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

Claimants who are not represented are not taken seriously at disability hearings. 90 percent of all Social Security disability claimants are represented when they appear for a hearing.  The other 10 percent are simply not taken seriously. Unrepresented claimants may send the wrong message.  They may be perceived to have claims that are so weak that no attorney or representative would take the case.  Even if that is untrue, the impression may be there. Furthermore, most judges will not hear a case without giving the claimant ample opportunity to obtain representation.  This speaks volumes about the fact that unrepresented claimants are at a disadvantage in this legal proceeding. An unrepresented claimant is the only person in the hearing who doesn't know the law, the procedure or the rules of evidence.  The judge certainly will know.  The vocational expert will know.  The medical expert will know.  Enter the claimant who has never been to a...

Truth is an important ally in a disability hearing.  Judges decide early in the hearing whether they can believe anything the claimant is telling them.  This is called the credibility factor . I have appeared before 35 different US administrative law judges from Alabama to Minneapolis.  They are all very different, yet very much alike.  They are all highly trained, intelligent and savvy individuals who can smell exaggeration and lies a mile away.  They cannot be fooled. Claimants have a lot riding on the outcome of their hearing.  They are nervous, of course, and want the hearing to produce favorable results.  When the judge asks them a tough question, there is a tendency to say what the judge wants to hear.  This will nearly always backfire. Judges tend to ask questions they already know the answers to.  They do it to see if the claimant will tell the truth.  Incidentally, the question may have nothing to do with the case. Here ...

It's a fact that Social Security will deny two-thirds of all disability claims filed in Alabama.  I am still amazed that people don't know how to get a claim approved after it's been denied.  Too many just give up and suffer financially.  You don't have to. If you get a denial letter saying you are not qualified for disability benefits "under our rules," you need to know what to do.  This is NOT the final decision.  It may not be the RIGHT decision.  Here what you should do. 1.  File an appeal, also called a "Request for Hearing By An Administrative Law Judge."  You must file this in writing and within 60 days of the denial letter.  Later is too late.  Phone calls to Social Security do not count.  File in writing. 2.  Begin to collect the medical evidence from doctors, hospitals, clinics, counselors and other providers that will prove your claim.  This is a time consuming and expensive chore.  If you don't want ...

"Back pay," also called "Past Due Benefits" is a big topic in Social Security circles.  Back pay is the lump sum that Social Security pays a disability claimant when a claim is first decided in the claimant's favor.  This is the amount the attorney or representative will be paid out of. Back pay or past due benefits occur in one of two ways: 1)  The claimant proves that he became disabled prior to filing his application for benefits.  For example, I became disabled on 6/1/15 but didn't file my application until 8/1/16.  I am entitled to collect benefits back to 6/1/15, as long as my back pay doesn't exceed 12 months. 2)  It takes Social Security a long time to decide my case.  For example, I file for disability and get denied.  I appeal and have to wait 18 months to get a hearing.  If I eventually win, I am entitled to be paid back to the date of disability in most cases. It's possible for back pay to accumulate under both of these sc...

The Social Security Administration (SSA) uses medical evidence to decide if you are disabled and eligible for disability payments.  They also decide who they view as "acceptable medical sources" to provide this evidence.  Traditionally, this has included Licensed physicians Licensed or certified psychologists Licensed optometrists Licensed podiatrists Qualified speech-language pathologists On March 17, 2017, Social Security added to that list Physicians Assistants (PAs) Advance Practice Registered Nurses (APRNs) Licensed audiologists and optometrists (when circumstances are specific to their specialty practices) Yet, there are still some healthcare professionals who are not on the list of "accepted medical sources."  These include Registered Nurses Nurse Practitioners Chiropractors Licensed Clinical Social Workers (LCSW)  Licensed Professional Counselors  (LPC) What this means to you when you file a clai m If you receive some of your med...

Social Security announced new rules of medical evidence beginning March 27, 2017 that may make it even harder to get disability benefits. Up until March 27, Social Security gave special weight to evidence from your treating physician.  The theory was that your doctor knows more about you than a doctor who only examined you one time, and certainly more than one of Social Security's doctors who has never seen you at all.  But not any more. For claims filed after March 27, 2012, your doctor's opinion is not automatically entitled to greater weight than the opinion of any other doctor.   The new rule focuses on the substance of medical opinions – not the source of the opinion. All medical opinions and prior medical findings are to be viewed equally, and will be based on “consistency and supportability” factors.  In other words, Social Security will look at all medical opinions and decide which one is more convincing. What's my fear with this new rule?  T...

When it comes to Social Security disability, all claims are not created equal.  In today's very tough world of Social Security, there are some claimants who stand out, who have a better than average chance of being approved.  Here they are: Over age 50 Long and consistent work history Compliant with regular medical treatment Statements from doctors that the illness is refractory (not responsive to treatment) Treatment with one or more of the same doctors over a long period of time A medical condition that can be objectively proven.  Has failed work attempts - tried to do other work but could not Gave up a good job to try for disability  There's a lot of pressure from Congress not to approve benefits for claimants who have less than pristine medical evidence.  Judges are simply not going to approve disability benefits these days for claimants with marginal claims.   Unfortunately, I tell someone nearly every day that they just don't have ...

To get Social Security disability payments, a person must meet both the technical and medical requirements.  One of the technical requirements is that a person must have worked enough to have accumulated the required number of "quarters of coverage."  A worker may earn 1 credit for each quarter worked, provided minimum earnings were reported.  (In 2017, it requires earnings of $1700 to equal one credit.  In past years, that number was less).  Only 4 credits may be earned in one year. The minimum number of quarters of coverage depends on the claimant's age at the time disability occurs . The following chart helps to explain work credits or quarters of coverage: Age at Disability Onset The number of credits necessary for SSDI approval varies based on the age at disability onset. Between 20 and 40 work credits are usually necessary for approval, though younger workers may qualify with fewer available credits. The following table helps explain the work...