Skip to main content

FIGHTING FOR DISABILITY BENEFITS in HUNTSVILLE

You may have heard the term "fighting for my disability benefits."  Perhaps you thought, that's a very strong term.

Actually, the phrase fighting for Social Security disability accurately describes most experiences.  

It's a legal fight where you, the claimant, goes up against the US government.  You want and need benefits because you aren't able to work.  The government is skeptical and demands an almost impossible burden of proof.  On top of that, they have a long record of denying about 73 percent of new claims for disability benefits.  

Most claimants will literally have a legal fight, going through 3 different processes before they get paid. The fight may last from 12 to 36 months.

As in any legal fight, your best chance to prevail is by getting an experienced and well trained advocate to lead your fight.  Social Security is going to throw things your way that you can't possibly understand because you are new to this fracas.  

So, where is the final battle usually fought?  Usually, it's in a hearing before a federal administrative law judge (ALJ).  The judge has more training and more authority to make decisions than anyone you've encountered previously.  And the judge is going to be the first time you have appeared before a high level decision maker and had him or her listen to your case and review your evidence.

By the time you get before this judge, 2 or 3 years may have passed since you first filed your claim.  You have been denied twice before. Your advocate/attorney will ask the judge to award you past due benefits for the months or years that you've had to wait for justice.  And they often do.  I recently was able to get over $100,000 in past due benefits for a claimant who had been fighting for his rights for a long time. For him, it was a life changing miracle.

I think the worst thing you could do is quit and give up the fight short of the final battle.  Stay the course!  Win the race!

_________

THE FORSYTHE FIRM in Huntsville has helped thousands of individuals get the disability benefits they deserve.  We will deal with the government for you, leaving you free to live your life.  We will never charge you any fees until you win your case AND collect the back pay that is due.  Call us:  (256) 799-0297. 

Comments

Popular posts from this blog

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...