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Showing posts from December, 2014

THE FORSYTHE FIRM - OUR AARP LISTING IN HUNTSVILLE

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.

WHY VETERANS MAY GET SOCIAL SECURITY DISABIILTY

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.

PLAN FOR THE EXPERT WITNESS AT YOUR HEARING

"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

IMPORTANCE OF INDIVIDUAL SERVICE

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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

COMMON MISTAKE - BELIEVING SOCIAL SECURITY EMPLOYEES ARE YOUR ADVOCATES - NOT!

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

HOW LONG DOES A DISABILITY CLAIM TAKE?

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

DO YOU NEED A REPRESENTATIVE?

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

HOW TO PROVE YOU ARE DISABLED

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

HOW TO WIN SOCIAL SECURITY DISABILITY

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