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Most Social Security Disability (SSDI) cases wind up before an administrative law judge, who will decide whether or not to approve and pay the claim. The approval rate of north Alabama judges varies widely from judge to judge, as the following data shows: ALJ Approval Rate Digby, Patrick R. 31.83% Green, Gloria W. 56.59% Grimes, James N/Available Lewis, Jason A. 52.44% Richey, Mallette 38.30% Weaver, Cynthia G. 17.17 Williams, Lori J. 36.43% Wright, Douglas A. 73.56% *Data from http://www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.html The important thing is to be sure your case is prepared well and presented to the judge in the best manner possible . Being properly represented is a huge factor in success of your appeal.

You would expect to pay big money to get a lawyer to handle your Social Security disability claim.  The expenses, alone, could be tremendous, not to mention the attorney's fee. But this is not the case. You can actually get top-notch disability representation with no upfront fees, and the lawyer or advocate will even pay all of the upfront expenses for you. So your cash outlay to appoint first-tier legal representation is $0. 1.  Your representative does all the work and charges no upfront fees. 2.  Your representative purchases all your medical records, doctor's reports, and other required records--at his own expense. So, there is a lot of work and a lot of potential expense in taking a Social Security disability claim to court. It seems like a very good bargain to let your representative bear the responsibility for all the work plus all the expense.  If your claim fails, you have not been out one cent.  So, representation takes the risk out of it for the claim...

Social Security disability is just like any other insurance policy:  it denies more claims than it pays.  You must prove that you are disabled under the specific terms and conditions of the policy; in this case, under the Social Security regulations. Most initial claims are denied under Step 5.  Basically, you are not able to perform your past work but you can perform some other work. So, what to do?  The first thing is to file for "Reconsideration."  You have only 60 days to do this.  Ask Social Security to reconsider their decision. Be prepared for another denial.  At least 90 percent of these appeals will also be denials.  So, what to do? File another appeal and request a hearing before a US Administrative Law Judge (ALJ).  At this stage, your claim is more likely to be approved. It will take a few months to get to the hearing. You are always better off to bring a lawyer with you to the hearing.  In fact, if you show up unrepresented,...

There are 3 specific approaches to winning Social Security disability benefits.  Space doesn't permit an exhaustive treatment here, but I will give the 3 general ways to approach a claim: 1.  Meet or Equal a Listing.  Very few claimants can win this way because the Listings are so strict and require very severe symptoms.  But claimant with severe or catastrophic medical conditions need to look at the Listings.  If you can meet a Listing, you are automatically approved. 2.  Be disabled under the framework of a Medical-Vocational Guideline, also called "grid rules."  These rules sometimes work for individuals who are at least 50 years of age.  They most often work for claimants who do not have any sedentary (sit down) work in their employment history, have no transferable skills and no qualifications to perform skilled work. 3.  Prove that you cannot perform any  full-time work which exists in the national economy. Number 3 obviously is th...

Social Security really has 3 different sets of rules for persons trying to get disability benefits. RULE SET 1 is for younger individuals , under the age of 50.  These rules are the most difficult and allow the fewest approvals.  However, some younger individuals do get approved. RULE SET 2 - is for persons approaching advanced age  (age 50 - 54).  In this category, the rules are slightly relaxed to allow more claimants to qualify. RULE SET 3 - applies to claimants of advanced age  (55 and older).   Therefore, age is one of the most important factors in a disability claim. Individuals age 55 and over are the most likely claimants to win; however, these claims still require adequate medical evidence and a properly prepared appeal. Literally, a person age 49 can be denied--then come back when they are 50 and win.  Age matters. ________________ The Forsythe Firm 7027 Old Madison Pike - Suite 108 Huntsville, AL 35806 Call (256) 799-0297 forsythefirm@g...

Many people go to the internet searching for answers to questions about Social Security disability.  Many are trying to see if they qualify for a benefit. When you google "Social Security" or "disability," you are often directed to a thing called the "Listings." You may peruse the Listings and quickly determine that you certainly don't meet the qualifications.  Therefore, you assume that you can't qualify for a disability benefit. This is a terribly inaccurate determination--because almost nobody meets one of the Listings.  The severity of symptoms required to meet a Listing is so extreme that probably 1 out of 200 disabled persons will meet it. And what you may not know is:  You are not required to meet a Listing in order to get Social Security disability benefits. So, be very careful in interpreting what you see on the internet in deciding whether you meet the requirements for disability.  Much of what you see there may not apply to you at all....

Social Security uses a sequential 5-Step process to decide who is disabled. "Sequential" means that each step must be considered in order.  At each step, you may be approved or denied.  Here are the Steps: STEP 1:  Are you now gainfully employed?   If Yes, you are denied and the case closes.  If No, move to Step 2. STEP 2:  Do you have a qualifying severe impairment? If No, you are denied and the case closes.  If Yes, move to Step 3. STEP 3:  Do you meet one of Social Security's Listings? If Yes, you are approved and the process closes.  If No, move to Step 4. STEP 4:  Can you perform any of your past relevant work? If Yes, you are denied and the process closes.  If No, move to Step 5. STEP 5:  Are you able to perform any other job which exists in "significant numbers" in the U.S. economy? If Yes, you are denied.  If no, you are probably approved. Note:  The claimant's age plays a huge part in Steps 4 and 5....

Here are a few of the  MYTHS about Social Security disabiliy. MYTH:  Social Security denies everyone the first time. TRUTH:  About 70 percent of claims are denied at the application level (first stage).  These claims need to be appealed. MYTH:  If denied the best thing is to file a new application. TRUTH:  If denied it's best to appeal the denial and put the denial under review higher up.  More claims are won in the appeal process. MYTH:  My doctor can sign me up for disability? TRUTH:  Doctors cannot decide who gets a benefit.  They can only provide evidence that Social Security uses in making that decision. MYTH:  Everyone is covered by Social Security disability insurance. TRUTH:  Only persons who have worked long enough and recently enough are covered.  You need a certain number of work credits to have coverage. MYTH:  You can apply for SSDI while you are still working. TRUTH:  If you are working at a "substa...

Social Security disabilit keeps getting harder and harder to get. The approval rate at hearings has dropped from 62 percent in 2011 to 42 percent today. Why so many denials? The basic answer is that Social Security is strapped for cash.  Since 2003, there has been a 29 percent increase in applications from persons who have little or no work experience and who have not paid into the Social Security trust fund. As a response, Social Security has tightened the rules.  More than changes the rules, Social Security has taken a fresh attitude.  "Prove beyond a doubt that you can't do any work that exists anywhere in the US economy."  This is includes the easiest, least exertional, lowest paid job in the nation. In Alabama, Social Security has added a new step in the disability process.  It's called "Reconsideration."  When your application is denied (as most are) you can't go directly to a judge and get a hearing.  You have to ask for a "Reconsideration,...

If you are represented by counsel, preparing for a hearing is easy.  Your attorney/advocate will prepare the case for you, handling all the details.  He or she will collect all the evidence available, submit it, and brief it for the judge.  Your counsel will call you shortly before the hearing and prepare you to face the hearing.  Your representative will attend the hearing with you to handle problems or questions and generally to argue your case according to the rules and regulations of the Social Security Administration. However, if you are unrepresented, it is quite a different matter.  You should start preparing at least 6 months before the hearing date because there is a lot to do. Here are some of the things you need to well before your hearing date: Obtain and submit to the hearing office all of your medical records--from each and every doctor, clinic, hospital, counselor, therapist or other medical provider.  These must be submitted at least 5 busin...

Be very suspicious if you get a call from "Social Security" telling you that Your account has been suspended You are the victim of identity theft You may be entitled to more benefits There is some other problem with your Social Security card You need to send in a payment right now In almost 100 percent of the cases, this is NOT a call from Social Security; it's a scam call by a criminal.  The caller ID may indicate that it's a legitimate call but caller ID can be rigged by scammers to look real. If you have ongoing business with Social Security, they could call you.  Otherwise, they will not.  And here are things Social Security will NEVER do: Threaten you. Suspend your Social Security number. Demand immediate payment from you. Require payment by cash, gift card, pre-paid debit card, internet currency, or wire transfer. Ask for gift card numbers over the phone or to wire or mail cash. If the person calling you doesn't already know your Social Security number, it i...

The thing I hear most from my clients is the thought that they were hesitant to admit their own disability. "I've worked all my life, and it's hard for me to admit that I am now unable to work." "I delayed asking for disability payments because I couldn't admit that my working life was at an end after all these years." If you're facing these type of thoughts, you are not alone.  Admitting disability is the first step to facing the future.  It involves a definite emotional trauma that each person faces in his/her own way, and own time. My job as a disability advocate and counselor is to help my client explore options.  To look realistically at the situation and ask, "Is it time to apply for disability benefits?"  If so, how can I make less painful? I am the first to tell someone, "If you are able to keep working, that is probably your best option."  No one wants to be on disability if there's another alternative. But when the t...

CAN AN ATTORNEY OR DISABILITY ADVOCATE HELP YOU GET SOCIAL SECURITY BENEFITS? Professional representation may help you when.... 1.  The rules and application process are overwhelming or don't make sense. 2.  Your claim has been denied. 3.  You disagree with Social Security's decision. 4.  You have a hearing before an Administrative Law Judge. 5.  You want to receive maximum benefits you are entitled to. A representative won't cost you anything unless you win and receive back pay.  The representative's fee, which must be approved by Social Security, will be due only after your case has been won and you have been approved for back payments.  If you lose there is no attorney's fee. Also, you can appoint professional representation today with no money upfront and a free consultation. https://forsythefirm.wixsite.com/website _______________ The Forsyhe Firm 7027 Old Madison Pike NW, Suite 108 Huntsville, AL 35806 CALL (256) 799-0297 Serving Alabama and Tenn...