Skip to main content

SOCIAL SECURITY LAW IS A HIGHLY SPECIALIZED PROFESSION

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 hearing court, you will be dealing with several legal professionals:

  • Administrative Law Judge (ALJ) who will preside and make all the decisions
  • Vocational Witness - a jobs expert who will testify for Social Security
  • Medical Expert (doctor) may be called to testify about medical issues

Don't even think about trying to handle these professionals alone.  You will be as lost as a ball in high weeds.  Take with you an experienced Social Security disability lawyer who has handled a hearing like yours a thousand times and knows what to expect (and how to prepare).

The Forsythe Firm in Huntsville, AL has represented Social Security disability claimants for over 2 decades.  Free consultations are available. Call (256) 799-0297.

 

Comments

Popular posts from this blog

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...

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...

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...