DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

  Your Social Security disability case is likely to wind up before an administrative law judge for a hearing.  The hearing will consist of answering a lot of questions for the record.  How do you answer these questions?  What to say and not to say? Here are some tips from a top Alabama Social Security attorney: 1.  Be polite.  Address the judge as "Your Honor," at least the few few times. 2.  Only answer the questions you are asked.  Don't volunteer too much information. 3.  Be specific.  Generalizations don't cut it.  Instead of, "I can only stand for a few minutes," say "I can stand for about 20 minutes." 4.  Don't exaggerate your symptoms to make them sound more severe than they are.  Don't minimize your symptoms so they sound less severe than they really are. 5.  Answer based on how you feel most days, not on your best days. 6.  Don't ramble.  Answer the question, then stop. 7.  Avoid contradictions...

We refer to The Forsythe Firm as a full service advocacy firm.  What do we mean by "full service"? It means that we can help with your disability claim at every step in the process--from application to appeal hearing. But it means much more than that.  We deliver individualized personal service to every client.  On day one, you will meet face-to-face with the lawyer or advocate will handle your claim, the same one who will be with you all the way through appeals, if necessary.    We will be available to speak to you about your case, whether it's updates or just answering your questions.  You have unlimited access to your advocate's email address, even personal cell number.  We will be totally "connected" with you until you get your pay. You never pay a penny upfront to get this service. Our fee is due "on the back end" of the case.  When you are awarded benefits with back pay, Social Security will deducted the fee you agree to from the back pay....

Bill and Susan went to their mailbox one day last August.  There was a letter from the Social Security Administration (SSA) in Baltimore.  Communication from Social Security wasn't unusual.  Bill had been receiving Social Security disability benefits for about 8 years due to a heart condition.  But this letter was different.  It was a bill for $72,136.00.  It said the full amount must be repaid to the Social Security Administration within 30 days.  It created panic.  Bill and Susan had savings of only about $10,000.  Paying an over payment of $72,000 would be impossible.  Bill is 63 years old and unable to work. In 2023, 986,912 people received over-payment bills because Social had paid them too much.  Now they wanted the money back.  This can happen when a recipient somehow becomes ineligible for Social Security payments-but keeps receiving and cashing the checks anyway.  Or, it may happen because Social Security made a m...

Social Security denials are seldom final.  They may be   appealed and a better decision may be obtained in the appeal. However, thee are some instances where disability denials become final. If any denial is not appealed within 60 days of the denial date, the decision becomes the final decision of the Social Security Administration and it is no longer subject to appeal. If a case is denied by the Appeals Council and is not appealed, the decision of the administrative law judge becomes the final decision of the Social Security Administration.     At the point in time of an Appeals Council denial, a Social Security disability applicant has exhausted their administrative options.  It is important to note that the failure to pursue further appeal of the ALJ denial will result in that decision becoming final under the doctrine of Res Judicata  (which means the “matter having been decided”).  Should this take place, it becomes  very difficult, if ...

  Claimants who have been denied Social Security disability benefits have a right to a hearing before a US administrative law judge (ALJ). Here are the steps that must be taken in order to get a hearing: 1. You must apply for Social Security disability and be denied. 2. You must appeal that first denial and be denied again at the "Reconsideration" stage. 3. You must appeal the Reconsideration denial and ask for a hearing before an administrative law judge. That hearing will be granted within about 8 months. Note: All appeals must be filed within 60 days after the denial. At your hearing you will appear before an impartial administrative law judge (ALJ) who will review your case with you and your attorney, take testimony from witnesses and give you a new decision. The ALJ is not bound by any former actions of the Social Security Administration (SSA) but is bound by the SSA's rules and regulations. It is very important to prepare for your hearing and know what to exp...

The law requires the Social Security Administration (SSA) to use a 5-step sequential process to determine whether a claimant qualifies for disability benefits.  Here are those 5 steps:  STEP 1:  Is the claimant now working or engaged in Substantial Gainful Activity?  If working and earning at least $1,550 (2024), the claimant is gainfully employed and the disability claim will be denied. STEP 2:  Does the claimant have a severe, medically-determinable impairment which significantly interferes with the ability to work--and has this impairment lasted for at least 12 straight months, is expected to last for at least 12 straight months OR to end in death?  If not, no benefit is payable. STEP 3:  Does the claimant meet or equal one of Social Security's Blue Book Listings?  If so, the claim can be paid now.  If not, we move on to step 4. STEP 4:  Can the claimant perform any of his/her past relevant work?  If so, the claim is denied. ...

You  probably have heard that Social Security can be difficult when it comes to disability benefits.  The application for SSDI is fairly complicated and making one of the following mistakes can doom your application from the very start: Failing to Fill Out All the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly. Every question is there for a reason.  Don't leave anything blank. Forms that often get neglected are the Function Report and Work History Report--both very important.  Writing Illegibly —  Check your handwriting.  If your handwriting isn't clear, your case worker won't be able to read your application.  Print your answers clearly, or if possible type out your answers.     Incorrect or Incomplete Information -  Make sure to list ALL doctors, clinics, hospitals, counselors and other medical providers....

  To be covered by Social Security Disability Insurance (SSDI) an individual must have worked and accumulated the minimum number of work credits. What is a "work credit"? In 2024, you earn 1 work credit for each $1,730 earned in a quarter. To get the maximum of 4 work credits per year, you must earn $6,920 per year. The specific number of work credits required to qualify for SSDI benefits varies based on your age. For instance: Individuals under the age of 24 typically need six credits earned in the three years leading up to their disability. Those aged 24 to 31 generally need credits for half the time between age 21 and the onset of disability. Individuals aged 31 or older usually need at least 20 credits earned in the 10 years preceding their disability. Work credits "expire" after an individual stops working. Just because a person worked for many years--but stopped working several years ago--does not mean that they now have the necessary work credits to suppor...

If you live in Alabama you may qualify for Social Security disability benefits, says Charles Forsythe, active partner of The Forsythe Firm in Huntsville. The first requirements for SSDI is that you have worked a certain time in jobs that participate in the Social Security insurance program.  Most of the jobs in Alabama do, thanks to a federal law that requires Social Security taxes (FICA) to be deducted from each worker's pay checks.  Individuals who might not be covered are those who have not worked at least 5 years out of the most recent 10 year period before applying. Once you establish that you have sufficient work credits, you must meet Social Security's very stringent definition of disability : 1.  You must have a severe impairment which significantly limits your ability to hold a full-time job of any sort. 2.  Your impairment must be long term:  it must have lasted for at least 12 straight months, OR it is expected to last at least 12 straight months--OR,...

                          By Charles W. Forsythe - The Forsythe Firm Is there a secret to winning Social Security disability in Alabama? As an advocate who has represented thousands of clients for Social Security disability, let me share a crucial fact: The "secret" to getting approved for Social Security disability is:  NEVER QUIT.  Appeal, appeal and then appeal again. In the early application process, 8 out of 10 claims are denied.  This is just "normal."  The people who review disability claims at the first level are prone to deny claims.  You have a very small chance in the early process. The key is:  Appeal any unfavorable decision.  The appeal moves the claim upward to higher authorities, who will give your claim a closer, more thorough review.   The second phase in Alabama is called "Reconsideration."  This is where the same agency that denied your claim will look ...

  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. Decisions 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(...

  Thinking about applying for Social Security disability? SSDI can pay you up to $3,822 per month if you have a long term disability which keeps you from working at least 12 straight months or more. Here are things you must know about applying for Social Security disability in Alabama: 1. The application is lengthy and time consuming. It includes the supplementary forms "Function Report," "Disability Report" and "Work History Report." These forms must be completed with great care to avoid costly mistakes. 2. It takes a long time. In Alabama, the average wait time for a response to a new application is 222 days, or around 7 1/2 months. Also, you must keep your application updated after you apply. Mainly, you must keep Social Security informed about new doctor's appointments, medical treatment, tests, etc. after you file. 3. You must be persistent and keep on keeping on. 8 out of 10 claims will be denied initially because "you do not meet ...

The Social Security Administration (SSA) is the largest provider of disability benefits in the United States.  Each year up to 2 million people apply for some form of Social Security disability. It is estimated that 1 out of 4 Americans will suffer a disability before reaching full retirement age.  This often leaves the individual out of work and without a sufficient source of income to meet basic living expenses. Of claimants applying for Social Security disability (SSDI), only about 28 percent will be approved. Why are so many claimants denied?  Here are the major reasons: 1.  The claimant doesn't meet Social Security's strict definition of "disability." 2.  There is not clear medical evidence to support the allegation that the claimant cannot work. 3.  Claimant's often make errors in their application, or file incomplete applications which result in denial. Doctor's records are at the focus of a Social Security disability claim.  Often those are not...

What is your best chance for getting Social Security disability benefits? Here are some important bases to cover for your best chance of SSDI approval: 1.  Have good and up to date medical treatment for all your severe conditions. 2.  Get an excellent disability lawyer who knows Social Security disability rules, process and procedures. 3.  Keep your lawyer informed about updated or recent medical treatment or exams. The Social Security disability process in Alabama can be quite challenging.  Most applications are denied and will require expert appeals to be successful.  These appeals are best handled by an experienced Social Security disability advocate or lawyer. The Forsythe Firm in Huntsville is a top Social Security disability firm which has assisted thousands of claimants during the past 25 years in practice.  You will get personal individualized representation with the goal of winning your disability benefits as quickly as possible.  Free consult...

I have helped Social Security disability claimants in thousands of hearings.  In nearly every adult case, Social Security will call a vocational witness to give testimony.  These are also called "vocational experts."  They are vocational rehabilitation counselors who are educated in job skills and the job market - and they must know the rules and regulations of the Social Security Administration. What is the purpose of the Vocational Expert (VE)? In short, the VE has two functions at the hearing: 1.  (S)he will be asked to classify the claimant's past relevant work (PRW)   according to:      Skill Level:  Was each job skilled, semi-skilled or unskilled             Exertion:  Was each job sedentary, light, medium, hard or very hard?  2.  (S)he will take the judge's hypothetical work restrictions and provide examples of the kind of jobs available to the claimant in the national economy. (Not th...

  Here are the top ten conditions that get approved for Social Security disability (Huntsville, Alabama) Musculoskeletal disorders Arthritis Degenerative Disc Disease Mental Health Disorders   Mood Disorders Psychotic Disorders Nervous System Disorders   Heart Disease Circulatory System Disorders Stroke The truth is, almost ANY condition may qualify for Social Security disability payments if it is severe and has a duration of at least 12 months or more. What Social Security values most is recent medical evidence showing the severity of the medical/mental condition and how it effects the ability to work. For example, it is not enough to prove that you have a musculoskeletal disorder. All such disorders are not disabling. You must show that your disorder is so severe that it significantly hinders your ability to work a full-time job on a consistent basis. Good medical evidence is the key to success. I must also point out that persistence is required. Social Securi...