FIND A LOCAL ADVOCATE OR ATTORNEY

An industry has grown up around helping claimants get Social Security disability benefits.  That is because most claimants who try on their own are denied.  They spend years trying to get benefits only to be denied.  Finally, they turn to a professional who knows how to help them.

There are many excellent attorney and non-attorney advocates who are skilled in assisting you with the difficult Social Security disability process, including hearings and appeals.  My one piece of advise would be this:  Seek out a local North Alabama advocate or attorney who lives in your community and has an office close to you.  Avoid going to California, New York or Los Vegas, where you must deal with your representative over the telephone or by mail.

Every city and small town in Alabama has many attorneys or advocates who are trained and experienced in handling federal administrative law, the branch of law that deals with government agencies, such as the US Social Security Administration (SSA).  You can walk into one of these offices, meet your representative face to face, ask questions, get advice, or talk about your claim or hearing.  You cannot do that with the big corporate boys in Los Vegas or Chicago.  They may or may not even return your calls.

A local representative is more likely to emphasize getting to know you as a person (not just a claim number), preparing your case or appeal himself or herself, and attending the hearing with you, rather than sending someone from out of town whom you have never meet before.

Some questions you may want to ask your representative before you hire him or her:

• Are you experienced in dealing with Social Security disability claims?
• Have you appeared before administrative law judges?
• Are you qualified to receive direct payment of fees from Social Security?
• Do you have a local office where I can meet with you and discuss my case?
• Will I have access to my actual representative, or will I deal with someone else? 

The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike NW
Huntsville, AL 35806
(256) 799-0297         "Across from the Bridge Street Mall"

  

HOW TO GET A FREE DISABILITY CLAIM EVALUATION - NOW

The Forsythe Firm in Huntsville, AL is offering free, no obligation evaluations of Social Security disability claims.  We will evaluate your claim before you file, recommend the best approach and tell you the strengths and weaknesses of your claim.  Every claim is different.

Factors that must be considered in any claims analysis include:

1. Your age
2. Your education
3. Your past work history and experience
4. Your medical conditions - both physical and mental
5. How much medical treatment you have received and are now receiving?
6.  Do you meet a Listed Impairment (not required)?
7.  Can you qualify for a Compassionate Allowance and faster approval?
8.  Are you a disabled veteran?

How does a free case evaluation work?  First, we will speak with you on the telephone and take some basic information.  Next, we will probably set up a free office consultation at our Huntsville Office (near Bridge Street).  We will review your medical and job information and help you make a decision whether you have a viable claim for Social Security benefits.  We will not pressure you in any way.  We will explain your options, how we work, how long it will take, etc.  If you decide for us to represent you, and if we decide to take your case, you will only pay us a fee if you win your claim and collect past due benefits.  If you lose or if you collect no past due or retroactive benefits, you never pay us a dime, no matter how much we worked on your case.

You may start by telling us about your condition by answering a few simple questions on our website.  This information is confidential, to be reviewed only by one of our trained advocates or partners.  Just click the link below and answer a few basic questions.  We will contact you for more information.

Click HERE to go to our website.    Then, click on the "Tell Us About Your Claim" tab in the center of our home page.

You may also call us at (256) 799-0297.

GETTING DISABILITY - THE MEDICAL EVIDENCE

The federal regulations reserve Social Security disability benefits to individuals who an prove disability with objective medical evidence.  Generally, you must be able to provide medical records from doctors, psychologists, clinics, hospitals or other acceptable medical professionals that show.......

• the existence of impairments
• the severity of impairments
• the duration of impairments (how long symptoms have lasted)

There are two types of medical evidence.  Objective medical evidence may include imaging studies, laboratory reports, EKG, and comprehensive examinations by a qualified doctor.  Subjective medical evidence refers to opinions of professionals who have viewed the objective evidence and given a professional opinion concerning your symptoms, diseases or injuries.

It isn't enough for a claimant to allege back pain, for instance.  It isn't enough for a doctor to make a note in her chart that the patient has complained of back pain.  Most helpful would be an X-ray or MRI study showing the probable source and cause of back pain, such as a bulging or herniated disc, foraminal canal stenosis,  degenerative disc disease, etc.  Then, your doctor might offer an opinion as to how the disease (or injury) would limit your ability to sit, stand, walk, bend, crouch, crawl, lift, etc.

"It is really by demonstrating significant limitations on the ability to perform common work related activities that you qualify for disability benefits."

How severe must the limitations be?  The answer lies in the combination of several key facts:  the claimant's age, level of education and past work experience.  For most claimants under the age of 50, the impairment must prevent the ability to perform any full-time work.  The rules are somewhat less stringent for persons over age 50. For example, a claimant who is over age 55, has a limited education and past relevant work that is unskilled may only have to demonstrate that he cannot perform any of his past work.  A younger individual will likely have to prove the inability to perform any and all work which exists in the US economy.

If you are suffering from a medical condition that you feel may lead to disability, it is extremely important to get prompt medical attention, continue to see your doctor(s) regularly and try to follow the recommended treatment plan. It is also important to tell the doctor(s) about all your symptoms and explain any problems you are having with such things as prolonged sitting, standing, walking, bending, lifting, concentration, fatigue....etc. 

 

VA RATINGS AND SOCIAL SECURITY DISABIILTY

If you are a disabled veteran with a 70 percent or higher VA disability rating, there is an excellent chance you may also qualify for Social Security disability benefits.  The Social Security process is totally separate from the VA process, however a high VA disability rating only helps your Social Security claim.

Because of the similarity between a VA finding of unemployability and what it means to be disabled under the Social Security disability program, it is the rule in many federal circuit courts that VA disability ratings are entitled to “great weight.” (See McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002); Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Brady v. Heckler, 724 F.2d 914, 921 (11th Cir. 1984); and De Loatche v. Heckler, 715 F.2d 148, 150 n.1 (4th Cir. 1983).) And one circuit court said that VA disability ratings were entitled to “substantial weight.” (Kane v. Heckler, 776 F.2d 1130, 1135 (3d Cir. 1985).) In addition, Social Security Ruling 06-3p says that the decision and the evidence used to make the VA decision “may provide insight into the individual’s mental and physical impairment(s) and show the degree of disability determined by these agencies based on their rules." 

The Forsythe Firm in Huntsville welcomes veterans who need guidance in applying for Social Security disability benefits or appealing a recent unfavorable decision.  We are local advocates with experience and a good track record in these cases.  There's never a fee unless you are successful (and this includes getting retroactive or back pay)!

We are close to Redstone Arsenal at 7027 Old Madison Pike NW, Suite 108--directly across from Bridge Street.  (256) 799-0297.

SHOWING YOU CANNOT DO THE MENTAL DEMANDS OF UNSKILLED WORK

Unskilled work is the easiest work available from a mental perspective.  Sedentary work is the easiest work available form a physical or exertional perspective.  Yet, even unskilled sedentary work has mental demands which the worker must be able to sustain for 8 hours a day, 5 days a week or an equivalent schedule.  The inability to sustain the mental demands of work, even unskilled sedentary work, is justifiable reason to find that the person is disabled.
 
In Social Security disability cases, decision makers will often deny a claim on the supposition that the claimant can still perform unskilled, sedentary work.  Examples of such unskilled sedentary work might be a surveillance system monitor, or a document preparer.

The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15 in the federal regulations.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting.

The loss of any of the above abilities will substantially erode the occupational base for sedentary unskilled work and will, therefore, justify a finding of disability (and the award of benefits).

Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis."  A sustained basis means 8 hours a day, 5 days a week, or an equivalent schedule.

The customary breaks that would be afforded during full-time unskilled work would be two 15 minute breaks and a 30 minute lunch (meal) break during an 8 hour work day.  If additional breaks are required due to a physical or mental impairment, that may very well erode the occupational base and justify a finding of disability.  Other factors that could erode the occupational base would be excessive absences (more than 1 or 2 days per month), being off task for an excessive amount of time during the day, or being unable to deal with changes in a routine work setting.

These allegations must be supported by objective medical evidence.  It is helpful if a treating doctor or medical professional acceptable to Social Security provides additional opinion evidence as to the existence of and severity of any limitations.

KNOWING SOCIAL SECURITY'S DEFINITION OF "WORK"

Is there work that you are able to do?  If so, you are probably not disabled under Social Security rules.  So, let's consider what Social Security means by the term 'work.'

Work refers to the ability to sustain work activity for 8 hours a day, 5 days per week, or an equivalent schedule.  Anything less than that is not work under Social Security rules.

You are unable to work, for example, if you can......

• work 5 or 6 hours a day but not 8 hours
• work 3 or 4 days a week but not 5 days
• work part-time but not full-time
• work for a few weeks but then have to miss several days due to a flareup
• work for several months but then have to miss a month or two due to illness on a persistent, regular basis
• report to work 5 days a week but have to leave early several times a month because of illness, pain, depression, etc.
• work most days but often have to come in late due to sickness
• work most days but will be absent 3 or more days per month due to illness.

So, the real issue with Social Security is this:  Are you able to work full-time, 8 hours a day, 5 days a week, 52 weeks a year--without missing more than 1 or 2 days per month on a persistent basis?  In other words, can you sustain full time work?  If the answer is no, you are disabled.

Keep in mind that there are many different kinds of work, ranging from very easy work to very difficult work.  Social Security classifies work by its exertion requirement--from sedentary (sitting) to very heavy (lifting 100 pounds or more).  Work is also classified by the skill level required to perform the work:  unskilled, semi-skilled or skilled.

Therefore, it's very difficult to speak of "work" without asking, "What kind of work?"  You may be unable to do some kinds of work but able to do other kinds of work.  Individuals under the age of 50 generally must prove that they cannot perform ANY work available in the national economy.  Persons over the age of 50 may be only be required to show that they are unable to perform their past relevant work (work they performed during the past 15 years).

Other factors that will enter into a decision about your ability to work will include:  education, past work experience, your residual function capacity, and as we just mentioned, your age.

VIDEO HEARINGS? SHOULD YOU ACCEPT OR OPT OUT?

It is no secret that Social Security is backlogged in trying to hold hearings.  And we all know it is taking up to 24 months for a claimant to get a hearing scheduled.  The obvious answer would be for Social Security to hire more administrative law judges; however, Congress simply will not appropriate enough money for that.  So, how does the Social Security Administration react?  By offering claimants the option to have a hearing by video-teleconference (VTC). 

At a VTC, the claimant and representative appear in a hearing center near the claimant's home.  However, the judge may be in another city, even another state.  Witnesses called by Social Security, such as the vocational expert, may be anywhere:  in the room with the claimant, in the room with the distant judge, or even at home and testifying via telephone.

Why would a claimant sign up for a cockeyed arrangement like a hearing by Video-Teleconference?  The main selling point is that it reduces the waiting time and allows a hearing to be scheduled sooner.  I'm not sure this is true in all cases; it might be true in some cases.  But there are downsides to the VTC arrangement for the claimant.  I will admit that I have been involved in some video-teleconference hearings that went smoothly and without objection.  On the other hand, I have been involved in some VTCs that were a nightmare.  You don't know which experience you will have until you get there--and then it is too late.

Here are my main objections to the use of video-teleconference hearings:

One, it's just more impersonal and removed. You aren't able to look people in the eye when you speak to them. And it opens up the possibility of communications problems:  you can't hear the vocational witness because of a poor telephone connection, or similar problems.

Two, and this is my worse fear, you lose the option to appear before a local judge who is known and have a hearing before a judge at the national hearing center in Chicago or some other distant location.  Chances are, I have never met this judge and know next to nothing about him or her.  And the judge's award rates are often much lower than the judges in the local hearing office.  Again, you don't know whether your case is going to the national hearing center or not until it's too late.  Opting out of the VTC hearing at least guarantees that you will get a local judge.

Under current rules, every claimant has a right to opt out of video-teleconference hearings and to  appear in person before a judge.  There are conditions:

1.  You or your representative must opt out of the VTC in writing.
2.  You may only opt out after the request for hearing has been filed and ODAR has sent you the written notice of your right to opt out (which will include a form to opt out of the VTC).
3.  You must opt out within 30 days of receiving the above notice (and obviously before the hearing has been scheduled).

Will opting out of a VTC cause a delay in getting your hearing scheduled?  It may.  I honestly don't believe there is any way to know that for sure on a case by case basis.  While I am aware that my clients are often suffering financially and need closure as soon as possible, I am also aware that I need to give my client the best chance I can of getting an award rather than a denial.  Claimants should know that they have the right to get an in-person hearing, if they follow the rules set forth by Social Security.