Alabama Social Security Disability Guide - by The Forsythe Firm - (256) 799-0297.

I want to use this space to briefly discuss the process a person goes through in obtaining Social Security disability.  You may also want to view  our main website to learn more about us. The first step is to file an application for disability and/or SSI benefits at a local Social Security office - or by calling 1-800-772-1213.  (SSI cannot be filed by phone). Allow 4 to 6 months for a decision and be aware that about 75 percent of initial applications are denied.  That is not the final say - so don't stop there! The next step will be an appeal.  In 40 states, there is a "Reconsideration" stage, which is the second step.  The results in this stage are usually poor, also.  In 10 states (Alabama included), you may skip Reconsideration and appeal directly to an administrative law judge. It takes several months to get a hearing scheduled, up to a year or more, in fact.  You cannot draw benefits while waiting for the hearing.  However, if the...

In July 2012 Social Security issued Ruling SSR 12-2p on fibromyalgia.  This ruling states that fibromyalgia may be a medically determinable impairment when established by appropriate medical evidence and it can be the basis for a finding of disability.  Social Security has instructed all its administrative law judges and other adjudicators to follow SSR 96-7p to evaluate a claimant's statement about symptoms and functional limitations. For years, fibromyalgia was a little understood disorder and some Social Security judges did not consider it to be a "medically determinable impairment," for purposes of disability benefits.  Judges often ruled that disability could not be established merely on the basis of symptoms and that a medically determinable impairment must be deomonstrated by medical signs and laboratory findings.  There is no laboratory test for fibromyalgia.  It is usually diagnosed by exclusion of other disorders and by locating tende...

Vocational evidence in a Social Security disability case is to be ignored or minimized at your own peril.  I think sometimes so much emphasis is placed on medical evidence that the vocational evidence is neglected.  Here are examples of what is meant by "vocational evidence." What is your level of education and training? What kind of work have you done for the last 15 years? How was the past work categorized:  skilled, semi-skilled or unskilled? What is your exertional level:  sedentary, light, medium, heavy or very heavy? What kind of jobs, if any, are you still able to perform? Those things are important because of the very definition of the word  disability  used by Social Security.  Under Social Security law, you are disabled if you have a serious medically determinable impairment that keeps you from working, or is expected to keep you from working for 12 months or more--or is expected to end in death. In a nutshell, if Social Securit...

When your Social Security disability claim is denied, you ask for a hearing.  That sends your claim to a special judge within the Social Security administration.  The judge may ignore all decisions previously made and render a new decision on your claim.  As  a disability advocate , I find that two kinds of medical evidence is important to present to the judge at a hearing: One type of evidence is what I call "raw medical data."  This would include notes from doctor's office visits, laboratory tests, X-rays, MRIs or other imaging studies, etc.  The purpose of this  raw data  is to prove that you have the conditions you claim to have. However, this data is often not sufficient to win your disability claim.  The second type of medical evidence I want to submit is what I call "opinion evidence."  A doctor reviews the patient's medical data and draws conclusions about it.  In particular, I want the doctor to state how the patient's m...

Social Security will consider mental impairments or illnesses on an equal basis with physical impairments when it comes to awarding disability benefits.  Any number of psychological impairments may qualify.  A few of the more common ones include bipolar disorder, anxiety, depression, panic disorder, schizophrenia, retardation or delayed development, obsession-compulsive disorders, and many more. Social Security is required to use the same sequential process to evaluate mental or psychological disorders.  Very briefly - and without explanations - here is an outline of the five-step sequential process. Is the claimant now working (earning at least $1,010 per month before taxes)? Does the claimant have a severe and medically determinable impairment? Does the claimant meet a listing?  If not, what is his/her residual functional capacity? Can the claimant perform any of his/her past relevant work (work done in the past 15 yrs.)? Is there any other work that a cla...

The Forsythe Firm in Huntsville represents the disabled in their attempt to get Social Security disability benefits. Marvin is a 44 year-old construction worker who has herniated cervical and lumbar discs and recently underwent a cervical fusion surgery, which will not eliminate all his pain and symptoms. He applied for Social Security disability in late 2010 and was denied in April of 2011. Social Security agreed that Marvin* could no longer do construction work but stated that he "can do other work." Marvin believed them. He looked for other work for months but couldn't find anything that he could do. In September of 2011, Marvin came to my office looking for help. Here is how I figure it: Marvin  is  indeed  disabled, in spite of what Social Security said in their letter. Marvin almost certainly could've won his claim with back benefits if he had appealed within the time limit. His 60 days for appeal had expired back in July - so his claim is now as dead as ...

Back trouble is one of the leading causes of disability.  It comes in many forms, including degenerative disc disease caused by arthritis, osteoarthritis, bulging  or herniated discs, stenosis or a variety of other back related problems.  Back pain can also affect the use of upper and lower extremities and severely limit the ability to lift, bend, reach, stoop, walk or sit. Social Security recognizes serious back disorders as disabling conditions and with the proper evidence may award disability benefits - including back pay (no pun intended). An experienced disability expert may be able to help you file a disability claim or appeal a claim that was recently denied.  Preparing evidence for a  Social Security disability claim  can be a complicated and time consuming chore.   A professional firm such as  the Forsythe Firm of Huntsville AL  will offer free consultations and represent qualified claimants on contingency, meaning that no fee is...

An affective craftsman will always have the proper tools on his tool belt.  The Social Security disability advocate is no different.  He or she must have the proper tools and know how to use them effectively to win your disability case.  Let's talk about a few of the tools that your disability case will require. Medical Evidence.   This is a record of your treatment from doctors, psychologists, therapists, hospitals, clinics or other providers who have treated or examined you.  It should include a diagnosis, prognosis, level of severity, treatment procedures, dates, etc.  Acceptable medical sources for Social Security are medical doctors and licensed clinical psychologists.  Evidence from other sources may also be used. Vocational Evidence (VE).   Here is another useful item in our tool belt. Vocational evidence includes your age, level of education or training, skills and work history - especially work you did during the ...

Q.  Who makes the decision whether I am disabled or not? A.  Social Security hands off that decision to a state agency known as the Disability Determination Service. Q.  If my claim is denied what should I do? A.  File a written request for a hearing within 60 days of the denial--if you live in Alabama.  If you live in Tennessee, file a written request for "Reconsideration," which is different than a hearing.  Procedures differ between Alabama and Tennessee but the 60 day rule applies in both states. Q.  If I hire an attorney or representative, how is he or she paid? A.  If you win the case, Social Security will withhold an approved fee out of your accrued back pay and pay the representative.  The typical charge is 25 percent of back pay, which is the maximum amount allowed by law.  If you don't win there is no fee. Q.  What's the timetable for Social Security disability decisions? A.  Times vary by location but here is...

The past 18 months have brought a rapid change in the Social Security disability environment. Award rates among US administrative law judges have fallen dramatically since the last quarter of fiscal year 2010. Judges that once averaged 60 percent favorable decisions may now average 40 percent or less. That is a drastic change. The result is very simple - it is now more difficult to get Social Security disability benefits. If a case is borderline it is probably going to be denied, whereas a year ago the same case might well have been awarded. What's to blame to this downturn in Social Security disability awards? Everyone has a theory, so here is mine. First, I think there is a psychological impact of being told day in and day out that the Social Security trust funds are going broke. The latest projection now gives the disability trust fund only until 2016 before it starts paying out more than it brings in. In other words, by 2016 the reserves will have been used up. Most experts s...