DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

First, what is  "Residual Functional Capacity" or RFC?  The shortest answer:  It is the maximum work that an individual is able to perform." Social Security will consider a claimant's age, education, past work experience and RFC to determine what type of work, if any, the claimant can still perform. The more restrictive the RFC is, the more likely benefits can be paid. For example, if a claimant can still perform medium exertion work activity, it is very likely that there exists over a million jobs that he/she can do.  That would be a quick denial, providing this claimant also has the mental capacity to do full-time work. However, if a claimant is restricted to sedentary exertion (sitting most of the time and lifting/carrying no more than 10 pounds occasionally, the number of jobs will be reduced and there's a better chance of being awarded benefits. If a claimant has a Residual Functional Capacity that is below the level of sedentary work, there are no jobs in t...

  Get Social Security disability benefits in Huntsville, Alabama - or surrounding north Alabama communities. The Forsythe Firm not only serves Huntsville, but other communities such as Decatur, Cullman, Athens, Albertville, Tuscumbia, New Market, Guntersville...and many others. If you live in Alabama or Middle Tennessee we can help you deal with Social Security and assist you with disability (SSDI) benefits. We also have advocates specializing in Social Security disability in Tennessee, serving such cities as Nashville, Brentwood, Madison, Columbia, Spring Hill, Chapel Hill, Fayetteville, Pulaski, Ardmore and others. The Forsythe Firm offers 1.  Free consultations and case evaluations, starting with just a phone call. 2.  No fees ever until after you win and receive your Social Security back pay. 3.  Custom, personalized service for YOUR claim, appeal or situation. 4.  Advocates with a long, successful history of SSDI disability claims and appeals. 5.  Exte...

  It is frustrating when your doctor says you are disabled but the Social Security Administration won't take that as evidence in your disability claim. Under the law, some issues are "reserved to the Commissioner of Social Security." This means that Social Security must make these decisions for itself. They cannot be made by doctors, other authorities or even other federal agencies. To better understand this I encourage reading 20 Code of Federal Regulations (CFR) §404.1520(b)(3). Here is what the regulations say: Section (3) of 20 C.F.R. 404.1520b(c) gives a list of statements on issues that are reserved to the Commissioner: (i) Statements that you are or are not disabled, blind, able to work, or able to perform regular or continuing work; (ii) Statements about whether or not you have a severe impairment(s); (iii) Statements about whether or not your impairment(s) meets the duration requirement (see § 404.1509); (iv) Statements about whether or not your impairment(s) m...

The field of Social Security disability is a very specialized area of the law.     Social Security laws and regulations are highly specialized, and an attorney with expertise in this field will be well-versed in the intricacies of the system.  You want to find someone who makes his/her living dealing with Social Security. The process involved in Social Security disability is also quite different than the one encountered in other areas of practice.  An attorney who knows the judges and the procedure of disability hearings can be of enormous help to you. Social Security hearings are conducted by special judges called Administrative Law Judges.  They only handle Social Security cases, nothing else.   The laws and regulations governing Social Security are largely:  the Social Security Act, as amended; and the Code of Federal Regulations. Federal court decisions may also impact how Social Security reacts to your appeal. When you set foot in a disability h...

 What are some things that signal difficulty getting SSDI (Social Security Disability)? 1.  A skimpy or sketchy work record.  It's better if you have a history of working at the same job for several years--the longer the better.  It hurts if you have jumped around from one job to another and only stayed a short time with each employer.   2.  Lack of objective medical evidence.  Social Security will approve or deny your claim largely based on what's in your medical records.  The burden to prove disability is on you--and the best way to prove disability is with your medical records.  By "objective records," I mean those supported by examinations, laboratory tests, X-Ray or imaging studies or personal observation on examination by a doctor. Without this you have allegations of a disability but no proof. 3.   Not having an attorney or advocate to represent you.  No matter what you think of attorneys, they exist for a reason.  ...

You have stopped working--or you're thinking about it--and you want to evaluate your  chance of getting SSDI benefits (Social Security disability).   In most cases, nobody can guarantee that you can get approved for SSDI.  But there are some sure indications that you cannot get it; and there are some factors that can weigh heavily in your favor.   3 Requirements You Must Meet to Get SSDI  1.  You are not working now at substantial gainful activity, meaning that you are not currently earning $1,550 per month or more either in wages, commissions or self-employment income. ($1,550 is the 2024 amount). 2.  You have at least one severe impairment that has lasted for 12  consecutive months or more, or is expected to last 12 straight months or more, OR will result in death.  This impairment also causes significant difficulty in performing consistent full-time work. 3.  During the 10 year period prior to making a claim you have worked at least ...

Up to 80 percent of new Social Security disability claims filed in 2024 will be denied.  8 out of 10 will be denied. The disability application is just the first step in the process.  It is the beginning step, not the ending step.  Most claimants do not get paid by filing an application. The appeal is where most claims actually get approved and paid.  Appeals are where errors by Social Security get corrected.  Your denial probably contains an error. A Social Security disability appeal usually has 2 parts: 1.  "Reconsideration."  The state disability determination service (DDS) gets a second chance to review and "reconsider" your application.  This stage is often seen as "rubber stamping" the earlier denial decision.  The denial rate at this stage of appeal is rather dismal. 2.  The Hearing.  Most appeals will be resolved at a hearing before an administrative law judge (ALJ).  This judge will review all the evidence, take testim...

  by Charles W. Forsythe (The Forsythe Firm)--June 3, 2024 I am predicting a Cost of Living Adjustment (COLA) of about 2.6 percent for 2025. If this prediction holds up, Social Security recipients will have an extra $2.70 for each one hundred dollars in benefits. For example, if your 2024 benefit amount is $1,500 per month, your 2025 benefit would increase to about $1,539. (*) How does Social Security calculate the COLA each year? The actual increase is based on the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers from the third quarter of the previous year. The calculation is usually made in October, announced in December, and goes into effect in January. So, the actual COLA will be calculated in October, 2024 and announced in December 2024. It will go into effect January, 2025. The amount may be lower or higher than our prediction. *Disclaimer: We are making our estimate on very early inflation indicators. No one should make any fina...

Does Social Security Always Make Correct Decisions on Disability?   NO.  Never assume that Social Security's denial of your disability claim is correct.  Many, many of their denials are wrong and error-ridden. Social Security's denial rate is artificially high, meaning--they deny claims all the time that should have been paid.  When your claim is on the scales, the scales are skewed toward denial. Here's just one example from my case files. The claimant in his fifties had active cancer that had spread (metastasized) to other parts of the body.  Under the Social Security regulations, he qualified for both a Listing level impairment and a Compassionate Allowance , and should have been approved and paid quickly with no fuss. Either of these guidelines would have dictated a finding of disability under Social Security rules.  But instead of a quick approval, what happened? The state agency that reviewed the initial claim denied benefits. On appeal ("reconsiderat...