
The Forsythe Firm
Social Security Disability Counselors
(256) 799-0297
Nearly everyone in Decatur who applies for Social Security disability eventually hires an attorney or advocate to help them. This is because the process is hard and difficult. Before you get paid, you will often end up before an administrative law judge for a hearing.
What can an attorney or representative do for you?
- Gather medical evidence to strengthen your case
- Read your medical files to find proof of your disability
- Show the judge where the proof is
- Answer the judge's questions or fix problems in the case
- Be sure you get all the back pay you are eligible for
YES, YOU CAN AFFORD REPRESENTATION
- Pay nothing unless you are approved with back pay!
- You owe no money upfront for anything.
- Keep 100 percent of your monthly benefit checks.
- Get the help you need now, pay later if you win.
___________________
The Forsythe Firm
Social Security Disability Counselors
(256) 799-0297
DECIDING ON A LEGAL THEORY FOR YOUR CASE
If you're trying to get Social Security disability you need to decide on a legal theory for your claim. It's not what you may think.
Here's what a legal theory would look like if outlined:
Facts of the Case + Law or Rules Involved = Legal Outcome
The following is a legal theory:
"The claimant is an individual of advanced age with a limited education and unskilled work at the medium exertion level. Based on his age, education, past work experience and residual functional capacity, he should be found disabled pursuant to Medical-Vocational Guideline 201.02.
The theory doesn't just argue that the claimant can't work; it explains why the law agrees that he is technically disabled and legally entitled to a benefit.
Assigning a legal theory to the case is probably difficult for an individual who is representing himself or herself. If you aren't familiar with Social Security regulations, it will understandably be difficult to craft a solid legal argument using the regulations. Will the judge do that for you? Maybe, maybe not. You can't depend on it.
Before a favorable decision can be made, a winning legal theory must be advanced, even if the claimant isn't aware of it. Failure to establish an acceptable legal theory will lead to denial.
If you have a Social Security disability hearing in your future, I recommend that you contact an experienced attorney or Social Security advocate for advice and help. These folks will sit down with you and learn about your case at no cost or obligation. Then, if you hire them to help you, you will pay them a pre-arranged fee only if you win and receive backpay on your favorable result. If you lose you pay nothing.
_________________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US (256) 799-0297
Email US: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE
- I have a medical problem that is diagnosed.
- I know I am not able to work.
- I should be on disability benefits
Here's what a legal theory would look like if outlined:
Facts of the Case + Law or Rules Involved = Legal Outcome
The following is a legal theory:
"The claimant is an individual of advanced age with a limited education and unskilled work at the medium exertion level. Based on his age, education, past work experience and residual functional capacity, he should be found disabled pursuant to Medical-Vocational Guideline 201.02.
The theory doesn't just argue that the claimant can't work; it explains why the law agrees that he is technically disabled and legally entitled to a benefit.
Assigning a legal theory to the case is probably difficult for an individual who is representing himself or herself. If you aren't familiar with Social Security regulations, it will understandably be difficult to craft a solid legal argument using the regulations. Will the judge do that for you? Maybe, maybe not. You can't depend on it.
Before a favorable decision can be made, a winning legal theory must be advanced, even if the claimant isn't aware of it. Failure to establish an acceptable legal theory will lead to denial.
If you have a Social Security disability hearing in your future, I recommend that you contact an experienced attorney or Social Security advocate for advice and help. These folks will sit down with you and learn about your case at no cost or obligation. Then, if you hire them to help you, you will pay them a pre-arranged fee only if you win and receive backpay on your favorable result. If you lose you pay nothing.
_________________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL US (256) 799-0297
Email US: forsythefirm@gmail.com
SOCIAL SECURITY JUSTICE
Friday, December 7, 2018
HAVE A PLAN TO WIN YOUR SOCIAL SECURITY DISABIILTY BENEFITS
Having a plan or strategy is very important to winning your Social Security disability appeal.
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. That's worth paying the attorney/representative a fee when your case is successful.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Judges have very limited time to spend on a case. They are required to issue up to 700 decision a year, or over 50 per month. One case may have thousands of pages of medical records and other documents to review. Your attorney or representative can help the judge, and your chance of winning, by pointing out what the judge needs to know.
- Is this claimant insured for benefits?
- What kind of past work did the claimant do?
- Does he or she meet a Listing or grid rule?
- Are there any transferable skills?
- Does the medical record support the alleged onset date? If so, where?
A good representative will read and analyze the medical records, which are the foundation of every case. The important evidence will be pointed out to the judge. Are there MRIs or imaging studies to prove the alleged impairments? Where can they be found quickly?
Do any of the treating doctors provide an opinion on the claimant's ability to perform work-like activities? How do these opinions limit the claimant's residual functional capacity?
Then we come to the claimant's testimony. It's very important that the claimant has been prepared and knows what to expect--and how to answer. The testimony should match up with what the doctors say in the records.
Award rates among Social Security judges are lower now than at any time in the past 30 years. A lot of things have to line up and make sense for the judge.
I always provide the judge with a pre-hearing brief. That means that I give her a step-by-step view of the case and why the federal regulations allow benefits to be paid. The brief condenses hundreds (or thousands) of pages of medical evidence into 3 or 4 pages that can be read in about five minutes. So, I try to help the judge make efficient use of his/her time.
A lot of times I can answer difficult or technical questions for the judge. This can also help to get a favorable decision out more quickly.
It's risky to walk into a hearing and just hope for the best. Those kind of hearings often don't go well for the claimant. It's much better to have a legal roadmap of where you want to go and how to get there. That's worth paying the attorney/representative a fee when your case is successful.
So, talk to a representative early in the process. I think most people who appoint me to represent them decide after just a few minutes that I can add value to their case. I have to think so, too, or I won't take the case. The best of all worlds is when the claimant and representative work well together as a team.
______________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW, Site 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
https://forsythefirm.wixsite.com/website
Monday, November 19, 2018
SOCIAL SECURITY DISABILITY IN ALABAMA: WHAT YOU NEED TO DO
Most
Alabama workers are covered by Social Security disability because they
pay FICA withholding tax out of every paycheck. This provides coverage
against long term disability and loss of income.
However, Social Security can be difficult to deal with and there are complex rules that must be met before they will part with any money. It can take anywhere from 4 months to 4 years to get approved.
Here is the sticky part. Social Security will often agree that you cannot perform the work you once did. However, they will say that you can still perform some jobs which exist in the national economy. These jobs are often unskilled minimum wage jobs, such as hand packager, inspector or copy colater. It doesn't matter that you can't actually find one of these jobs.
If you file an application and are denied (as up to 75% are), you have 60 days to file an appeal. The appeal puts you in line for a hearing before a US administrative law judge (ALJ), who can review your case and give you a new decision. Your odds before the judge are much better, especially if you are represented by counsel who understands the system and how to navigate it.
HOW CAN YOU PAY FOR EXPENSIVE LEGAL COUNSEL?
You don't have to. Social Security forbids an attorney or representative to charge you any fee unless your case is decided in your favor and results in back payments. In that case, Social Security will withhold a small portion of your back pay and pay the legal fee directly. You keep most of your back pay and 100 percent of your monthly benefits.
If you need help with a Social Security disability application or appeal, please invest 15 minutes in a phone call to our firm for a free initial consultation. We never ask you for money and our experienced disability advocates have been handling cases like yours for over a decade.
_________
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
However, Social Security can be difficult to deal with and there are complex rules that must be met before they will part with any money. It can take anywhere from 4 months to 4 years to get approved.
Here is the sticky part. Social Security will often agree that you cannot perform the work you once did. However, they will say that you can still perform some jobs which exist in the national economy. These jobs are often unskilled minimum wage jobs, such as hand packager, inspector or copy colater. It doesn't matter that you can't actually find one of these jobs.
If you file an application and are denied (as up to 75% are), you have 60 days to file an appeal. The appeal puts you in line for a hearing before a US administrative law judge (ALJ), who can review your case and give you a new decision. Your odds before the judge are much better, especially if you are represented by counsel who understands the system and how to navigate it.
HOW CAN YOU PAY FOR EXPENSIVE LEGAL COUNSEL?
You don't have to. Social Security forbids an attorney or representative to charge you any fee unless your case is decided in your favor and results in back payments. In that case, Social Security will withhold a small portion of your back pay and pay the legal fee directly. You keep most of your back pay and 100 percent of your monthly benefits.
If you need help with a Social Security disability application or appeal, please invest 15 minutes in a phone call to our firm for a free initial consultation. We never ask you for money and our experienced disability advocates have been handling cases like yours for over a decade.
_________
THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
Saturday, March 3, 2018
SHOULD YOU HAVE A SOCIAL SECURITY DISABILITY HEARING BY VIDEO?
Responding
to the severe backlog of hearings and the long wait time to get a
hearing, Social Security is now doing a large percentage of their
disability hearings by Video-Teleconference (VTC).
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
But do you really want to have your hearing by VTC?
You have a choice. You can opt out of video hearings, if you do so according to the rules. (More on that later).
The major advantage of a video-teleconference is that it shortens the wait time for a hearing. However, my research indicates that it only shortens the wait time by 1 or 2 months. Therefore, you are waiting 20 months instead of 21 or 22 months, not a significant reduction.
What is the approval rate of VTC hearings vs. in-person hearings? Again, my research indicates that in-person hearings result in awards about 5 percent more often than video hearings. A 5 percent increase may not sound like much, but it is significant.
What if you want to opt out of a VTC and insist on an in-person hearing where the judge is in the same room with you, not on a TV screen? Here is the rule you must follow:
Social Security will send you a written notice that you they may schedule a hearing for you by Video-Teleconference. This is normally in a packet of materials sent out a few months after you submit your appeal. Once you receive this notice, you must object to a VTC in writing within 30 days of the date of notice. A form is sent with the notice for this purpose.
There may be instances where attending a hearing by video-teleconference is a good idea. An example would be if you are in a hearing office with very low award rates. A video hearing may give you a better chance but there are, of course, no guarantees.
Need help with a Social Security disability claim or appeal? Get a free consultations and case evaluation by calling the Forsythe Firm here in Huntsville. (We work with clients all over Alabama and middle Tennessee).
THE FORSYTHE FIRM
Practice Limited to Social Security disability
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
(256) 799-0297
SOCIAL SECURITY JUSTICE - MORE INFORMATION
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