ALABAMA DISABILITY COUNSELORS

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 p...

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 relev...

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 ...

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. So...

Social Security disability is the number one disability relief plan for disabled Alabamians.  The average disabled person in Alabama receives more than $1,250 per month in Social Security disability benefits.  Some get almost $3,000 per month.  Your amount will be based on your average lifetime wages prior to your disability. When the federal government finds you to be disabled, not only will they pay you a monthly benefit check, they also provide Medicare to help pay your medical bills. Almost everyone who has worked at least 5 years out of the most recent 10-year period is covered by SSDI.  Premiums for disability insurance were automatically deducted from your payroll checks and called FICA.  This is really Social Security tax.  You may not even realize you paid it, or what it was. How To Know If You May Qualify for SSDI: 1.  Have you worked at least 5 out of the most recent 10 years? 2.  Do you have a severe medical condition? 3....

You may live in Huntsville, Decatur or northern Alabama and be unable to work.  Perhaps an illness or injury has caused you to suddenly lose your income and you need to find financial survival. Social Security disability may be your answer.  But, the process of getting approved can be daunting and intimidating.  You will probably have to apply, get denied, appeal--and perhaps get denied and appeal all over again.   However, the average Alabama resident on SSDI receives more than $1,250 per month in benefits.  The maximum SSDI benefit is almost $3,000 per month.  So, it's well worth the effort.  (And you may also qualify for Medicare insurance). Here's a quick checklist to see if you may be a candidate for Social Security Disability Insurance payments (SSDI): You worked and paid into SSDI by payroll deductions during the last 5 years. You have a severe medical condition that has lasted or is expected to last for at least 12 straight month...

After every Social Security decision, there are 60 days to file a written appeal.   Tips for winning your appeal: 1.  File your appeal on time (within 60 days). 2.  Make sure to submit all forms, signed and dated. 3.  Get supporting documents from your doctor, preferably a residual functional capacity form or medical source statement. 4.  Be truthful. 5.  Consider getting legal counsel.  You are not strictly required to have a lawyer, but having good representation makes it much more likely that you will win.  The judge who hears your appeal will recommend that you get a lawyer.  Who would know better? Frequently Asked Appeal Questions Q.  What are my chances of winning at the hearing level? A.  In Alabama, about 42 percent win at the hearing level. Q. How long does it take to get a hearing? A.  The time varies but right now it is about 10 months. Q.  If I lose my hearing, is there ...

Let's face it, COVID-19 is affecting everything, even Social Security disability cases. With every Social Security office closed, we have to adopt new methods of filing for and getting approved for disability benefits. For example, you can still get a hearing but it must be conducted by telephone.   Disability cases have always been difficult but now they are harder than ever.  That's why you need an experienced advocate on your side and in your corner. At the Forsythe Firm, we will fight for you at every step to help you get approved. We will ask the Government to pay you as much back pay as you're entitled to.  And we'll help you navigate the treacherous waters of Social Security disability. We win, or our services are free.  Let's start with a telephone chat.  When you call our number, you will instantly be connected to an experienced advocate who understands Social Security disability.   Time is money, so don't put it off....