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Showing posts from January, 2015

NEED SOCIAL SECURITY DISABIITY IN HUNTSVILLE

If you live in Huntsville or Madison County, Social Security disability claims begin at the local Social Security office on Research Drive NW in Huntsville.  However, they do not stay there long. Within a couple of weeks, the claim will be transferred to the Disability Determination Service (DDS) in Birmingham.  It is DDS that will make the first decision concerning whether you are eligible for disability benefits or not.  Sadly, about 72 percent of the time, they will deny benefits. If you appeal that decision, and you certainly should, your claim will move again.  It will probably end up at the Office of Disability Adjudication and Appeal (ODAR) in Florence, AL where an administrative law judge will be assigned to your claim for a future hearing (about 11 months away). The ODAR office in Florence now has about 6,000 claims under appeal.  That's why it will take at least 11 months to get a hearing. Below are some brief things to keep in mind if you are headed to an appeal.

THE BIG HOUSE WITH THE MONEY IS HEAVILY GUARDED

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Imagine it this way.  There is a huge structure with high walls and barred windows.  There is a razor wire fence to keep out intruders and armed guards are posted outside the building. Inside there are hundreds of millions of dollars stacked neatly in heaps of crisp, fresh $100 bills. There are officials present but they will only release a few of those $100 bills each month and only to those who have gained the right to them. Nearly one million people come to the gate of the big house every year, hoping for some survival money.  Seven out of ten get turned away and leave  empty handed.  Some come back next month to try again but many do not. Of course, I am using my imagination to picture the big house as the US Social Security Administration.  While it is not literally piled high with $100 bills, of course, hundreds of thousands of persons do go there hoping to get a payment to sustain their lives with food, utilities, medical treatment - some of the basic necessities

SOCIAL SECURITY OFFICE EXPAND HOURS IN MARCH

Social Security will expand its office hours nationwide effective March 16, 2015 . Local "field" offices will be open to the public for an additional hour on Mondays, Tuesdays, Thursdays and Fridays; they will be open from 9:00 a.m. until 4:00 p.m on those days.  (Offices have been closing at 3:00 PM for quite some time). Offices will continue to close to the public at noon every Wednesday so employees have time to complete current work and reduce backlogs. Most Social Security offices have serious backlogs.  The Congress needs to adequately fund Social Security so these offices can serve the millions of people who depend on them.  In recent years, Social Security has not received adequate funding for operating expenses, including salaries to keep offices open during normal business hours for a government office.  This needs to change.

LOCAL SOCIAL SECURITY OFFICE PHONE NUMBERS: HUNTSVILLE, FLORENCE, DECATUR AL

Here are those hard to find telephone numbers for North Alabama Social Security field offices.  Please note that all Social Security offices now use toll free numbers which DO ring into the local office shown below.  Some tips: All calls are now answered automatically by computer.  You will be given options. Option 1 asks you to dial 1 if you want information about health insurance, Obama Care, etc.  If you do not, press 2. The second option asks you to press 1 if you know the extension number you wish to reach.  You probably do not, so press 0 for the operator. You will have to listen to some recorded announcements and music while a Social Security employee finds time to grab the phone.  Just hold on and be patient.  Here are those telephone numbers: FLORENCE, AL     (855) 884-3407 DECATUR, AL       (888) 289-9185 (Serves Athens, also) HUNTSVILLE, AL   (866) 593-0665 HOURS OF OPERATION Mondays, Tuesdays, Thursdays, Fridays  9 AM to 3 PM Wednesdays:  9 A

GET SOCIAL SECURITY BENEFITS AT AGE 50?

If you are age 50 or over, you may qualify for Social Security benefits for any physical or mental condition which prevents you from full-time work. Yes, younger individuals may also qualify.  However, Social Security uses Medical-Vocational Guidelines which relax the requirements somewhat for persons age 50 and over. In addition to your age, other factors include your past work experience and education.  But being age 50 or more is the greatest single advantage a claimant has in being approved for Social Security benefits. The Forsythe Firm will provide you with a free case evaluation and local consultation.  If we represent you, you will never pay a fee until you get benefits with back payments.  If you do not win benefits you will never pay us a fee for any service we perform. Contact us at (256) 799-0297.  We're located across from Bridge Street.

FOCUS ON WHY YOU ARE DISABLED, NOT WHY YOU CAN'T GET A JOB.

The Social Security Act provides benefits for workers who are disabled.  It does not provide benefits to workers who cannot find a job.  There is huge distinction. The following are EMPLOYMENT PROBLEMS,not covered by the Social Security Act; therefore, no benefits are payble for any of these situations: Nobody will hire me. There are no jobs open in my neighborhood. My job skills are ancient and no longer in demand. The economy has tanked. The work I used to do is now performed by machines (automation). The type of jobs I could once get have moved to Mexico or Asia.  Employers only see me as a liability. I repeat that the above type of reasoning relates to unemployment and has nothing to do with disability or Social Security.   I must have a strategy to win Social Security disability and my strategy must focus on  Why I am Disabled , not Why I Can't Get a Job.  Why I am disabled must, therefore, focus on what I can and cannot do in terms of work related ac

WORST MISTAKES IN SOCIAL SECURITY DISABILITY CASES - AVOID THEM

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Only about one-fourth of applications for Social Security disability benefits are approved without a hearing.  Below are some of the serious mistakes that claimants make.  If you are filing for Social Security disability, know these mistakes and avoid them for the best chance of winning benefits: 1.  Believing that the Social Security doctor will find that you are disabled.  This is very unlikely.  The doctor Social Security sends you to will spend no more than 15 -20 minutes with you and will perform a very limited examination.  He has no incentive to find you disabled, since he is paid by Social Security.  You may have better luck with your own doctor. 2.  Don't fail to ask your own doctor to complete a Medical Source Statement.  This is a form which explains what specific limitations you have in performing work related functions, such as sitting, standing, walking, lifting, bending, concentrating, etc.  This is in addition to routine medical records and does not require a sp

WHAT'S THE DIFFERENCE IS RECONSIDERATION & HEARING?

  When Social Security denies a disability claim, there are two ways of asking for a review in hopes of getting a better decision. In 40 states, you have to go through a "Reconsideration" process.  This simply means that a state examiner who did not make the original decision will review your file to see if mistakes were made.  Neither you nor your attorney get to appear.  And in only about 3 percent of cases does the decision change after a "reconsideration."  When the reconsideration process denies you, you may then request a hearing before a US administrative law judge.  The real effect of "reconsideration" is to delay your appeal by 3 to 4 additional months. 10 states, including Alabama, do not use the reconsideration process.  In Alabama you may skip this extra process and and request a hearing.  In Alabama you have at least a 50 percent chance of getting a better decision at the hearing. (Award rates vary from one hearing office to another and f

DANGERS OF REPRESENTING YOURSELF IN SOCIAL SECURITY DISABIITY

"Do you want to be the only inexperienced person in the room?  If you walk into a Social Security disability hearing unrepresented, you will be." The administrative law judge (ALJ) has a law degree and years of experience adjudicating Social Security disability cases.  His/her job is to be sure that all rules and regulations are followed. (There are thousands of rules). The vocational witness will usually have either a master's or doctor's degree and years of experience as a vocational rehabilitation counselor.  If a medical expert is present, he/she will have a Doctor of Medicine (MD) degree, or equivalent. Into this frightful crowd enters the claimant, new to the Social Security hearing experience and with too much hanging in the balance not to be nervous and anxious.  It is unfair, and totally illogical, to expect the claimant to handle his hearing successfully alone.  It would almost be a miracle. Which doctor's opinion is entitled to more weight--th

DANGERS OF REPRESENTING YOURSELF IN A SOCIAL SECURITY DISABILITY HEARING

The claimant was 31 years old.  He could lift 100 pounds with no problem.  He had absolutely no restrictions with standing/walking, sitting, bending, lifting, stooping, kneeling, crouching, crawling or lifting.  He had unlimited use of both hands and feet.  He could mow grass, walk or run for miles, climb onto his roof and play football.  He had a high school education and spoke excellent English.  He was also disabled according to Social Security's rules and regulations.  And he won his Social Security disability hearing. The above facts represent one of my actual clients.  I'm telling the following story for a reason:  I want to point out the dangers of representing yourself in a Social Security disability hearing (appeal). First, let me say that there were no "lawyer tricks" involved in getting this person approved.  He met the rules.  It was not an easy win.  But at the end of the day, Social Security had to observe their rules and find that this person could