DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

By Charles W. Forsythe, The Forsythe Firm in Huntsville, AL      " It's the law that will determine whether you get a benefit or not."   Most of the people who come to us for help with disability have already been denied  twice:  once at the application level and again at Reconsideration.      They are now ready for the most important part of the Social Security disability process--the hearing before an Administrative Law Judge (ALJ). This is a one hour hearing that will usually decide once and for all whether the claimant can get disability benefits.  The hearing process is misunderstood by many claimants, almost guaranteeing that they will not be successful.      The most understood aspects of a hearing is that it must be: 1.  Based on fact, not allegations or self-described disability. 2.  Supported by hard objective medical records (from doctors). 3.  Supported by the complex system of rules and reg...

By:  Charles W. Forsythe The natural result of a Social Security disability application is denial.   About 72 percent of initial applications will be denied. Many of these denials are unavoidable because the process is designed to deny claims, not approve them.  However, many claims are denied because the claimant made mistakes in the application or other forms. The Work History Report.    After you turn in the original application, Social Security will send you a Work History Report to complete and return.  I admit that this form is a real pain in the neck.  It is also vital to getting a fair decision.  Out of every 100 Work History Reports that I see (after they are filed), about 90 of them are incomplete, contain serious errors or omissions that can get the claim denied.  Most claimants mean well but simply don't know how to complete this form.  They typically fill out the top portion and leave the most important part (on the bottom) ...

  Social Security disability claims are difficult to get approved.  They require strict and hard hitting medical proof of a long lasting disability that prevents the claimant from doing any full-time work.  The failure to provide this evidence is why claims often get denied. Two specific reasons for denial are discussed here. (1) "Your condition results in some limitations in your  ability to perform work related activities.  We have determined that your condition is not severe enough to keep you from performing your work as (type of job)." This is called a Step 4 decision because it occurs at the fourth step of the evaluation process.  It simply means that Social Security has found the claimant capable of returning to one of his/her past jobs. (2) " Your condition results in limitations that prevent you from performing your past work as (name of job).  However, your condition does not prevent you from adjusting to other work available in the national ...

LATEST SOCIAL SECURITY & MEDICARE FRAUD CALLS.  AS I WRITE THIS IN SEPTEMBER 2026, I HAVE RECEIVED 3 SCAM CALLS FROM THE SAME CALLER WITHIN 30 MINUTES.  BEWARE.  BE CAREFUL.   Be Aware!  The latest Social Security call scam is this: You get a call (from what looks like a local number--it's fake-- and a recorded female voice says that if you have Medicare you are eligible for an extra payment of $250 this month. She asks you if you have both Medicare Parts A and B?   If you answer "Yes," she says, "Thanks, that's all I need to know.  My colleague will now speak with you to get your enrollment information."    PHONY. FAKE.  SCAM.  LIE. A man with a heavy foreign accent comes on the phone. He confirms "You have both Medicare Parts A and B, correct?" You say "Yes," and he asks for your age. If you tell him your age, he will ask for more information...phishing to steal your SSN, Medicare Number, Date of Birth, Bank Informat...

You might think that you can fill out a few forms and Social Security will find you to be disabled and start your check.  After all, you've paid into Social Security through the FICA payroll deduction for years.  You feel that the benefits are "yours."  However, the Social Security Administration does not think that way. Instead of "common sense," they use the  20 Code of Federal Regulations . They make it far more complicated, time consuming and just plain difficult. That's why it's not uncommon for a disability claim to take 12 to 24 months or longer to be decided.  Why is SSDI so difficult? 1.  SSDI is very specific and covers a very limited group of claimants. The terms for receiving disability are very narrow and must be proven down to the letter.  This requires complete and thorough medical evidence from your doctors, counselors, hospitals or other providers. 2.  Just the forms are a nightmare.       There are over 450 qu...

I write this post in September of 2026.  Within the last 30 minutes I have received 3 scam calls from the same person (different phone numbers), telling me I may qualify for an extra $250 from Medicare this month.  Totally phony, 100 percent scam.  Hang up immediately if you get one of these calls (and you probably will)! These are computer generated random calls where a computer calls virtually every telephone number.   These scammers do not know your name, address, phone number of anything else until you tell them.  Don't. Here is how the scam goes :   You receive a call from what looks like a local number (It is not).   A recorded female voice says:  "You may be eligible to receive a $250 bonus from Medicare this month.  Do you have Medicare parts A and B?" If you answer, Yes, the voice says:  "That's all I need.  My colleague will now take your enrollment." Then, a male voice with a heavy foreign accent comes on the phone. ...

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...