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Showing posts from September, 2025

WHAT NOT TO DO IF APPLYING FOR SOCIAL SECURITY DISABILITY (SSDI)

Social Security Disability Insurance (SSDI) is a complex program with thousands of federal rules and regulations. So, what are things you should not do if applying for Social Security disability? Don't work unless you talk to your attorney first.  Working can easily make you ineligible for an SSDI benefit.   Don't lie or misrepresent anything on your application or other forms.  Credibility is very important so avoid contradictions. Don't stop seeing your doctor or getting medical treatment.  Your doctor's current records are vital in getting approved for any disability.  Don't ignore correspondence or forms sent to you by Social Security or your state's Disability Determination Service (DDS). Don't miss any consultative physical or mental status exams scheduled for you by Social Security. Don't post personal information on social media:  Social Security can and does read these posts to find out about your activities, like trips, hobbies, etc.  Caref...

ALWAYS, ALWAYS APPEAL DISABIITY DENIALS

  Here's the honest truth:  Most of the decisions issued in Alabama about Social Security disability are wrong.  Not some , most.  Denials are too common and often in error. That leads me to my premise:  Appeal first, ask questions later. Well, maybe it's OK to ask a few questions first. But ultimately, you won't get any benefits until you appeal.  You will take your case before a US Administrative Law Judge , who will hold a hearing, listen to all the evidence and give you a fair decision. "That's fine," you say, "but can I afford this appeal?" Yes, you can.  Social Security does not permit an attorney's fee unless you win the appeal and get a back pay settlement .  So, if you fail to get money out of Social Security, you don't pay a red cent.  Nothing. So...here's the "take away."  You can't afford not to appeal.   One final thought:  from the day of denial, you have only 60 days under the law to file...

HEARING PREPARATION WINS OR LOSES

  A Social Security Disability Advocate Performs Valuable Work That Often Goes Unseen. In helping his claimant win Social Security disability benefits, an advocate will perform much work that is not seen by the claimant.  Yet, this work is vital to a successful outcome. The work includes: Finding, preparing and evaluating medical records/evidence. Arranging for any medical examinations that are needed. Making sure that the legal theory of the case is compatible with Social Security disability regulations. Defending the "alleged onset date" to get the most back pay / past due benefit. Filing supporting documents such as briefs, explanations, defenses, etc. Preparing the vocational aspect of the case (past work history). Preparing the claimant to appear at the hearing. Guidance during the hearing before a judge. Filing post-hearing briefs or evidence as required. Making sure the benefits are paid properly and promptly. You might compare the 45 minutes of a disability he...

HOW IMPORTANT IS A DISABILITY HEARING IN SOCIAL SECURITY CASES?

  By Charles W. Forsythe (The Forsythe Firm, Huntsville, AL) In my experience, about 70 percent of Social Security disability approvals are made at the hearing level. So the hearing is extremely important and represents your BEST chance for being paid. Disability hearings are conducted by Administrative Law Judges (ALJs). They are not court appearances, rather administrative hearings conducted by the Social Security Administration before an impartial judge. Hearings are rather technical in nature and the government nearly always calls a vocational expert to testify. In some cases, Social Security will also call a "medical expert," i.e, a medical doctor to testify. A typical disability hearing last 45 to 60 minutes. It will include testimony from the claimant, a vocational witness, and possibly others. In basic terms, a hearing gives the claimant and his/her representative an opportunity to explain their disability. The judge will ask a lot of questions. Your lawyer or ...