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

A successful Social Security disability application has several vital components.  An application should not be quickly "thrown together," for it is a complicated process, especially if it is to have a chance to be successful.  Here are some points to consider for a successful Social Security disability application in Alabama: Severity Requirement .  You must show that your illness or impairment is severe.  You also must prove that it results in more than moderate restrictions of function.  Duration Requirement.  You must demonstrate that your severe impairment has lasted--or is expected to last 12 consecutive months or more - OR that it is expected to end in death (terminal). Insured Status.  It will be necessary to have insured status under Title II disability insurance.  This requires a sufficient work history to have accumulated the required "quarters of coverage." Medical Support.  Your claim should be supported by both objective medical evidenc

Social Security is a federal program but there are some differences state to state.  Alabama's disability program is a little different than other states.  For example, if your claim is denied in Alabama you do not have to go through a "reconsideration" process.  Instead you can ask for a hearing as the next step. In Alabama, 48 percent of cases that go before an administrative law judge are approved or awarded.  The national average is 46 percent. In Alabama it takes about one month longer to get your case decided on appeal.  Alabama's average time is 12.5 months, compared to the national average of 11.5 months. Once you get into a hearing before a judge, the process is pretty much the same in all states.  I have represented claimants in Alabama, Tennessee, Mississippi and other states.  The rule is always:  do your homework, get good medical evidence and put on a good case.   ----------------- The Forsythe Firm  may be able to help you win your Social Securi

Many times, after you apply for Social Security disability, SSA will write you and ask you to report to a certain doctor for a consultative examination.  At this exam, paid for by Social Security, a doctor working under contract with the SSA, will perform an examination to determine the extent of your medical impairments. Many claimants wrongly assume that this doctor will find evidence of an impairment that will help win their case.  Not likely.  Unless you are paralyzed, confined to a wheelchair, require oxygen 24/7, or have some other catastrophic, obviously serious impairment, the consulting doctor will probably fail to find any disabling conditions. Here are some of the factors that I generally assign to explain the fallacy of consultative examinations by Social Security doctors.  I say in general because there are exceptions.   The doctor will probably spend 5 to 15 minutes with you.  He turns out patients like an assembly line.  Unlikely he will find whatev

For some reason the telephone number for Social Security offices can be hard to find.  For the benefit of our readers, the Forsythe Firm has listed some of the most requested Social Security offices in North Alabama - and their telephone numbers.  Most offices are open 9 AM to 3 PM, except Wednesdays - open each Wednesday from 9 AM to noon. Athens Social Security office - call the Decatur, AL office at 888-289-9185 (There is no office in Athens). Florence Social Security office - 855-884-3407 Huntsville Social Security office - 866-593-0665   Decatur Social Security office - 888-289-9185 ------------------------------------------------ For help with a Social Security disability claim, call the Forsythe Firm - disability advocates - at (256) 799-0297.   Note that the Forsythe Firm is not affiliated with the US Social Security Administration.

When Social Security denies you disability claim there are 2 things you can do:  give up or fight.  We are here for those who won't give up. Unfortunately, the state agency that takes the first look at Social Security disability claims denies 70 percent of them straight out.  The claimant gets a letter with a very simple, if incorrect, statement:  "You do not qualify for Social Security disability benefits.  This is because you are not disabled under our rules." The fact is, that statement is just plain wrong in at least 50 percent of cases.  The truth often is, somebody evaluated the claim wrong, came to an erroneous decision, failed to apply the law correctly, or did not have all the medical evidence to make a decision.  Can these erroneous decisions be corrected? Yes!  That's why Social Security has an appeal process.  In Alabama, we take a hard look at why that claim got denied.  If there is no good reason, we begin the appeal process by asking for a hearing

"Each profession speaks to itself in its own language," someone said.  This is true of Social Security disability.  When a group of Social Security attorneys, advocates, judges or case workers get together, it may sound like they are speaking a foreign language. I thought it would be good to list and define a few of the terms and definitions that we hear in Social Security lingo.  So here goes: Some basic disability terms and what they mean Alleged Onset Date or AOD - the date at which the claimant says he/she first became disabled.  This need not be the date of the disability application, but may be an earlier date. Amended Onset Date - This is a change of the date in which the claimant alleges to have first become disabled.   Established Onset Date - is the date Social Security finds an individual to have first become disabled.  It may be the same as the alleged onset date, or it may be different. Residual Functional Capacity (RFC) - the maximum exertional a

The fees that may be charged by Social Security representatives are highly regulated by Social Security law. Generally, you can only be charged a fee if you claim is successful.  And only then if you are paid past due or retroactive benefits.  "Back pay," as it is also called, accumulates when your case drags on a long time, usually  because it was denied and had to be appealed.   A US administrative law judge must first approve the amount of the representative's fee before it is paid.  There is a maximum (cap) applied to the amount of fee that may be charged.   Actual out-of-pocket expenses may be charged, however, and there is no legal requirement that those expenses apply only to successful cases.  I am not aware of any representatives that pass on expenses for cases that are not successful but it is not prohibited. -------------------------------------------------- THE FORSYTHE FIRM www.Get-SS.com 7027 Old Madison Pike, Suite 108 Huntsville, AL 35806 (256)

For disability applications, Social Security uses the following age categories: 18-44 - a younger individual.  A claimant would either need to meet one of the Listings or show that he cannot perform even sedentary work.  If an individual does not meet or equal a Listing, can perform even sedentary work and is able to read and write English (even with a poor education) he will have a difficult time winning an award at this age.  Exceptions would be if the claimant has an extremely catastrophic illness, severe mental retardation, or if he/she meets a listing. Ages 45 - 49 - still a younger individual but Social Security realizes that the occupational base may be somewhat more limited for persons who are age 45 and over.  If the applicant does not meet or equal a Listing, is limited to either light or sedentary work and is literate (reads and writes in English) - he will likely be found not disabled.  There are exceptions for profound conditions which severely limit functional act

In 2013 the maximum monthly benefit for Social Security disability is $2,533.  The maximum federal benefit for Supplemental Security Income is $710 per month. (Some states add a small state benefit to the federal amount).  If a claimant is receiving at least $710 per month from SSDI, they will not qualify for additional SSI benefits. The amount of the SSDI monthly payment is determined by how much you have worked and the amount of your wages over the last several years.  Persons who have worked recently and have earned higher wages will receive a larger monthly benefit.  In order to be covered by SSDI, however, an individual must have the required minimum "quarters of coverage."   For disability coverage under Social Security, a worker generally needs to have 20 quarters of coverage during the last 10 years and be fully insured.  In 2013, earnings of $1,160 in a quarter satisfy the requirement for one quarter of coverage.  For past years, the amount of earnings required t

It is unlikely that a person will qualify for both Social Security disability (SSDI) and Supplemental Security Income (SSI) at the same time, but it is possible. That could happen if your SSDI monthly benefit was very low (below $710 per month).  In that case, SSI could add to your benefit, up to the maximum of $710 per month in 2013.  SSDI benefits could be low because you haven't worked recently or because you made low wages. Social Security disability payments count toward income for purposes of SSI eligibility.  If your SSDI benefit is $710 per month or greater, it will disqualify you for SSI payments. SSI also has resource restrictions, which are $2,000 for an individual or $3,000 for a couple. Certain types and amounts of resources may be excluded. Applying for both SSDI and SSI is called a "concurrent claim."  Your local Social Security office can tell you which type of benefit you may qualify for based on wages, income and resources. SSI claim

Sometimes we get questions about a partial disability award from Social Security.   The VA will often award veterans a 30 percent disability, etc.  Some workers compensation claims are awarded on the basis that an individual suffers from less than 100 percent disability but still has some partial loss. In Social Security, however, it is "all or none."  You are either disabled or you are not.  There is no such thing as 30 percent or 50 percent disability.  You have to be 100 percent disabled or you not disabled - nothing between. What is the definition of "disabled" for Social Security?  You have to be disabled by a mental or physical impairment which is medically determinable.  You have to have such a severe impairment that you cannot perform any of your past relevant work (the work you have done during the last 15 years) - or any other work which exists in significant numbers in the national economy. There is also a duration requirement.  Your

Social Security has made it easier to get disability for individuals who are age 50 or more , and who have impairments that make it difficult for them work. Social Security disability rules are easier at age 50 or above.  That's because disabled workers who are older have fewer occupational options than younger workers. My firm handles Social Security disability claims for persons of all ages.  However, we give special consideration for individuals who are age 50 or over , who have an impairment that is expected to last 12 months or more, and need disability income. There is no fee to speak with us.  In fact, we never charge a fee unless you collect benefits and get paid a lump sum settlement for back pay.  Call us today.  A local, experienced advocate who understands Social Security disability will be glad to speak with you at no cost or obligation. THE FORSYTHE FIRM www.Get-SS.com 7027 Old Madison Pike "Across from Bridge Street" Huntsville, AL 35806 PHONE:  (2

Social Security places workers who are age 50 and over in a special category that may help them collect Social Security disability benefits.  Social Security "lowers the bar" when it comes to proving disability after age 50.  And at age 55, it gets even easier.  Individuals who are 55 or older are considered "approaching advanced age." The "Grid Rules" work in favor of older workers.  Here's an illustration. John is a 39 year-old worker with a condition which limits him to sedentary work.  He has a high school education, unskilled past work and no special vocational skills.  He is literate, able to read and write in English.  The Grid Rules will direct a finding of "not disabled." Denny is a 56 year-old worker with a condition which limits him to sedentary work.  He has a high school education, unskilled past work and no special vocational skills.  He is also literate, able to read and write in English.  The Grid Rules will direc

Alabama, along with 9 other states, has streamlined the process for applying for Social Security disability.  If your initial claim is denied at the first level (most are), you no longer have to waste time with the "reconsideration" stage.  Instead, you may appeal directly to an administrative law judge and ask for a hearing.  The hearing judge has authority to give you a new and better decision on your claim (and often does). In north Alabama, hearings are held in many locations, including Florence, Huntsville, Decatur, Cullman, Jasper, Gadsden and Anniston.  Social Security tries to schedule hearings within 75 miles of the claimant's home. You are entitled to be represented at your hearing, which is a good idea.  In fact, most judges will not hold a hearing for an unrepresented claimant unless the claimant signs a waiver.  The judge will usually recommend the hearing be postponed to give the claimant time to find representation. You cannot be charged a fee for Soc

Huntsville, known the world over as "the Rocket City," is blessed to have a vigorous, diversified economy that brings with it an almost unequaled quality of life, when compared to almost any other city its size. In spite of that, we have to realize that there are many individuals in the Huntsville area who are disabled and need financial assistance.  One of the bulwarks of financial help available to the disabled is the US Social Security disability insurance program (SSDI).  The problem with SSDI is that it can be difficult to access.  Unfortunately, in safe guarding the system from abuse by unqualified claimants, Social Security has made it difficult for qualified individuals to obtain disability benefits quickly or easily. The entire industry in which I work is geared toward taking disability claims that have been wrongfully denied, appealing them, and eventually collecting benefits.  The key word is eventually .  An appeal can take 18 months or more, leaving the disab

Here's a question from the mail bag this week. An individual is 63 year-old and has been receiving early retirement benefits from Social Security for one year.  Since starting the retirement benefits, he had heart problems and believes that he has now become disabled.  Can he apply for Social Security disability while receiving partial retirement benefits?  Will filing for disability benefits interfere with his monthly retirement check while the claim gets decided? Answers.  Yes, a person who is receiving partial retirement benefits (prior to their full retirement age) can file for Social Security disability.  Such an application will not interfere with their retirement benefit, which will continue as usual until the disability claim is decided.  If the disability claim is approved, the monthly benefit amount will increase to equal the "full retirement benefit" that would be available at the claimant's full retirement age.  He cannot receive both retirement and di

Social Security disability benefits are available to individuals with severe, medically determinable physical or mental impairments.  There are no particular diseases or impairments that you must have to qualify.  You must be unable to work for at least 12 months, or have a condition that is expected to end in death.  You also need to be below the full retirement age. How will Social Security determine if you are disabled?   You will begin by filing a detailed application and several questionnaires.  Social Security may send you to see one of their consulting doctors for an examination (not all claimants get examined).  A decision usually takes 3 to 4 months. What percentage of claims are approved?  At the application level, slightly less than 30 percent of all claims filed in Alabama were approved in 2012.  Yes, there is a 70 percent denial rate. What hope do I have of ever receiving benefits?  You have 60 days to appeal a denied claim without losing benefits (or money).   While

The Forsythe Firm, Social Security disability advocates, is active in the Florence, Quad Cities area of North Alabama.  The busy hearing office in Florence handles a few thousand disability hearings each year. As of this writing, the Florence office has 3,884 cases pending.  Nine administrative law judges work in the Florence office. The average processing time is 322 days.  The Florence office awards 53 percent of the cases heard there.  This is slightly higher than the national average.  61 percent of the hearings in Florence are in person, while 39 percent are conducted by video tele-conference. If you have a disability hearing coming up in Florence, prepare your case well.  The process is tough and demanding.  No one is rubber stamping disability decisions these days.  Expect thorough questioning and close scrutiny of the medical evidence.  Best odds go to persons age 50 or over with serious medical or psychological impairments.  Back, spinal or skeletal impairments win more aw

The Cullman County region is served by the Forsythe Firm, a north Alabama firm of disability advocates dedicated to getting you all the disability benefits you deserve--including Medicare, a monthly  benefit check and back pay for all the months you were denied benefits  by mistake. We pride ourselves in having recovered almost 90 percent of the cases we represented in 2012.  We have recovered hundreds of thousands of dollars for hundreds of disability claimants who were denied by Social Security.  Most denied claims can be recovered (won) on appeal.  Our firm has the knowledge, experience and motivation to get your benefits.   We are local members of the two largest professional associates of Social Security  claimants in the United States:  The National Organization of Social Security Claimants Representatives (Nosscr) and the Association of National Disability Representatives (NADR). Contact us today if we can help you with a Social Security disability or SSI claim.  Never an