ALABAMA DISABILITY COUNSELORS

A lot of people think that because all Social Security offices are closed due to the COVID-19 virus that they cannot apply for disability benefits now.  Actually, applications are still being taken and processed.  Hearings are even being held--just by telephone, not in person. While you cannot walk into a Social Security office at this time, you may apply online at www.socialsecurity.gov.  Click the "Disability" icon, then click "Apply for Disability," then "Start a New Application." If you are a bit overwhelmed by the application process, call a disability attorney or advocate to assist you with your application.  There is not a charge simply for filing an application.  If you appoint a representative, he or she can't charge you a fee unless you win your benefits with back payments.  Fees are tied to success.  If you don't succeed, there is no fee.  You can get a free initial consultation. So, if you need disability benefits, don't wait

Like everyone else, the Forsythe Firm is concerned about the current COVID-19 pandemic and is trying to protect everyone.  At the same time, our clients still need access to legal representation when trying to obtain disability benefits. How are we handling the current situation? 1.  Our main lobby is closed to the public but we are seeing clients by appointment only.  Call (256) 799-0297 to schedle an appointment. 2.  We ask that if you have a fever, cough or other symptoms of illness, you please wait about coming to see us until your symptoms have been clear for at least 14 days.  If you are a possible victim of COVID-19, we'd like for you to get a medical clearance prior to your visit. 3.  When you come to our office for an appointment, we will attempt to minimize your contact with other people, other than the person you have come to see, to the extent possible. 4.  Often, we can handle your needs over the telephone.  We can give advice, answer questions, and in some c

The office of inspector general is warning citizens that there are several scams that take advantage of the COVID19 virus pandemic.   Beware of persons calling you and claiming to be with the Social Security Administration, the US Treasure Department or the Internal Revenue Service.  These are impersonators and con artists trying to obtain your personal information and/or get you to send them money or payments. Here are some of the tactics these criminals may use: 1.  They say your Social Security benefits may be suspended if you don't provide them with certain information or send them some form of payment.  This is false.  Social Security checks are being issued as usual. 2.  They may offer you some type of COVID-19 related grants, payments or other benefits in exchange for personal financial information, credit card numbers, advanced payment of fees or sending in gift cards.  These are all scams designed to lure you into providing your personal information or to send in m

Most disability applications are rejected at first.  The first appeal, called "Reconsideration" usually does not get a favorable response, either.  When these two steps have failed, as they usually do, it's time for a hearing with an administrative law judge, your the next step. How do you prepare for that hearing?  Realize that the hearing before the judge is the best opportunity you will ever have to get your benefits approved.  So, it's important to make a good appearance and present yourself well. Some suggestions: 1.  First and foremost, be absolutely certain that all of your medical records have been submitted well in advance of the hearing.  You can review your electronic folder by contacting the Social Security Office of Hearings Operations which has jurisdiction over your appeal. They should have received a medical record from each doctor, hospital, emergency room, counselor and other medical providers that you have seen within the relevant period.

In this post, I want to discuss why Social Security won't pay your disability claim.  It's true that about three-fourths of disability claims are denied.  The reason for denials falls into two broad categories:  technical shortcomings and medical shortcomings.  Since most claims are denied because of medical shortcomings, I will address that area first. MEDICAL SHORTCOMINGS The law requires Social Security to have proof of disability.  The proof must be such that it satisfies Social Security.  This proof must be based on objective medical evidence.  The claimant must submit evidence from qualified medical providers, showing the onset, severity and symptoms of the impairments.   For most claimants, the burden of proof is this:  You are so impaired that you are unable to perform the demands of any full-time job which exists in the US economy.  In short, you cannot perform a simple, entry level, minimum wage job at the sedentary (sit down) level.   Most denials are "S

Social Security Disability Insurance (SSDI for short) is a long term disability program sponsored by the US government.  It is paid for by payroll deductions, called FICA tax. What is meant by long term?  It means a medical condition which has lasted, or is expected to last at least 12 straight months OR to end in death. Impairments lasting less than 12 straight months are not covered under SSDI. Do you have to wait 12 months to apply?  No.  This is a mistake.  The medical condition you are claiming needs to the type of condition which normally lasts 12 months or more.  You do not need to wait 12 months to apply. For example, if you break your leg and your doctor advises you to be off work for 3 months, this is not covered under SSDI.  However, if a person has a heart attack and the doctor says he can't work for at least a year or more, it would be a covered condition. Is it easy to get approved?  Frankly, no.  It is difficult. Social Security's definition of "