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Showing posts from March, 2015

WHY CHOOSE THE FORSYTHE FIRM FOR YOUR DISABILITY REPRESENTATIVE?

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The Forsythe Firm is an experienced advocate for Social Security disability claims. The Forsythe Firm specializes in Social Security disability and practices in no other area. The Forsythe Firm will help prepare your application and supporting forms for you. The Forsythe Firm never charges a fee unless you win and recover back pay. The Forsythe Firm is a locally owned and operated professional firm. The Forsythe Firm has a good track record of winning disability claims. The Forsythe Firm is conveniently located across from the Bridge Street Center. The Forsythe Firm will appeal any unfavorable decisions and go with you to hearings. The Forsythe Firm receives approved fees by direct payment from Social Security* The Forsythe Firm charges you no upfront fees, deposits or expenses. To make an appointment for a free consultation, case evaluation, or just to get questions answered about a disability claim, please contact us without cost or obligation. C

DOCTORS WHO WON'T HELP IN YOUR DISABILITY CLAIM

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Doctors can be mean when it comes to helping their patients prove that they are disabled. Usually, this is a time saving decision or the doctor misunderstands his role in the disability decision-making process. Most doctors will provide medical records, a bare minimum necessity.  However, medical records alone are not enough to prove disability because they don't address any functional limitation. My firm will usually ask the client's doctor to provide a professional opinion about functional limitations, using such forms as HA-1151-bk.  If the doctor will complete this form it is often an enormous help in proving the disability claim. We never ask a doctor to state that the patient is disabled.  That decision is reserved to the Commissioner of Social Security.  We do ask the doctor for certain medical opinions based on treatment history, examinations, imaging studies, laboratory reports, prognosis, etc.   What can you do if your doctor will not complete an

THE DURATION REQUIREMENT

Here is an example of a person who was disabled but did not qualify for any Social Security disability benefit: Ann was in a bad automobile wreck on July 4th and broke her right arm, fractured bones in her shoulder and herniated a disc in her neck.  She spent 10 days in the hospital where orthopedic surgeons repaired the cervical disc and shoulder.  She wore a cast on her arm for an additional 6 weeks.  Ann went to physical therapy 3 days per week for 4 months after leaving the hospital.  Her doctor did not release her to go back to work until May 1 of the following year. After such a serious injury and after being unable to work for almost 11 months, why would Ann not be eligible for Social Security disability during the time she had to be off work? The answer is, because of the duration requirement .   Under Social Security Rule SSR 85-52, unless your impairment is expected to end in death, it must last or be expected to last for 12 consecutive months before the duration requ

BASIC DEFINITION OF DISABIILTY

Social Security uses a pretty basic definition of disability.  In very general terms, you are disabled if you are unable to perform any full-time work activity on a persistent basis because of a medically determinable impairment and this condition has lasted or is expected to last for 12 consecutive months or more. Some of the particular questions I would explore with a potential disability claimant would include:   Are you able to work 8 hours a day, 5 days a week, persistently--week in and week out? Are you able to perform a job up to 2 hours at a time without a break? How many days per month would be have to be absent for medical reasons? Are you able to concentrate or pay attention well enough to do work activities up to 2 hours at a time and 8 hours per day? Do you have to lie down at unpredictable intervals during an 8 hour day? Do you have pain levels that often interfere with your ability to work full-time? Are you taking medications that make you groggy, drowsy or ot

WIDOW BENEFITS

Many times a person hasn't worked long enough, or hasn't worked recently enough to be eligible for Title II disability benefits under his or her own work record.  Another venue to check would be widow's benefits. Reduced retirement benefits may be available to widows at age 60.  Disability benefits may be available at age 50. Basic requirements for widow's disability benefits are: You were married to the worker for at least 10 years. Your disability began before or within 7 years of the worker's death. You are at least 50 years of age. You meet the same definition of disability as would be required of a worker. Survivor's benefits may be available at any age if you take care of the deceased worker's child who is under the age of 16 OR the child is disabled and receives a benefit under the deceased worker's record. Remarriage after age 50 does not affect disability benefits.  Remarriage after age 60 will not affect retirement benefits. You must go

WHY I AM DISABLED VS. WHY I CAN'T GET A JOB!

The Social Security Act provides benefits for long term disability.  It does not provide benefits for unemployment or the inability to get a job.   Here are some examples of employment problems which have nothing to do with disability or Social Security:  Nobody will hire me. My job skills are ancient. The economy has tanked. The jobs I used to do have now moved to Mexico or overseas. The jobs I could once do are now done by machines. There are no jobs in my field (or in my hometown, etc.) The above problems have nothing to do with Social Security and will never result in a Social Security benefit.  They are not disability issues, they are unrelated employment issues.  It is better to focus on how much you can lift, how long you can sit, difficulty paying attention, the need for frequent breaks, pain levels, etc. We need to focus on why you are disabled, not why you can't get a job. See more information about Social Security disabiity. "I must focus on w

HOW AN ADVOCATE MAY HELP YOU WIN SOCIAL SECURITY BENEFITS

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HOW AN ADVOCATE MAY HELP YOU WIN SOCIAL SECURITY DISABILITY CLAIMS An advocate is a trained person that you appoint to represent you before the US Social Security Administration.  The advocate will be the only person besides yourself at the hearing who is totally dedicated to getting your disability benefits approved. Here is how a professional advocate or representative can help you: Screen your application to be sure it is complete, accurate and compelling.   We find that many disability applications are denied on some technical point or simply because of an error in the application forms. Develop a legal theory of your case that can be approved.  Winning a Social Security disability case is technical and must have the weight of legal persuasion behind it.  A winning legal theory simply means that somebody points out chapter and verse of the rules, regulations or laws that support your claim.  This may involve Listings, Medical-Vocational Guidelines, Social Secur