Skip to main content

MOST IMPORTANT THING WHEN TRYING TO GET SOCIAL SECURITY DISABILITY

When trying to get Social Security disability benefits, what's the most important thing?

Answer:  Medical Evidence

Medical evidence is the one thing Social Security will look at, more than anything else, to decide whether to approve or deny your claim.

Most Social Security denials occur because the claimant doesn't have enough medical evidence to prove disability.  Social Security has a very high standard of proof which must be met to get a claim approved.

What do they consider to be medical evidence?  It is records from doctors, hospitals, clinics, labs,  counselors, psychiatrists or other medical professionals.

Each time you go to see a doctor or medical provider, a record is made of the visit.  The record will state the date of the treatment, the nature of treatment, diagnosis, medications prescribed and other facts.

While Social Security tries to obtain your medical records, it's not unusual that they fail to get some evidence that could help your case.

Social Security will deny roughly 8 out of 10 new disability claims in 2024.  Even if they obtain all your medical records, they may still deny benefits.  If this happens you enter the appeal process where a legal professional may be needed to PROVE that you are disabled according to Social Security rules.  This is no simple chore.  The law must be welded skillfully.

Most of the disability cases approved in 2024 will be in the APPEAL process, not in the application process.  It is often necessary to take a claim before a federal administrative law judge (ALJ) before it can be approved.   

If you have received a denial from the Social Security Administration within the past 60 days, your claim is not finished.  It may be appealed and potentially won--with past due benefits--back to the date you first became disabled.

Contact The Forsythe Firm in Huntsville for a free case evaluation.  If we accept your case, we will go after the medical proof required for approval.  Also, we may take your case before an administrative law judge (ALJ) for a hearing, which often results in approval of claims.

What does this assistance cost?  Nothing unless you win your case and receive past due benefits (back pay).  It costs nothing to file your appeal and we never ask for money from you.  When you are approved for benefits, Social Security will pay our fee directly from a small percentage of the past due benefits you receive.  If you are not approved there is never a fee.

HOW TO CONTACT THE FORSYTHE FIRM

Call the Forsythe Firm in Huntsville, AL at (256) 799-0297.  

 Or use our email:  forsythefirm@gmail.com 

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more