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

We are pleased that AARP has listed the Forsythe Firm in their magazine.  AARP is one of the organizations that consistently fights for the rights of the disabled, especially individuals over age 50. To view our listing in AARP, simply click on the link below. http://local.aarp.org/yp/the-forsythe-firm-7027-old-madison-pike-nw-108-huntsville.html If the Forsythe Firm can be of assistance to you in a Social Security disability matter, please call us directly at (256) 799-0297 .   View Our Webpage Here Evaluation of your claim - Are you eligible for Social Security disability benefits? Helping you file a new disability application Assistance with widow's or dependent's benefits Appeal of a recent unfavorable decision Exploring options in a Social Security disability matter. FREE CONSULTATIONS - Never a fee unless we represent you and you win.

Starting in 1957, members of the US armed forces have paid Social Security tax on their military earnings.  This makes them eligible for Social Security disability benefits if they become disabled. A disabled service member may receive Social Security benefits in addition to VA disability receive Social Security benefits while getting active duty pay from the military  receive Social Security benefits without decreasing or delaying VA disability and/or pension benefits.  VA and Social Security disability programs are totally distinct and do not interfere with each other or "offset" each other.  The rules of eligibility are somewhat similar; however, they are not identical.  One major difference is that the Veterans Administration may award partial disability awards, while Social Security is an "all or none" proposition.  You are either disabled or you are not.  Social Security has no partial disability.

"The vocational expert is a highly trained professional and so is the administrative law judge.  If the unrepresented claimant is not a well trained and experienced professional, he/she will be the only person in the hearing who is not. This is a recipe for disaster. " In nearly all adult disability hearings, judges will call a vocational expert to testify.  These experts are typically vocational rehabilitation counselors.  They have two functions at a Social Security disability hearing: One function is to categorize your past work experience and classify it as to exertion and skill level.  For instance, if your past work was a general cashier as performed in a grocery store or other retail outlet, it would be classified under DOT code 211.462-014, as light work with a Specific Vocational Preparation (SVP) of  2, which is unskilled work.  SVP is determined by how much training it takes to prepare for the job. The lower the SVP number, the lower the required

The bankruptcy of Binder and Binder, the nation's largest Social Security disability firm, points out how important it is to offer personal, individualized service to clients.  There is nothing inherently wrong with being a large firm.  However, we must never forget that successful representation is a personal matter, requiring individualized attention to the disabled person and careful development of his or her case. I don't ever want clients (or potential clients) calling my firm and not being able to speak with a partner or principal.  And I never want clients to call my firm and have to speak to someone who doesn't know their name.  That's too impersonal. Here are some questions I think are very important when you think about hiring a representative for a Social Security disability matter: Who am I going to be dealing with?   How much access will I have to an owner, partner or principal person in the firm? Will I have one advocate who will stay with my ca

Sometimes I hear individuals say, "I don't need a lawyer or advocate because the employees at the Social Security office will help me for free." Although it is improper for them to do so, someone at Social Security may tell you that you don't need a lawyer or advocate, you can do everything yourself.   Make no mistake about it:  Social Security employees are not your advocate.  An advocate is someone who is on your side and is dedicated to helping you win your claim.  That is not true of a Social Security employee.  They are employees of the US Government and cannot take your side in a disability claim or application.  They may provide you with information or forms, or tell you about procedures or policies--but they cannot take action to influence a favorable outcome of your claim. Your own advocate can fight for you and try to influence the decision that Social Security makes.  Your advocate has a goal of winning your benefits for you.  Here are some things you

I applied for SSDI benefits over 2 months ago.  How long does a Social Security disability claim take to receive a decision? In Alabama, you're looking at 3 to 4 months on average.  If your application was complete and perfect, it depends on how long it takes doctors to respond to requests for your medical records. Most applicants get a decision from the Disability Determination Service (DDS) within 4 months.  You may want to call DDS about once a month to see if there are any delays in your application, such as a doctor who won't send in your medical records. If you are denied by DDS, you must file an appeal within 60 days of the denial notice.  To get before a judge for a hearing will take about 11 to 12 months after you file your request for hearing, or appeal. Assistance with a Social Security disability claim may be obtained from the Forsythe Firm in Huntsville, AL by calling (256) 799-0297.  There is no charge for any service we perform for you until you win and

A client recently told me that he had called the Social Security office about filing a disability claim.  A person there told him that he does not need a representative or attorney, he can do everything himself. That is partly true but may not be sound advice.  A person may file his own claim.  But he may not know how to effectively advocate for himself or win the claim. Make no mistake about this:  Employees of Social Security are NOT your advocates.  They cannot actively help to get your claim approved.  They are not allowed to argue the merits of your case.  They are, at best, neutral employees of the US government.  They can give you forms, tell you how to apply, who to call, etc.  But they cannot undertake to effect a particular outcome of your claim the way your attorney or advocate can. If you are applying for Social Security disability benefits, you have the right to representation.  You have the right to someone who is going to fight for you to win.  Someone who has a ve

To get Social Security benefits, you must prove you are disabled according to a large body of law that regulates the system.  These laws and regulations are found, in part, in the Social Security Act, as Amended; in the 20 Code of Federal Regulations § 404; and in various federal and appellate court rulings that have occurred over the years.  For purposes of this discussion, I will limit myself to brief and practical tips that will help you during the application process. Fill out the application and all of the related forms fully, accurately and carefully.  You will need not only the application for benefits, but also a Work History Report, Function Report and Adult Disability Report.  These forms amount to dozens of very detailed pages.  Many applicants skimp on them, leaving them off completely or skipping over the forms.  This can get you denied and it usually will.k List all of your treating doctors, psychologists, psychiatrists, counselors and even your pharmacy, on your Disa

Winning Social Security disability can often depend on the severity of your impairments your age your education past work history having good medical evidence Since Social Security disability is governed by a very complex set of rules and regulations, it is important to know what you must prove - and how to go about proving it. This post will focus on WHAT you must prove.  Another post on this same blog will focus on HOW to go about proving your case. Here is what you must prove:   You are not now working at substantial gainful activity (SGA) - i.e., earning at least $1,070 per month. You have a medically determinable impairment (documented by a doctor). A Residual Functional Capacity (RFC) must be established.  This means, what is the most you can do in terms of work related activity?  How much can you lift?  How long can you sit, stand, walk?  How often can you bend, stoop, reach, crawl, climb, etc.? You must prove that you cannot perform ANY of your past work (going

Here is what the law requires Social Security to do in order to determine if you meet the definition of "disability" and qualify for benefits. 1)  Determine whether you are present working at "substantial gainful activty."  In 2014, this means earning at least $1,070 per month, gross. 2)  Find that you have one or more severe medically determinable impairments (other than drug or alcohol abuse).  A doctor's medical record is essential at this step. 3)   Find out whether your impairment is severe enough to meet a Listing.  If not, Social Security must determine your "residual functional capacity," which means the most you can do with regard to work related activity. 4)  Determine whether you can perform any of your past relevant work--which is usually the work you have performed at substantial gainful activity level during the past 15 years ( and did the work long enough to learn how to do it). 5)  If you cannot return to any pa

To determine whether you are disabled, Social Security is required to use a five step process.  Step 4 asks if you can perform your past work.  If not, they move on to step 5, which asks, Can you perform any other work that exists in the US economy? That term "any other work" is so general that it includes literally millions of jobs to be considered.  Many of the "other work" jobs will be unskilled, requiring little education or training, perhaps not even the ability to read or write.  Another problem, many of those jobs will be at the sedentary exertion level, requiring no lifting over 10 pounds occasionally and the ability to stand for only 2 hours out of an 8 hour workday. If the vocational "expert" called to testify by Social Security says that you can perform 2 or 3 of these "other jobs," it gives the judge an option to deny your benefits.  This is called a Step 5 denial. There are several defenses to the Step 5 denial.  The first and

Why Vocational 'Experts' at Your Disability Hearing Are a Farce.   When you walk into a Social Security disability hearing, there is nearly always a vocational witness called by Social Security to give testimony.  These vocational 'experts' are supposed to be neutral, even though they are paid by Social Security.  (It's a little like a die hard Auburn fan trying to be neutral at the Alabama-Auburn game.  Or an undertaker pretending to be sad at a $20,000 funeral).  The judge will ask the vocational witness two types of questions:  (1) to classify your past work with a skill level and an exertion level .  Skill levels are unskilled, semi-skilled, and skilled.  Exertion levels are sedentary, light, medium, heavy and very heavy .  (Exertion levels are based primarily on how much lifting, standing and walking the job involves).  (2) Are there any jobs in existence in the national, regional or local economy that the claimant can still perform?  (If the answer is &q

Veterans Disability Huntsville Website   There has been a lot of news lately about problems in the Veterans Administration (VA) and how it is not adequately serving the needs of all veterans, especially the disabled vets. What many veterans should know is that they don't have to depend solely on the VA for financial help.  Disabled veterans are also eligible to apply for Social Security disability benefits, which can pay up to $2,600 per month in cash benefits. Getting Social Security disability benefits will not reduce benefits from the VA.  Veterans who qualify can receive full VA benefits plus Social Security disability benefits. This is because veterans paid into the Social Security disability program during their years of active military service, and afterward.  They are covered by Social Security just as any other individual who paid into the program. In fact, starting in March 2014, Social Security provides an expedited decision making process for v

Medicare is a health insurance program for the elderly and disabled.  There are two ways in which an individual may qualify for Medicare coverage. The first way is by reaching age 65.  You are entitled to receive Medicare on the first day of the month of your 65th birthday.  You can receive reduced retirement benefits from Social Security as early as age 62 but this does not qualify for Medicare.   The second way to obtain Medicare is to be disabled prior to age 65.  Medicare will begin at the earliest of the following dates:  the date you become 65 years of age, OR 24 months after you qualify for Social Security disability payments. For example, if you were found to have first become disabled under Title II on February 15th, you would not receive payment for the first 5 full months, the waiting period.  Your first date eligible for payment would be August 1st.  24 months later you would become eligible for Medicare (assuming you did not turn age 65 prior to the expiration of the

In a Social Security disability hearing, we often get down to the 5th and final step of the sequential evaluation.  Does there exist any work that the claimant could perform, given his/her specific limitations?   If there is, the individual is not disabled under Social Security rules. Nearly always, the vocational expert present (called by Social Security) will find jobs that the claimant could perform.  One of those jobs that I find particularly irritating is "surveillance system monitor." It is an unskilled sedentary job with low requirements for reading and math.The expert will point out that it requires little or no walking, no lifting, and no bending. In fact, a person can sit down all day and do this job, or alternate betwen stand/sit as he wishes.  The job was last updated in the Dictionary of Occupational Titles (DOT) in 1986, 28 years ago!  So any information given by the vocational witness is out of date! The DOT actually refers to the job as "survei

advocate, (n) - someone who stands for another and pleads his case; someone who argues in favor of another's point of view, as an attorney or defense counselor A disability advocate is a trained professional capable of dealing with the US Government on behalf of disabled individuals who have applied, or wish to apply, for Social Security disability benefits. Why is an advocate needed?  First, because the laws and regulations regarding Social Security benefits are so massive and complex.  Social Security disability claims are governed partly by the Code of Federal Regulations, Part 404.  They are also governed by the Social Security Act itself, including dozens of amendments.  If your application does not meet the specific requirements established for disability, it will be denied.  70 percent of all disability applications filed in Alabama are denied by Social Security. Another reason you need an advocate is understanding the procedural order of the Social Security s

Sponsored by the Forsythe Firm in Huntsville (256-799-0297), here are frequent questions about Veterans receiving Social Security disability benefits.  We hope these are helpful to vets.  Call us if you have a question. Q.  May veterans receive both VA disability and Social Security disability at the same time? A.  Yes.  Veterans paid into Social Security and are covered if they become disabled. Q.  If a veteran is 100% disabled according to the VA, will Social Security automatically recognize that disability? A.  No.  Social Security has its own rules which are not the same as the Veterans Administration.  However, a vet with 100 percent permanent VA disability qualifies for an expedited decision on the Social Security disability claim.  Instead of waiting up to 4 months for a decision, vets may get a decision in a few days. Q.  Will receiving Social Security disability reduce benefits from the VA? A.  No.  Social Security and VA benefits do not "offset"

Social Security will usually concede that you cannot do any of your past relevant work, but that you can do something .  It's that something (other work) that gets you denied. At a disability appeal hearing, there are 2 central figures besides the claimant and his representative.  One figure is the administrative law judge, the other is the vocational expert that Social Security has called to testify about available jobs in the local, regional or national economy. The judge will lay out a hypothetical situation based on what he/she believes to be the claimant's ability to perform certain work related activities, such as walking, standing, sitting, reaching, bending, concentrating, following directions, etc.  The vocational expert (who is being paid by Social Security) will give examples of jobs that the claimant could still perform, and tell how many of those jobs exist in the US and state economy. Social Security's regulations require it to use an ancient publicati

Assuming you meet all the other requirements, Social Security will move to the final 2 steps in deciding whether you are disabled.  I will explain these steps, especially Step 5, which deals with the "other work" issue. At Step 4, Social Security must decide "Can the claimant perform any of his/her past relevant work" or PRW?  This is work you have performed at a full-time level during the past 15 years.  For example, if you have worked as a house cleaner, assembly line worker and cashier during that period, the question is, can you now perform either of those jobs?  If not, you pass the Step 4 test and move to Step 5, the final step. At Step 5, the question is much broader.  "Can the claimant perform any other work that exists in significant numbers in the national, regional or local economy.?  If so, Social Security is find you are "not disabled." It doesn't matter that the "other work" pays much less than the work you are accus

Let's begin with requirements to qualify for Social Security disability in Alabama: BASIC REQUIREMENTS You have worked enough to be covered by SSDI.  For most people, you have worked 5 out of the past 10 years.  Younger people have different standards. You are not presently working at "substantial gainful activity" (SGA) level.  In 2014, you are not earning at least $1,070 per month before tax or withholding. You have a significant medical impairment (physical or mental) which has lasted or is expected to last at least 12 consecutive months.  (Social Security has no "short term" disability).  This impairment must be medically determinable, that is, can be found and treated by a doctor of medicine, psychologist, etc.  (You do NOT have to be off work 12 months before you file a claim; your condition is expected to last that long).  Social Security determines that you cannot perform any of your past relevant work (work you have performed within the past 15

HUNTSVILLE, AL --  June 19, 2014.  The Social Security Administration is looking for veterans who qualify for disability benefits from Social Security. Even if you currently receive disability benefits from the Veterans Administration, you may also qualify for full disability benefits from Social Security.  This is because US military personnel pay Social Security tax and are covered for benefits. The requirements for obtaining Social Security disability are different than requirements for VA disability.  The process is also quite different.  Being qualified for VA disability does not automatically qualify for Social Security but veterans often qualify for both. Here are some facts that veterans may not know: If you have 100% permanent disability with the VA, there is an expedited process for Social Security claims. The medical requirements for Social Security are different from the requirements for VA disability.  Getting Social Security disability does not reduce your VA

Veterans may qualify for Social Security disability benefits in addition to VA benefits.  The Forsythe Firm in Huntsville helps many veterans and dependents of military families to obtain Social Security disability benefits. The qualifications for Social Security disability are distinct and different from VA disability requirements.  The process can complex and lengthy. There is an expedited decision making process for veterans who have a 100 percent permanent disability rating from the Veterans Administration.  We are often able to obtain decisions in less than 21 days. The Forsythe Firm specializes in helping Alabama veterans to apply for and obtain Social Security disability benefits.  No charge is made unless benefits are obtained and include retroactive or "past due" benefits. Past due benefits accrue when the adjudication process is delayed or the claim has to go through an appeal to be won. "Our clients never put out-of-pocket money at risk by choosing

  Alabama is a "prototype state" for disability.  This means if your disability claim is denied you may go directly to the hearing process, skipping the "Reconsideration" process that is required in the 40 other states.  This can save the claimant 3 or 4 months.  Below are the major considerations in an Alabama Social Security disability claim, according to the Forsythe Firm in Huntsville. Insured Status .  You must first be covered under Social Security disability or Title II insurance.  This coverage is obtained by working and paying FICA taxes through payroll deduction. Severity.   You must have a medically determinable impairment that presents symptoms severe enough to prevent you from working, or symptoms which significantly interfere with your ability to work. Duration .  Your impairment must last or be expected to last a minimum of 12 consecutive months, or to end in death. Burden of Proof .  The claimant must prove that he/she is not able to work

When you apply for Social Security disability in Alabama your claim is first handled by your local Social Security field office.  Once they have all the initial application forms, they send your claim to the Disability Determination Service (DDS) in Birmingham. The DDS is a state agency that works under a contract with Social Security.  The DDS will gather medical records and evaluate work history and job skills to determine whether the claimant meets Social Security's rules to be disabled. The person who handles your claim at DDS is called a "disability specialist."  This person typically handles about 80 cases at a time.  The DDS process is fairly mechanical.  Sometimes the claimant is sent to a doctor or psychologist for a consultative examination paid for by Social Security.  These consultative exams are rarely helpful to the claimant, a fact we have discussed on a previous listing. When the disability specialist at DDS has worked up the file, it is sent to a me