Skip to main content

Posts

ALABAMA DISABILITY JUDGES AND THEIR PAY RATES

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.

HOW TO SAVE MONEY WITH A DISABILITY CLAIM & STILL BE WELL REPRESENTED

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...

WHAT TO DO...IF SOCIAL SECURITY DENIES YOUR 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,...

3 WAYS TO MEET SOCIAL SECURITY'S REQUIREMENTS FOR DISABILITY

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...

3 DIFFERENT SETS OF RULES FOR DISABILITY

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...

THE INTERNET MAY MISLEAD YOU ABOUT DISABILITY

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....

THE 5-STEP SEQUENTIAL PROCESS FOR DISABILITYU

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....