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.
- 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?
These are things the judge must know to decide the claim.
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
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
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
