SIGNS THAT YOU MAY HAVE WON YOUR DISABILITY HEARING!

 

 SIGNS YOU MAY HAVE WON YOUR DISABILITY HEARING

If your Social Security disability claim was denied, you will usually appear before an Administrative Law Judge (ALJ) for a personal hearing.  At the hearing, the judge will listen to you and your attorney, ask many questions, and hear from witnesses.  

 Often the judge will not announce his/her decision on the spot.

But there are certain signs that may tell you that you have won your hearing.

Here are some of the positive signs that you may have won:

1.    The judge tells your lawyer, "I think this is a grid rule case under 201.06, etc.; do you agree?"

2.  The vocational witness testifies that there is no past work and no other work that you are capable of doing.

3.  A medical expert testifies that you "meet or equal" a Listing.

4.  The judge listens to your testimony and says something like:  "I don't believe I have any questions and I don't need any testimony from the vocational witness."

5.  The judge makes some other tell-tale remark.  For example:  "Mr. Attorney, I'm going to process this decision as soon as possible because I think your client needs urgent medical attention."

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The Forsythe Firm, Huntsville, AL.  (256) 799-0297

GETTING DISABILITY BENEFITS IN ALABAMA (SOCIAL SECURITY)

Over the past 20 years the Forsythe Firm has recovered millions of dollars in Social Security disability benefits.  There are two "secrets," which are not secrets at all:  Don't give up, and Get some help.

Don't Give Up:  70 percent of all disability claims in Alabama will be denied. It usually requires 2 appeals after the denial.  To sum it up, most claimants will go before a judge for an informal hearing before their case is approved.

Get Some Help.  Once you get denied, everything changes.  The appeal process is highly complicated and confusing.  It now becomes a matter of proving that you meet the various rules and regulations of the Social Security Administration (SSA).  These rules consist of parts 400-499 of the 20 Code of Federal Regulations, plus various SSR rules and amendments.  No one expects you to navigate this maze by yourself.  

The law provides the right to have an attorney or advocate help you through this difficult process.  And, you cannot be charged a legal fee until your case is approved and you get paid.  Your attorney's fee, in fact, must come out of the back pay you collect from Social Security. Fees are limited by the government and must be approved by Social Security in advance.

So, what are the main requirements for Social Security disability (SSDI)?

You have a medically proven impairment that makes you unable to work, and this impairment has lasted for at least 12 straight months or is expected to last for at least 12 months.  The difficult part is presenting evidence that convinces Social Security that your medical (or mental) impairment is severe and that it keeps you from working.  

Social Security's rules are different than anybody's else rules on disability.  They are stricter than any other disability insurer in the United States.  As mentioned earlier, you probably will go before a judge before your benefits are paid.  Don't go alone.  You only get one hearing and if it is unfavorable, you can't do it over.

Go in to Win.  

Take the best legal counsel that you can find when you go to your hearing.  Go in to win!

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Charles W. Forsythe is founder of The Forsythe Firm in Huntsville, AL.  He and his team are focused solely on winning Social Security disability benefits for their clients.  You can get a free consultation.  Do you have a case?  (256) 799-0297.

 

 

LARGE SOCIAL SECURITY PAY INCREASE 2023

 

In a few days the Social Security Administration (SSA) is set to announce the largest benefit increase in 40 years.  It's the 2022 COLA or Cost of Living Adjustment, which increases Social Security benefits to keep up with inflation.

The announcement will come in October and take effect with January 2023 benefit payments.  Based on the Consumer Price Index, the increase is expected to range between 8.3 and 9.3 percent.

That would be the biggest raise since 1982.

What must you do to get this benefit increase?  Nothing.  The government will automatically increase Social Security benefits.  You will not need to verify your income, financial resources, or any of that stuff.  

As long as you are currently entitled to a Social Security benefit, the COLA will take effect automatically starting in January 2023.

CONTINGENCY FEE - SOCIAL SECURITY DISABIITY AID

 Legal aid is available to you on a contingency basis.  This means that you pay nothing now and a fee will be charged only if your case is successful.  If not, you will pay nothing.

The Forsythe Firm in Huntsville exclusively handles Social Security Disability (SSDI) cases and nothing else.  We have handled thousands of cases and have a solid track record of success.  You will never pay us a fee unless you win your disability case or appeal AND collect past due benefits.  And we'll put that in writing.

This "contingency fee" arrangement allows you to get top notch representation for your Social Security claim with the certainty that any fee you pay will be based on a positive result that puts money in your pocket!

WHY DO YOU NEED SOCIAL SECURITY REPRESENTATION?

1.  Social Security laws and regulations are complex, technical and often confusing.  Our experienced advocates understand all the rules and are trained to handle them.

2.  Social Security will have their own experts on your case.  You will deal directly or indirectly with a vocational expert and a medical expert.  You need knowledgeable help with these professionals.

3.  Your odds of success are at least twice as good with an attorney/advocate.  The national studies show that only 31 percent of claimants win their disability cases without representation - but 60 percent who have representation win their cases.

4.  You will probably go before a judge for a hearing before your case is decided.  Expert representation can be essential in this stressful, complicated legal proceeding.  You will hear terms you have never heard before, have regulations presented you don't understand, and you will face expert witnesses that can "make or break" your case.  

5.  You need back pay for all the time you've already waited on Social Security to give you a decision.  An attorney/advocate can work to get all the past due benefits you are entitled to. This money is not automatic.  There are things that must be proven to qualify you to receive back pay or past due benefits.  An advocate/attorney is trained to represent you best interests.

Get paired with an experienced advocate who handles only Social Security disability cases.  We don't do car wrecks, divorces or real estate closings. We don't do criminal law or family law.  We don't mess with contract law, corporate law or debt collection.  All we do year in and year out is Social Security disability cases.  100 percent, and nothing else.

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The Forsythe Firm, 7027 Old Madison Pike NW, Suite 108, Huntsville, AL 35806.  Phone (256) 799-0297 or (256) 503-8151.

 

YOUR CHILDREN MAY ALSO GET DISABILITY BENEFITS!

 Social Security disability may replace some income for adults who become disabled due to a physical or mental impairment.  It may also pay benefits to dependent children who are under 18 years old--or up to age 19 if they are still in high school.

Dependent children are usually eligible to receive a benefit in addition to their parent who has become disabled.  

Disability has an impact on the entire family.  Children continue to need food, clothing, education and medical/dental care.  Dependent's benefits from Social Security can help cover these expenses for a disabled parent.

If your disability claim is being handled by a professional--an advocate or attorney--he/she will be sure to protect your children's rights to benefits.  If you are handling your own claim, be sure to notify Social Security that you have dependent children when you apply for benefits.  When benefits are approved, contact your local Social Security field office (not the hearing office) and ask if your child or children are set up for dependent's benefits.

 If you received past due benefits or "back pay," your children may also be entitled to back pay.

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Charles W. Forsythe is a founder and partner in The Forsythe Firm, a Social Security advocacy firm in Huntsville, AL. 

 

THINGS YOU DON'T SAY AT A DISABILITY HEARING

Most claims for Social Security disability will wind up before an Administrative Law Judge (ALJ) for a hearing.  The judge will ask questions involving the following broad areas:

• Why you believe you are not able to work.
• Your past work history (in some detail).
• Your current living and family situation. 
• Your limitations in activities of daily living. 

Here are a few general rules I ask my clients to follow during questioning:

1.  Tell the truth.  Nothing causes more problems than lying.

2.  Don't exaggerate, and don't minimize.   

3.  Don't volunteer information you are aren't asked about.  Just answer the question, and STOP.

4.  Never answer a question you don't understand.  Ask for clarification.

5.  Use terms that are well defined or mean the same thing to everyone.  Avoid vague terms like:  sometimes, now and then, not much, a whole lot, not very often, etc.  Better to use terms such as:  about twice a week, about 30 to 40 feet, less than 10 pounds, or 2 or 3 times per day.

Here are some statements you try never to make at a hearing:

• My pain on a scale of 1 to 10 is always a 10.  It never gets better and nothing helps.
  
• You have family members receiving disability or unemployment benefits (unless you are asked).
• You have a bad alcohol or drug problem (unless you are asked).
  
• You haven't followed your doctor's advice or you don't take the medications your doctor has prescribed.
• Nobody will hire you; there are no jobs in your town.
• You can't work because you take care of a sick family member.
• You can't work because you don't have transportation.
• You don't have the skills or experience needed for a good job. 
  

A judge simply will not believe that your pain is always a 10 and nothing ever makes it better.  Constant pain on a 10 out of 10 scale would require hospitalization and the judge won't find the allegation credible. This sounds like an exaggeration.

Having family members on disability or unemployment benefits may indicate a family who relies on government benefits and doesn't have much incentive to work.

Failure to follow a doctor's advice or take your medications is, in itself, a reason to deny a claim.  Perhaps if you followed your treatment plan you would be better and wouldn't be disabled.

Nobody will hire you, or there are no jobs in your hometown-- are NOT disability problems.  They are employment problems and Social Security doesn't pay for employment problems.  Also, the judge may assume that if there were jobs available, you would go to work, thus you are not disabled.

If you are able to care for a sick family member, you may also be able to hold a job.  Also, this implies that you could work but have a reason other than disability that prevents working. Always a bad argument.  Don't go there.

Lack of transportation is never a disability or reason to award a disability benefit.  The assumption is that if you had transportation you could and would be working.  Thus, you are not disabled and Social Security does not pay for any other issue--just disability due to a severe physical or mental impairment. Transportation simply isn't considered.

Not having good job skills, past experience or job training is not a disability.  It may be an employment problem but the solution to it is vocational training or going to school to learn new skills.  The solution is not disability and there is no disability benefit for lack of skills, or lack of training.  This will kill your case right off the bat.  It basically says, "I am physically and mentally able to work but I'm not working due to a lack of job training or experience." This is NOT a disability and it is not covered by the Social Security Act.

The judge wants to see a claimant who has a long, steady work history.  The claimant wants to work, is willing to work, but has a severe physical and/or mental impairment that makes full-time work impossible. The judge also will want to see objective medical evidence (doctor's records) that proves the nature, severity and duration of the impairment(s).  When did the impairment begin?  What body parts are affected? How severe is it?   What restrictions does the impairment cause in your ability to perform work-like activities, such as sitting, standing, walking, lifting, reaching, kneeling, crouching, crawling, grasping, handling, balancing, etc.?  

You must be truthful at your hearing.  If a judge asks you about any topic, you must answer truthfully.  However, you are not required to volunteer information just to hurt your case.  

For example, the judge asks you if you have a drinking problem.  If you don't, simply say, "No, Your Honor."  Do not volunteer, "I had a very severe drinking problem up until six months ago.  I used to drink like a fish but I stopped drinking six months ago and I'm sober now."  Too much information that you were not asked about.

Or, if the judge asks:  "Why do you think you are not able to work?"  You reply:  "Well, my back hurts, I have poor balance, my hands are swollen from arthritis and I suffer from regular chest pain and shortness of breath.  Also, Your Honor, my wife has cancer and I'm the only one who can stay home and care for her.  She depends on me for everything."  You have stated that you have more than one reason for not working and one of them has nothing to do with your own personal disability.  This case will likely end in a denial.  Stick to your own personal disability and medical issues.

If you are represented by an advocate or attorney, he or she will instruct you on how to testify at your hearing.  You will go over things to say and things not to say--while being completely honest.  Your attorney/advocate will also help you frame your testimony so that it demonstrates eligibility under the rules and regulations of the Social Security Administration.  Remember, you may be disabled, but you will only get a check if you are disabled "under the rules and regulations of the Social Security Administration.  And they have the strictest rules in the world about what qualifies as a disability.  There are many ways to torpedo your hearing.  Prepare not to do so before you walk into the hearing room.  

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The Forsythe Firm, Social Security advocates and attorneys, 7027 Old Madison Pike NW, Huntsville, AL.  Phone (256) 799-0297 or (256) 503-8151.  Free consultations.

WHY IS SOCIAL SECURITY DISABILITY SO HARD TO GET?

 The US Government offers benefits to disabled workers through the US Social Security Administration.  This is often called SSDI (Social Security Disability Insurance).  But qualifying for the benefit isn't easy.  In fact, it is often very difficult.  There are several reasons for the difficulty:

1.  The program was designed to be long and difficult.  The framers of SSDI didn't want "everyone" to be able to get benefits.  So, they made it hard on purpose. They calculated that there should be at least 14 workers paying FICA (Social Security tax) for each beneficiary receiving benefits.  So, 14 workers supported each beneficiary by paying FICA  tax (payroll deductions) into the trust fund. This worked well for a long time. But over the decades fewer workers supported more and more beneficiaries. Today there are only 2.7 workers supporting each SSDI beneficiary.  As the trust fund dwindles, Social Security finds new way to make new disability claims more difficult.

2.  You must have sufficient "work credits" to be covered by the Social Security Act.  Individuals over age 30 will need 20 work credits.  (In 2022, you earn 1 work credit by earning at least $1,510 in wages during one calendar quarter).  The basic rule:  You should have worked at least 5 years out of the past 10 year period.  Individuals who have never worked, or who haven't worked in many years, may not have enough work credits for a disability claim.  Call your local Social Security office to be sure.

3. Social Security's definition of "disabled" is very strict and very limited.  For most claimants, "disability" means that you are not able to perform any of your past relevant work AND you are not able to adapt to an easier job of any kind.  This conjecture must be PROVEN with objective medical evidence.

4.  You must have a medically proven physical or mental condition that prevents any full-time work for a period of at least 12 straight months OR the condition is expected to end in death.  Thus, Social Security has no temporary or short term disability program.

5.  Social Security is a US government program--wrapped up in complicated layers of government red tape and bureaucracy:  Rules of evidence, medical proof, reviews, examinations, questionnaires and long delays make the process frustrating. Many claimants hire attorneys or advocates to help wade through the long, confusing process.

6.  The odds are against you.  There may be up to 3 levels of SSDI.  Here are the average odds of being approved at each level.

INITIAL APPLICATION:  About 30 percent are approved.

RECONSIDERATION:      Less than 10 percent are approved here.

HEARING                           Nationally, about 45 percent get approved at a hearing before an                                             Administrative Law Judge (ALJ).  It may take 12 to 24 months                                                 to get before an ALJ.

Those claimants who eventually get SSDI benefits are those who know the system and the process (or hire someone who does), and who stick with it for months or years, even through multiple denials or failures.