By Charles W. Forsythe, The Forsythe Firm in Huntsville, AL " It's the law that will determine whether you get a benefit or not." Most of the people who come to us for help with disability have already been denied twice: once at the application level and again at Reconsideration. They are now ready for the most important part of the Social Security disability process--the hearing before an Administrative Law Judge (ALJ). This is a one hour hearing that will usually decide once and for all whether the claimant can get disability benefits. The hearing process is misunderstood by many claimants, almost guaranteeing that they will not be successful. The most understood aspects of a hearing is that it must be: 1. Based on fact, not allegations or self-described disability. 2. Supported by hard objective medical records (from doctors). 3. Supported by the complex system of rules and reg...
By: Charles W. Forsythe The natural result of a Social Security disability application is denial. About 72 percent of initial applications will be denied. Many of these denials are unavoidable because the process is designed to deny claims, not approve them. However, many claims are denied because the claimant made mistakes in the application or other forms. The Work History Report. After you turn in the original application, Social Security will send you a Work History Report to complete and return. I admit that this form is a real pain in the neck. It is also vital to getting a fair decision. Out of every 100 Work History Reports that I see (after they are filed), about 90 of them are incomplete, contain serious errors or omissions that can get the claim denied. Most claimants mean well but simply don't know how to complete this form. They typically fill out the top portion and leave the most important part (on the bottom) ...