SIGNS YOU MAY HAVE WON YOUR DISABILITY HEARING

 SIGNS YOU MAY HAVE WON YOUR DISABILITY HEARING

If your Social Security disability claim was denied, you will usually appear before an Administrative Law Judge (ALJ) for a personal hearing.  At the hearing, the judge will listen to you and your attorney, ask many questions, and hear from witnesses.  

 Often the judge will not announce his/her decision on the spot.

But there are certain signs that may tell you that you have won your hearing.

Here are some of the positive signs that you may have won:

1.    The judge tells your lawyer, "I think this is a grid rule case under 201.06, etc.; do you agree?"

2.  The vocational witness testifies that there is no past work and no other work that you are capable of doing.

3.  A medical expert testifies that you "meet or equal" a Listing.

4.  The judge listens to your testimony and says something like:  "I don't believe I have any questions and I don't need any testimony from the vocational witness."

5.  The judge makes some other tell-tale remark.  For example:  "Mr. Attorney, I'm going to process this decision as soon as possible because I think your client needs urgent medical attention."

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The Forsythe Firm, Huntsville, AL.  (256) 799-0297 

YOU MAY HAVE A DISABILITY CASE THAT WILL PAY YOU $$$$$

If you answer YES to the following questions, you may have a Social Security disability case that will deliver a check to your mailbox every month:

 

____ YES    You have worked and paid into Social Security at least 5 out of the last                         10 years.

____   YES    You are not working now because of a severe disabling condition.

_____  YES   Your medical and/or mental impairment has lasted for at least 12                                   months, or it is expected to last 12 straight months.

_____   YES   Your doctor has good and recent medical records with up-to-date                                treatment.    

The Forsythe Firm will be happy to review your case FREE and give you a detailed evaluation of your claim.  You are never asked to pay a fee until you WIN your benefits and collect past due benefits from Social Security.  If we do not get back pay for you our representation is free of charge.

The Forsythe Firm handles cases in Alabama and Tennessee.

 Assistance is as simple as a free phone call:  (256) 799-0297. 

DIFFERENCE BETWEEN MEDICARE AND MEDICAID

Medicare can be obtained in 2 ways:  by reaching age 65 or by becoming disabled under Social Security's rules before age 65.  Medicare coverage begins 24 months after a claimant's disability pay begins.  This coverage comes automatically when with Social Security Disability Insurance (SSDI benefits), and is a federal government program.

Medicare has an annual premium or cost for Part B coverage. In 2023 this premium will be $164.90 per month.

Medicaid, on the other hand, is a state program which automatically comes with Supplemental Security Income or SSI.  There isn't a waiting period for Medicaid.  It can be effective as soon as you are approved for SSI benefits.  There is no premium for Medicaid.

These two important programs are intended to help pay costs for medical care and make it possible for the disabled and elderly to get good medical care.

  

WHY YOU CAN'T SPEAK TO A SOCIAL SECURITY DISABILITY LAWYER

 Most Social Security disability lawyers are busy, handling many cases and they are tied up in court much of the time.  Therefore, they may not be able to take a call from every potential new client.  Usually, a secretary, legal assistant or other helper will take the initial call.  Most attorneys have someone else in their office to field their calls, take messages, or hand out routine information.

One firm in Huntsville is different.  At the Forsythe Firm, callers nearly always speak to Mr. Forsythe.  Your call may indeed be answered by a receptionist, however, Mr. Forsythe will routinely pick up and discuss your disability case with you.  If he is out of the office or in a hearing, he will call you back personally.

Mr. Forsythe founded his firm over 20 years ago to help disabled workers who need to get disability benefits.  Social Security disability is all he does, nothing else.  And he makes himself available to his clients, including first-time callers who are not yet clients.  

If your case is accepted for representation, you will never be charged a fee until AFTER you are approved and Social Security pays your past due benefit.  Then, Social Security will automatically deduct the attorney's fee and paid it directly for you.  If you don't win, or you don't receive any back pay, the federal law does not permit you to pay a fee.

The Forsythe Firm is happy to provide you with a free case evaluation (Do you have a case?), information about Social Security disability or just an answer to a question--as long as it's about Social Security disability.

Please note that the firm does not handle Continuing Disability Reviews or over payment questions. The firm spends all it's time on new disability applications, appeals, hearings--all to get you approved if possible.

Please note that no representative can promise or guarantee that you will be approved.  Neither can he/she promise to speed up the Social Security system.  What an experienced representative can tell you is:  We will work hard to get you approved.  We will help you file a complete application, and we will provide documentation and meet deadlines so your case doesn't take longer than necessary.

The Forsythe Firm serves Huntsville and surrounding areas of North Alabama--as well as southern and middle Tennessee.  Call (256) 799-0297.  The call is free and so is the consultation.

THE WORST THING YOU CAN DO IN A DISABILITY CLAIM - DISASTEROUS!

 Nearly a million people will try to get Social Security disability this year.  Most of them will fail because Social Security's rules are so hard to pass.

There is one single mistake that claimants make that I'm going to call the worse mistake possible in a Social Security disability claim.

It is giving up after the first or second denial.

You should be prepared for your application for benefits to be denied.  70 percent are.  It is always a mistake to give up when this happens.  

You should also be prepared to be denied on the first appeal--which is called "Reconsideration."  There's over a 90 percent denial rate at this stage, which pretty much makes it a waste of time; however, it is required if you want to keep pushing your claim forward.  So, be prepared for a denial at "Reconsideration," and get your attorney to file another appeal--taking your case before an Administrative Law Judge (ALJ).  

If you give up before your case goes to a hearing you are missing the best chance you have in the entire process.  That's right!  A hearing before a judge is the BEST opportunity to win your disability benefits and recover past due pay.  Claimants who quit at the previous Application or "Reconsideration" stages lose this valuable opportunity to win.

Why would anyone quit without a hearing?  There are several reasons:

1.  It takes a long time to get to the hearing stage.  You may easily invest 18 to 24 months before Social Security gets to the hearing phase of your case.

2.  Claimants get discouraged.  Persons who don't know the Social Security process well can think, "I'm not eligible so I might as well give up."  This is not true.  Social Security is rewarded when claimants give up too early and they save billions of dollars by claimants who don't keep pushing their claims up the system.

3.  The appeals process can be confusing and downright overwhelming.  It isn't easy and it isn't meant to be.  Take a load off your shoulders by turning your appeal over to a knowledgeable attorney or advocate who knows how to handle it.  This not only relieves a lot of your stress and anxiety, it also gives you a much better chance of success.  A national study shows at while about 31 percent of unrepresented claimants win their benefits, 60 percent of claimants with attorneys win benefits.  

If I could tell every Social Security claimant just one thing, I would say......

"Never, ever give up until you have had a hearing."

DOCTORS SAYS NOTHING HE CAN DO. SHOULD I KEEP SEEING THE DR.?

Many times people have an illness or injury that medical treatment just can't improve.  Your doctor says, "I have nothing more to offer you.  You are just going to have to live with this condition."

In those cases, should you keep seeing a doctor?

 Speaking strictly of Social Security disability cases, the answer is, Yes probably.

If you are going to try for Social Security disability you will need current medical examinations and treatment.  If you stop going to the doctor and don't get an exam or treatment for a couple of years or longer, there just isn't any record to base a disability on.

Ask your doctor if there is a specialist that you could benefit you.  For example, if you have chronic pain do you need a pain management specialist?  If there is chronic joint or arthritis pain, should you see an orthopedic doctor of rheumatologist?   If you have chronic migraines, should you be seeing a neurologist?

Social Security places great value on your medical record.  They don't often approve claims where the claimant has simply stopped seeing doctors for a long period of time.  If nothing else, they want to see symptoms verified and documented once in a while.  If a specialist was recommended, Social Security wants to see where you followed up and went to the specialist--at least once.

The truth is, Social Security doesn't think the way we do.  If our problem isn't being helped by a doctor--we tend to stop seeing the doctor.  Social Security often interprets that as improvement in your condition, even though that may not be the case.

So, if you intend to try for Social Security disability, we recommend that you see your doctor at least every 3 months.  Try to get laboratory tests, X-rays or other studies done that verify your ailments or injuries.  One picture really is worth a thousand words.

  

5THINGS TO KNOW ABOUT SOCIAL SECURITY DISABILITY

If you worked long enough and recently enough, you may be able to claim Social Security disability benefits if you become unable to work for a long period.  Here are some things you need to know about how Social Security Disability Insurance (SSDI) works:

• Your work is measured by "work credits."  When you work and pay a certain amount of FICA or Social Security tax, you a earn a "credit."  The amount of credits you need to be covered for disability depends on your age.
•  You must not be working and earning at least $1,470 per month in wages when you apply for disability (SSDI).  In 2023, if you are working and earning that much you will not qualify for SSDI because you are working.
• You must have a medically determined illness that will keep you from working at least 12 straight months OR will end in death.  Social Security has no short term or temporary benefit.

• 70 percent of claims are denied at the application level.  Most claimants must go through the appeal process to get benefits. Those who work with a disability attorney or advocate are twice as likely to get approved during their appeal. It can take months or even years to get your claim approved and paid.
  

• An attorney cannot charge you a legal fee unless your claim is successful AND results in past due benefits.

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Charles W. Forsythe is founder of The Forsythe Firm in Huntsville, Alabama, with over 20 years of Social Security experience.         (256) 799-0297