DISABLED BUT CAN'T GET BENEFITS? YOU NEED HELP.

                           THE FORSYTHE FIRM

Being disabled is one thing.  Getting benefits for a disability is another.

Two-thirds of all disability claims will be denied in 2018, as they were in 2017.

And most of the denials happened to people who were truly disabled--even according to Social Security's strict definition.

So, is there hope of getting approved and getting paid?  Yes, there is.  It is the process that is long, difficult and confusing.  Most people find that they need professional help to successfully defend a Social Security disability claim.

Denial letters usually read:  "You are not disabled according to OUR rules."  It is their rules that cause the problem.

Social Security's definition of disability is horribly narrow.  They generally interpret "disability" as being unable to perform any kind of full-time work.  Therefore, if they believe a claimant can work as a garment folder, a silverware wrapper or a ticket taker--they will deny the claim.

Wait a minute, you say.  Nobody can get one of those jobs.  You're right but it doesn't matter. Social Security is not required to show that you can get a job, only that you would be able to perform the job--and the regulations permit them to deny your claim.

They key to being approved is air tight medical records that document the nature, longevity and severity of your impairment(s).  You must also address why you cannot perform any of your past relevant work OR any other kind of work.  You must relate specific, objective medical evidence to your restriction in activities like sitting, standing, walking, lifting, bending, reaching, staying focused, etc.  This is difficult.

If you want the best chance of being approved at the application level, please contact us.  If you have applied and recently been denied, please contact us.  If we accept your case for representation, we will never ask you for money.  If you are approved and back pay is issued, Social Security will pay our fee directly.  If you are not approved, no fee will be due.
Initial consultations are free and without obligation.

CALL (256) 799-0297

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DISABILITY BENEFITS FOR BACK PROBLEMS

Back impairments create the largest area of Social Security disability awards.  Undefined "back pain" isn't enough to get a disability check, however.

Social Security will want a medical doctor to find the root cause of back pain.  Generally, this will fall under degenerative disc disease of the spine or joints.  You will need imaging studies, such as X-rays or better yet, an MRI, to show the cause of the pain.

If the imaging study shows a degenerative disease of the spine or joints, then we must consider the severity of the disease and how it limits your ability to perform work-related activities, such as walking,standing, sitting, lifting, bending, kneeling, crouching, crawling, etc.  To get a disability benefit, you must usually show that (a) you are not able to perform any of your past relevant jobs and (b) there is no other work available in the national economy that you are able to perform.

It is always helpful to have your doctor provide a residual function capacity (RFC) report or a treating source statement.  These statements will specify how severe your limitations are in terms of performing the exertional and postural activities required of work.

Social Security will consider your medical evidence along with your education, age and past relevant work experience to determine whether you meet their rules for disability.  

Here is the bottom line:  If you are found able to perform some type of work that is commonly performed in the US economy, you will probably be found able to work and denied benefits.  On the other hand, if your impairment is judged to be so severe that you cannot perform any full-time work on a "regular and continual basis," you will be approved.  The claimant's age plays a definite part in this determination.

My firm will provide a free case evaluation and determine whether you are likely to meet Social Security's requirements for a disability benefit.  Keep in mind, however, that no one can guarantee how Social Security will rule on a particular claim. 

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IF WE REPRESENT YOU, WE WILL NEVER ASK YOU FOR MONEY.  IF YOUR CLAIM IS APPROVED AND BACK PAY IS ISSUED, SOCIAL SECURITY WILL PAY US DIRECTLY.

SSDI BENEFITS FOR MIGRAINES

Migraine headaches may qualify for Social Security disability benefits, depending on their frequency, severity and response to medication.

 

Three million Americans will be diagnosed with Migraine headaches this year.  The severity ranges from mild to debilitating.  Three questions will determine whether or not these migraines can qualify for SSDI benefits:

 

1)  Are often do they occur?  A migraine that occurs once a month or less often is probably not disabling.

 

2)  How severe are the migraines?  How do they limit your activities?  A migraine that allows you to continue normal daily activities, including work, is not disabling.  However, a migraine that lasts several hours, requires you to lie down in a dark room and stop most activity, certainly may be disabling.

 

3)  How well have you responded to appropriate medical treatment?  If your headaches are relatively controlled by one of the serotonin receptor agonists (triptans), such as Imitrex, you may still be able to work with migraines.  However, if medical intervention has failed and your migraines are still chronic, frequent and severe, you may not be able to work.

 

I often get claimants approved for severe migraines when they can demonstrate with medical evidence that they would miss more than 1 or 2 days per month due to migraines and have tried medical intervention over a long period of time without relief.  Even if a person can go to work with a migraine, how much time would he or she be off task due to pain?  Generally, if a person is going to be off task more than about 10 percent of the time, this is excessive and disabling.

 

I can't emphasize how important it is to have medical evidence from your doctor.  In addition to routine doctor's records, we will try to get a Medical Source Statement from your doctor which explains how migraines limit your ability to do work-related activities, especially in the area of concentration, remembering and following directions, staying on task, etc.  The more complete the medical record, the greater the chance of being approved for disability benefits.

THE FORSYTHE FIRM

PH (256) 799-0297

 

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FIND A SOCIAL SECURITY DISABILITY ADVOCATE IN ALABAMA

Specialists are available to help you apply for, appeal, and get approved for Social Security disability (SSDI) benefits.  These advocates work for you, the claimant, not for the Social Security Administration.

Disabled veterans often need help with Social Security for the following reasons:

1)  Social Security is not bound by the rules of the Veterans Administration.  Just because the VA has found you disabled, Social Security may deny you.  You will need to fight this with an appeal. These appeals are successful more often than not.

2)  Even if Social Security approves your claim, they may deny past due or retroactive benefits, costing you tens of thousands of dollars that are rightfully yours.

3)  You may be entitled to special expedited processing under Social Security rules.  However, Social Security may sit on your claim, ignore their own rules, and delay your case for 2 years or longer.  An advocate will push for a faster settlement.

Choose an advocate who is knowledgeable about Social Security's rules and regulations (the law).  Choose one who is familiar with the unique circumstances of disabled veterans.  Choose an advocate who is local and offers a personalized approach to helping you get approved.

Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
PH (256) 799-0297

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*Contingency Fees:  We work on a contingency fee.  You pay us no money upfront.  We develop your case and bear all associated costs.  If your case is resolved in your favor, and if you recover past due benefits, Social Security will approve a small percentage of your back pay settlement to cover our fee.  If you do not win, or if you do not recover any back pay, we will not charge you a fee. 

WHY VETERANS CAN ALSO GET SSDI BENEFITS

If we represent you, we will never ask you for money.  If your claim is approved and back pay is issued, Social Security will pay us directly.  We never ask you for a payment of fees.

During their years of military service, veterans paid into Social Security and earned credits for working, just like civilians do.

So, when a veteran becomes disabled, he or she is able to file a Social Security disability claim.

Veterans may collect full SSDI benefits in addition to any VA benefits they receive.  

A veteran who becomes disabled while on active duty and eventually receives a 100 percent permanent and total (P&T) rating from the Veterans Administration is entitled to expedited processing by Social Security.  That means a faster decision.

The Forsythe Firm has been handling veterans claims for decades with excellent results.  We offer....

• Free consultations with no oblilgation
• No fee payment until your case is won and paid
• Local, experienced advocates
• Veteran experienced, veteran friendly staff

Convenient location near Bridge Street, 500 yards from Redstone Gate 9.

If you're a recently disabled veteran and need SSDI benefits, we would be honored to speak to you.
Call us at (256) 799-0297.
THE FORSYTHE FIRM
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35801

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VETERANS - GET SOCIAL SECURITY BENEFITS, TOO

Veterans are often eligible to get Social Security disability benefits--in addition to full VA benefits.

That's because you earned Social Security credits during your years of military service.  If you became disabled you can apply for SSDI and receive full benefits--in addition to your full VA disability benefit.

The Forsythe Firm is experienced in helping veterans obtain SSDI benefits.  We offer the following:

• Free initial consultations
• No fee payment until you win and are paid
• Personal service right here in Huntsville
• Convenient location at Bridge Street
• Veteran friendly advocates

Call the Forsythe Firm at (256) 799-0297

 SOCIAL SECURITY JUSTICE

DISABILITY: THE ESSENTIAL QUESTIONS

                                                           THE FORSYTHE FIRM


1)  At what age may I apply for Social Security disability (SSDI)?  Answer:  Adults may apply any time before your full retirement age.  (If you were born in 1948, for example, your full retirement age is 66).  Children may apply any time prior to age 18.  There are special rules for adults who became disabled prior to age 22.

2)  What monthly benefit may I expect from SSDI?  Answer: The benefit amount will vary based on your average wages and work history.  The maximum monthly benefit in 2016 is $2,639.  The average monthly benefit is $1,166.

3) Can my spouse or dependent children also receive benefits?  Answer:  Yes, dependents may qualify for benefits based on the wage earner's disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify. 

4)  Will I get Medicare insurance with my disability benefits?  Answer:  Yes but there is a waiting period.  Medicare starts 29 months after the official onset date of disability for SSDI claims. Note that this is 29 months from the disability onset, not from the date of your decision.  SSI beneficiaries get Medicaid and there is no waiting period for Medicaid.

5)  If my doctor tells me I am disabled and cannot continue working, are disability benefits automatic?  Answer:  No.  You must still apply and prove to Social Security that you are disabled according to their rules.  Many times, such individuals are denied and must appeal in order to get benefits.  Appeals must be filed within 60 days of denial.

6)  I saw my doctor today and he does not think I will be able to continue working much longer.  May I apply for Social Security disability now and keep working until I am approved?  I want to have my claim approved before I stop working.  Answer:  No, the system does not permit this.  You must not be working at substantial gainful activity when you apply for disability benefits.  If you are, you will be denied at Step 1, regardless of the medical evidence.

7)  I am 64 years old and retired. I worked for more than 40 years. I've been receiving Social Security early retirement benefits for about 2 years. I've been healthy until now. Recently, however, I was diagnosed with a severe illness for which there is no cure.  Since I am already receiving Social Security retirement, may I file a disability claim?  

Answer:  Yes, you may.  You are under full retirement age and it appears you have adequate work credits to support a claim.  Also, I assume your recent impairment will last for 12 months or more (the duration requriement), so you may file a disability claim and try to prove disability. As long as you are not working, your present income does not matter for a Title 2 (SSDI) claim.  If your claim is successful, your monthly benefit will be increased to the amount you would have received at full retirement age (payable from the onset date of your disability).  Also, you may qualify for earlier Medicare coverage, in the event you are not yet 65 when your case is decided.  You may continue to receive your retirement benefits while your disability claim is being decided.  Even if you eventually do not get a favorable decision on the disability claim, it will have no impact on your retirement benefits, which you will continue to receive.  So, you risk nothing by filing for disability.  A final thought:  At age 62, it may be easier to win a disability claim, compared to a younger individual, thanks to the medical-vocational guidelines.
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If you have a Social Security disability question that was not answered here, or on one of our many blog posts, please call the Forsythe Firm in Huntsville, AL at (256) 799-0297.
There is no charge or obligation for a consultation.