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....