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Showing posts from January, 2013

ALABAMA DISABILITY CLAIMS

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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

ROCKET CITY DISABILITY

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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

DISABILITY AND RETIREMENT BENEFITS

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

WHO CAN GET DISABILITY BENEFITS?

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

FLORENCE DISABILITY ADVOCATES

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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

CULLMAN DISABILITY/SOCIAL SECURITY

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