DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

If you become disabled and qualify for SSDI you will not receive a Social Security disability check for at least 6 months. First, there is a 5-months waiting period on  all Title 2 or SSDI claims. This means that Social Security (Title 2) does not cover the first 5 months of a disability.  So if you become disabled in January, you are not eligible for a payment until June or July. This waiting period begins the month after Social Security decides your disability began.  For example, if Social Security finds your disability began on March 3, you lose March - August to the waiting period.  Your first benefit check will be for September.  However, Social Security pays one month in the arrears, so your September payment won't actually arrive until October.  Thus, you will go from March to October without actually getting a check.  This long waiting period can be a burden on newly disabled individuals.  If your employer carries short-term disability in...

Some disabilities are more difficult to prove than others.  Here are some of the most problematic ones: Fibromyalgia. ... Mental Health Conditions. ... Migraine Headaches. ... Traumatic Brain Injury (TBI) ... Chronic Fatigue Syndrome (CFS) ...  Chronic Pain Syndrome A disability may be harder to proven if There are no diagnostic tests that can diagnose it No X-rays or imaging studies can be used to detect it Symptoms are highly subjective The severity of the condition can't be stated There's no established medical treatment for the condition For Social Security disability there must be a medically determinable impairment which has lasted one year or more, is expected to last one year or more--or is expected to end in death.      For help with a Social Security disability claim or appeal - call (256) 799-0297. Or email us at:  forsythefirm@gmail.com 

 Do you need a lawyer to get Social Security disability? Let me answer that with a US government study: The General Accounting Office, an agency of the US government did a study and reported the following: Claimants who use a lawyer or advocate are about 3 times more likely to be approved for Social Security disability benefits compared to unrepresented claimants. [Source:  GAO Study].   Truth is, the Social Security structure is set up to deny claims, not approve them.  3 out of 4 applications will be denied at the initial (first) level.  Sometimes this is due to simple application errors.  Sometimes it is because Social Security isn't convinced that you are really disabled according to their rules. As principal in the Forsythe Firm, I use my experience and expertise to help claimants get approved and paid. My firm will evaluate your claim to see if it CAN be paid.  Then, we will look for evidence and support to GET it paid.  This often means wo...

Do you dare walk into a Social Security office without an appointment?  Not a good idea. In 2022 the average wait time to be served was 2 hours and 20 minutes, probably even longer in 2024.  Typically, when you just walk in, you will face long lines.  You will be given a number (if you're lucky) and told to wait your turn. It's much better to call ahead and schedule an appointment.  Some issues can be handled over the phone without a visit; even then, however, Social Security may need to make an appointment for the phone call. Why the delays and problems?  The basic reasons are too much work and not enough staff. Since COVID hit us in 2020, Social Security has been losing workers and the agency is on the backside of replacing them.  Even when a worker is replaced, it can take months or years to properly train them.  At the same time, more and more people are doing business with Social Security. When asking for an appointment, it's important to call you...

Most Social Security disability claimants require the service of a lawyer to get approved and paid.  But how will your disability attorney get paid?  Is there an up front or out-of-pocket cost to you? The Social Security Administration sets the rules for lawyer's fees.  They tell lawyers if they may charge a fee, when they get a fee, and the amount of the fee. 1.  There is usually no upfront attorney's fee. 2.  There can never be a fee unless (both a & b):     a.  Your case is approved and paid, and     b.  You receive past due benefits or "back pay." If both of the conditions above are true, Social Security will approve an attorney's fee equal to 25 percent of your past due benefits.  However, the fee may not exceed $7,200 under current rules. (This maximum is subject to change from time to time due to inflation). Example:  Michelle uses an attorney to get approved for disability benefits.  Her total ba...

You've head it's easier to get disability benefits from Social Security after you're 50.  Why is that so? You must understand the principle on which the Social Security program is founded.  It was designed to provide financial assistance to individuals who are unable to work and earn their own living.  So, the key to it is:  Who can work? An individual with a medical condition at age 30 will likely be more able to work than a person with the same condition at age 50. This is because we lose some of our functional abilities as we age.  Age effects how how well we can walk, bend, lift, etc.  At some point, an older person just isn't expected to do all the physical activities of a younger individual. Also, a younger individual may adapt to new jobs easier than an older person. Social Security has tried to incorporate this principle formally into something they call "Medical-Vocational Guidelines."  These "grid rules" combine the following factors to for...

Can the Social Security Administration (SSA) spy on you?  The answer is:  Yes, Social Security may investigate you. The most likely way Social Security may check on you when you file a claim is by looking at your social media.  They can and do check your Facebook, Twitter or Instagram sites.  This is routine and if you file a disability claim you should expect that this is likely to happen. If you are receiving Social Security disability or SSI benefits and someone files a fraud complaint on you, Social Security must investigate.  All reports of fraud must be investigated.  Example:  A neighbor notices you putting up Christmas lights on your house and calls Social Security to say that you are not really disabled.  As unfair as this may seem, Social Security will always investigate such reports. Individuals who receive Social Security disability or SSI benefits must report to Social Security if they start working, open a business or become self-emp...

How do you win a Social Security disability claim in Alabama? By the Forsythe Firm in Huntsville 1.  Realize what you are trying to prove:  that you are no longer able to work.  This is the gist of Social Security disability claims. 2.  Be sure your application is completed fully and accurately. 3.  Return all forms and requests for information promptly. 4.  Be sure to supply Social Security with complete names/addresses/phones for ALL your doctors, clinics, hospitals, and other providers, going back 24 months.  They only contact the medical providers you tell them about. 5.  Describe your past work for the past 15 years on your WORK HISTORY REPORT.  Social Security will send you this report after you apply for disability.  Describe the walking, standing, lifting, etc. you did on each job. Few claimants fill out the Work History Report fully or correctly.  It's tedious and may not make sense to you, but failing to fill it out proper...

If you listen to lawyers talk about Social Security disability you will hear the term "theory of award."  Judges often ask attorneys at the hearing, "What is your theory of award?" A theory of award means:  What set of facts meets Social Security's rules to allow a payment of benefits? It isn't sufficient to say, "The claimant can't work," or "the claimant is disabled."  The lawyer has to carefully examine Social Security's rules and explain which rule allows a payment or an award. Here are some examples of a theory of award :   1.  The claimant's medical condition meets or equals Listing 12.05. 2.   Grid rule 202.06 will direct a finding of "disabled" based on the claimant's age, education, past work history and residual functional capacity. 3.  Based on the severe functional impairments, the claimant cannot perform past relevant work under 20 CFR §404.1520.  4.  The claimant would be unable to perform any signi...