DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

About 7 out of 10 Social Security disability claims are marked    DENIED. Here are reasons why your disability claim may be denied: 1)     You are still working.  You cannot work and earn $1,690 per month or more when applying for or receiving Social Security disability. 2)  Your paperwork is incomplete, missing or incorrect. 3)  You don't provide sufficient written medical evidence to prove your case. 4) You think Social Security will get all the evidence you need; they don't. 5)  You don't have a severe, medically determinable impairment / condition. 6)   Your severe impairment has not lasted or will not last 12 months or more. 7)  You fail to appeal your denials within the deadline. Most claims are won by appeal, not in the first application. 8)  You appear at a hearing without representation. The Forsythe Firm in Huntsville has helped thousands of claimants obtain Social Security disability benefits, back pay and Medicare insura...

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...

In Social Security disability cases, the term "Past Relevant Work" or PRW is used to mean:  Work you have performed within the past 5 years Work you performed at Substantial Gainful Activity (substantial earnings) Work you did long enough to be proficient. Social Security once "looked back" 15 years at past work.  Now they only consider jobs you held within the past 5 years prior to disability. Why is 5 years better than 15 years?  Most claimants will have fewer jobs in the last 5 years than in the last 15.  Each past job is an opportunity for Social Security to deny your claim--by saying you are still able to perform one or more of the past jobs.  (We call this a "Step 4 denial"). In the mandatory five-step decision making process, Social Security must determine whether the claimant can perform any past relevant work. If they can, the claim will be denied. They will consider Age Education Residual Functional Capacity (How much function you still retain). ...

WHAT IS "FULL RETIREMENT AGE"? By Charles W. Forsythe, The Forsythe Firm, Huntsville, AL      When dealing with Social Security matters, you hear the term "Full Retirement Age" (FRA) kicked around a lot. But what is Full Retirement Age ? Under Social Security regulations, FRA is the age at which you can receive a full old age pension (retirement benefit).  It is also the age at which you can work while receiving Social Security and earn as much as you want with no Social Security penalty. Your FRA depends on your birthday.  The following chart gives Full Retirement Age based on when you were born.  This is what Social Security uses. YR. OF BIRTH / YOUR FRA 1938 – 65 years and 2 months ·   1939 – 65 years and 4 months ·   1940 – 65 years and 6 months ·   1941 – 65 years and 8 months ·   1942 – 65 years and 10 months ·   1943 through 1954 – 66 years ·   1955 – 66 years and 2 months ·   1956 – 66 years a...

  By Charles W. Forsythe The Forsythe Firm Huntsville, AL The hardest disabilities to get approved (for Social Security) are fibromyalgia, chronic fatigue syndrome, and mental health disorders like severe depression or anxiety. These conditions are difficult to get approved through government agencies like the Social Security Administration (SSA) because they rely heavily on self-reported patient symptoms rather than hard, objective laboratory tests.  Why Invisible and Subjective Conditions Face Denials Lack of Objective Markers:  Conditions like fibromyalgia or mental health issues do not show up on standard blood tests, X-rays, or imaging scans.  Inconsistent Treatment Records: Claims are frequently denied if applicants miss doctor appointments, skip therapy, or fail to follow prescribed treatment plans over a long period.  Proving Functional Limits:  ,A diagnosis alone is not enough; applicants must prove through detailed medical files and doc...

                                           TIPS FOR SOCIAL SECURITY'S CONSULTATIVE EXAM                                     By Charles W. Forsythe     The Forsythe Firm     Huntsville, AL In the process of a disability application, Social Security may send the claimant for a "Consultative Exam" (CE).  This is an examination performed by a doctor who does exams for Social Security for a fee.  The fee is paid by Social Security. You might be asked to have a physical CE or a "mental status exam."  In this article, I want to discuss the Physical CE. SHOULD Y...

  I just came across a new term (to me).  It's Annoyance Economy .  I looked up the meaning of the term.  Annoyance economy refers to business practices that intentionally waste time and money to benefit a company:  robocalls, difficulty cancelling subscriptions, unnecessary or excessive paperwork, massive delays, etc. For example,  you call your insurance company about a nixed claim, get routed through a phone tree, wait on hold 40 minutes, explain your problem to a chatbot that can't help, then start over with a human agent who asks for the same information again. By the time you hang up, you've burned an hour on what should've been a two-minute fix—and you might have to call again. The Annoyance Economy wastes $165 billion per year. And that's just counting costs in the private business sector.  If you add government annoyance, the cost is incalculable. I work with the Social Security Administration every day as a claimant's representative.  M...

WHY THE 60 DAY RULE IN SSDI IS SO IMPORTANT  By Charles W. Forsythe at The Forsythe Firm Let's face it, very few Social Security disability claims get approved without an appeal  (Fewer than 3 out of 10). Any unfavorable Social Security decision has a very limited time for appeal.  If you wait more than 65 days, your appeal won't be accepted and you must start over by filing a new claim.  The results of this include: a longer than necessary delay (up to 18 more months) a reduction of potential past due pay a longer wait for Medicare insurance eligibility Loss of some benefits you may never be able to recover It is almost never wise to file a new SSDI claim vs. appealing an unfavorable decision.   Some points you must know about a Social Security appeal : An appeal is not starting over; it continues your claim on a new level. An appeal protects your rights, including all your back pay, from the original claim. An appeal is your BEST chance to get approved an...

  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...

  You often hear the negative about Social Security disability:  how hard it is to get, the long application process, the complicated rules, etc. There is a positive aspect of SSDI, however, that we may loose sight of: Over 50 percent of all claimants will receive benefits IF they follow all appeals to the end. While almost 75 percent of initial applications are denied and 90 percent of "reconsideration" appeals get denied, cases that go before an Administrative Law Judge have a much better success rate. If you persist and take your SSDI claim before a judge, you have between 50 - 58 percent chance of winning and being paid.  Most claimants will also collect substantial past due benefits or "back pay." Unfortunately, thousands of claimants give up after the first denial.  They receive a letter that says, "You are not disabled under our rules," and they quit.  This is a big mistake. You must understand from the beginning that receiving Social Security disab...

  Do you believe you are disabled and entitled to monthly benefits from the Social Security Administration (called SSDI benefits, for "Social Security Disability Insurance)? Social Security's eligibility requirements are very strict. Here's a partial checklist to see if you meet the basic, technical requirements to receive a disability check:    1. You must not currently be working at "Substantial Gainful Activity" (SGA). In           2026 you must not be working and earning wages or self employment income                of at least $1,690 per month, gross wage You must be "insured" by the Social Security Act. Generally, you must have worked and paid FICA tax for at least 5 years out of the most recent 10-year period. This gives you the minimum "quarters of coverage" to be insured or covered for SSDI. You must have a "severe" medical and/or mental condition that keeps you from working and ...

When you file a claim for Social Security disability it comes down to 2 things: 1.  Can the judge pay the claim? 2.  Does he/she want to? There are a few cases where the judge really believes that you are disabled and deserving of benefits - but he/she can't legally pay you. Here are some of the reasons that Social Security may want to pay your claim but cannot: 1.  Your disability began after your Date Last Insured (DLI).  In simple terms, your SSDI coverage expired before you became disabled.  There is no coverage. 2.  You have not earned sufficient work credits, or "quarters of coverage" to be insured for SSDI.  Here, also, you have no coverage under Social Security Disability Insurance. 3.  Your impairment has not lasted for at least 12 consecutive months or you can't demonstrate that your condition is medically expected to last for at least 12 straight months.  There is no short term benefit. 4.  You have returned to work at "Substa...

 If you are denied Social Security disability benefits, you only have 60 days to file a written appeal. Most claims are approved in the appeal stage.  So the 60 days matter.   If you've been denied, this is NOT Social Security's final word.  Even though the denial letters says "You are not disabled under our rules," you may indeed be eligible for benefits. Social Security denies up to 80 percent of initial applications.  Routinely.  They just do.  (They don't do a very good job in reviewing applications).  At the appeals hearing level, 50 to 58 percent of claims are PAID . If you have been denied, you must act quickly. Call Charles W. Forsythe at the Forsythe Firm in Huntsville. (256) 799-0297. Mr. Forsythe has 25 years experience in Social Security disability appeals and hearings.  The Forsythe Firm has a great record of securing maximum benefits, including maximum past due payments. Advantages of Representation by The Forsythe Firm We do So...

  Social Security Disability claims are denied 8 times out of 10.  Approval on the first application is rare.  Things you should know: 1.  Getting an early denial does NOT mean that you are not qualified or that you are not disabled.   2.  Social Security's approval process is flawed and produces an error rate of over 50 percent.  Yes.  More than one-half of the denials issued for SSDI applications are wrong.  The system is programed to deny you. Over one-half of denials can be overturned and PAID on appeal. It may take 2 appeals to get approved. --Reconsideration (first appeal) likely to be denied, too. --Hearing before Administrative Law Judge (your best chance). According to a study by the US Government, you are 3 times more likely to be approved if you are represented by an experienced Social Security disability lawyer.  3 times more likely! What Does an Experienced Attorney Cost? Nothing until after you are approved and receiv...

 FACTORS AFFECTING YOUR SOCIAL SECURITY DISABILITY CLAIM There are several factors that will affect whether or not you can receive Social Security disability benefits.  Some of these factors you can control-- and some you can't. AGE:  While persons of all ages get disability benefits, it is clear that persons who are age 50 or older have an advantage. EDUCATION:  Education generally prepares a person to work.  Individuals with more education may have access to more jobs than individuals who have limited education.  Thus, a highly educated person may have more of a challenge with a disability claim. PAST WORK EXPERIENCE:  A highly skilled person is able to perform jobs that the unskilled person cannot.  Therefore, skilled jobs may be lighter work or less physically demanding than unskilled jobs. MEDICAL IMPAIRMENT(S):  All claimants must have a severe, medically determinable impairment that interferes with the ability ...