Most disability claims that are not approved initially will end up being adjudicated in a disability hearing held by an administrative law judge, or ALJ. At the hearing level, ALJs have broad discretion to rule on the evidence in your case. If they decide that the opinion of a physician is not well supported by the evidence in your medical record, they can effectively ignore that doctor's opinion. Similarly, the ALJ will make a judgement about the credibility of the disability applicant.
At the hearing, it is not uncommon for judges to ask questions about the applicant's past. Judges have access to a variety of background information, including information about past jobs, medical records, and even criminal history. If the applicant served in the military, the judge may want to know if he or she was honorably discharged.
As an applicant giving testimony under oath, you have a responsibility to answer the judge's questions honestly. From a practical standpoint, it is in your best interests to do so anyway. Judges often know the answers to questions before they ask. A history of personal or legal problems that people might find embarrassing frequently appear in medical records or other records available to the ALJ. If there is anything embarrassing in your background, there's a high probability that the judge is aware of it. Answering the ALJ's questions honestly is your best option. If the judge suspects you are being dishonest about your past, he or she may decide you are also being dishonest about your medical conditions or ability to work. It is far better to admit to a past mistake than to attempt to mislead the judge because of embarrassment.
If you need help preparing for an upcoming hearing, give us a call today. We would be happy to talk with you about your case.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Wednesday, December 4, 2013
The Problem with Unemployment Benefits
I recently appeared in a Social Security disability hearing where the client had what should have been a clear cut disability case. He had a severe medical condition that had lasted for many months. His condition did not respond to treatment and was expected to last indefinitely. Finally, he had seen his family doctor in Murfreesboro several times per month and his medical file showed unmistakable evidence of the extent and severity of his condition. For several months, the client had been receiving unemployment benefits after leaving his previous job.
Applying for unemployment benefits is something most people do automatically after losing a job, almost without thinking about it. Unfortunately, filing for unemployment insurance can have serious consequences if you are also filing for Social Security disability. Why? Because of the weekly certification requirements. Each week when you file for unemployment benefits, you certify to the state that you are physically able to work, you are looking for work, and you are available to accept work if it is offered. Social Security knows this, so when the judge looks at your records, it can produce a very awkward conversation. In this case, the judge wanted to know why the applicant told the state of Tennessee that he could work, and then told Social Security that he could not. This contradiction can damage a claimant's credibility in the eyes of the court, and the judge may choose not to believe other parts of his or her testimony.
In the end, we were able to explain the discrepancy to the judge's satisfaction and our client was approved for benefits. Still, receiving unemployment benefits often raises questions that need to be handled appropriately for a case to be approved. It's one more reason that applicants need an advocate who understands the system and will work to protect their rights.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Applying for unemployment benefits is something most people do automatically after losing a job, almost without thinking about it. Unfortunately, filing for unemployment insurance can have serious consequences if you are also filing for Social Security disability. Why? Because of the weekly certification requirements. Each week when you file for unemployment benefits, you certify to the state that you are physically able to work, you are looking for work, and you are available to accept work if it is offered. Social Security knows this, so when the judge looks at your records, it can produce a very awkward conversation. In this case, the judge wanted to know why the applicant told the state of Tennessee that he could work, and then told Social Security that he could not. This contradiction can damage a claimant's credibility in the eyes of the court, and the judge may choose not to believe other parts of his or her testimony.
In the end, we were able to explain the discrepancy to the judge's satisfaction and our client was approved for benefits. Still, receiving unemployment benefits often raises questions that need to be handled appropriately for a case to be approved. It's one more reason that applicants need an advocate who understands the system and will work to protect their rights.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Tuesday, December 3, 2013
Is Your Eligibility for Disability About to Expire?
While there are many ways an application for Social Security disability can be denied, one of the most common can be easily avoided. About 4 years after you stop working, your disability insurance coverage will expire. Social Security calls this expiration date your "date last insured." When this date rolls around, you can no longer file a new claim. It doesn't matter how sick you are, or how unable to work. You no longer have insurance.
I often speak to people who say, "I worked for 23 years, then stopped working in 2003. I went back to work in 2007 and had to quit again in 2010." (or some version of that). When we check their record, we find that their coverage has expired. Just last week, I had to tell a man from Antioch that he had missed the deadline to file his claim by just a couple months. When you or someone you love is unable to work and needs help, it is heartbreaking to miss that deadline.
If you believe you are disabled, file your disability claim as soon as possible. Once you file your application, the application date is locked in and the claim can still go through the process even if insurance expires later. Getting in the initial application on time is critical.
If you have questions about filing dates or have other concerns about filing your claim, myself and our experienced representatives are always here to help.
(615) 732-6159 Franklin, TN (Nashville) office
(256) 799-0297 Huntsville, AL office
www.ForsytheDisability.com
I often speak to people who say, "I worked for 23 years, then stopped working in 2003. I went back to work in 2007 and had to quit again in 2010." (or some version of that). When we check their record, we find that their coverage has expired. Just last week, I had to tell a man from Antioch that he had missed the deadline to file his claim by just a couple months. When you or someone you love is unable to work and needs help, it is heartbreaking to miss that deadline.
If you believe you are disabled, file your disability claim as soon as possible. Once you file your application, the application date is locked in and the claim can still go through the process even if insurance expires later. Getting in the initial application on time is critical.
If you have questions about filing dates or have other concerns about filing your claim, myself and our experienced representatives are always here to help.
(615) 732-6159 Franklin, TN (Nashville) office
(256) 799-0297 Huntsville, AL office
www.ForsytheDisability.com
Types of Disability Insurance Available to Tennessee Residents
Social Security offers a number of disability benefits. I want to talk about two of the basic Social Security benefits, SSDI and SSI, and explain how they are different.
SSDI - Title 2 Disability. When most people talk about Social Security disability, they are referring to Title 2. Title 2 disability coverage is based on your employment history. When you work, both you and your employer pay FICA taxes which entitles you to disability coverage once you have worked long enough. You qualify for Title 2 by paying into the system, and you can receive these benefits regardless of your income or your assets.
SSI or Supplemental Security Income is also referred to as Title 16. SSI is a program for needy individuals with limited assets and income. Because SSI is based on need, no previous work history is needed to qualify. The monthly benefit for Title 16 is usually less than for Title 2 benefits. In some cases, a person may receive both Title 2 and SSI.
Both these programs have the same basic requirement. To qualify for either one, you must be disabled or blind or have a condition that is expected to end in death. A "disabling impairment" is one that has lasted or is expected to last for at least 12 consecutive months. You do not have to be sick for 12 months before you apply, however.
The process to get either Title 2 or SSI benefits can be lengthy and may require professional legal assistance. The Forsythe Firm handles both Title 2 and Title 16 claims, and can help you determine which programs you qualify for.
Besides these basic plans, Social Security offers other types of benefits, such as Widow or Widower benefits and dependent benefits for children.
If you have questions about applying for disability, you should seek the advice of a qualified legal representative. At the Forsythe Firm, we are always happy to give advice or help you get started. If we can be of assistance to you, don't hesitate to give us a call.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
SSDI - Title 2 Disability. When most people talk about Social Security disability, they are referring to Title 2. Title 2 disability coverage is based on your employment history. When you work, both you and your employer pay FICA taxes which entitles you to disability coverage once you have worked long enough. You qualify for Title 2 by paying into the system, and you can receive these benefits regardless of your income or your assets.
SSI or Supplemental Security Income is also referred to as Title 16. SSI is a program for needy individuals with limited assets and income. Because SSI is based on need, no previous work history is needed to qualify. The monthly benefit for Title 16 is usually less than for Title 2 benefits. In some cases, a person may receive both Title 2 and SSI.
Both these programs have the same basic requirement. To qualify for either one, you must be disabled or blind or have a condition that is expected to end in death. A "disabling impairment" is one that has lasted or is expected to last for at least 12 consecutive months. You do not have to be sick for 12 months before you apply, however.
The process to get either Title 2 or SSI benefits can be lengthy and may require professional legal assistance. The Forsythe Firm handles both Title 2 and Title 16 claims, and can help you determine which programs you qualify for.
Besides these basic plans, Social Security offers other types of benefits, such as Widow or Widower benefits and dependent benefits for children.
If you have questions about applying for disability, you should seek the advice of a qualified legal representative. At the Forsythe Firm, we are always happy to give advice or help you get started. If we can be of assistance to you, don't hesitate to give us a call.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Tuesday, October 8, 2013
What is Reconsideration?
I sometimes get calls from people who have been denied for benefits, but were given the option to go through a process that SSA calls "reconsideration". Simply put, if your first application is denied, reconsideration is the next step. Essentially, SSA will assign a different claims examiner to review your file. The second examiner will follow exactly the same process as the first. He or she will look at the same documentation and apply the same rules.
Not surprisingly, the second examiner usually reaches the same decision. About 85% of denied applications are denied again in reconsideration. If your claim is denied for a second time, you can file for a hearing before an Administrative Law Judge (ALJ). Often, your best chance of being approved comes at this hearing. A qualified representative can prepare your case for hearing, let you know what to expect, and appear with you. It is a representative's job to present your best case and tip the odds in your favor.
Oddly, there are ten states that SSA has exempted from the reconsideration process. Alabama is one of those ten states. In those ten states, if your claim is denied, you can go directly to hearing and skip reconsideration altogether. Unfortunately, in Tennessee, this step is still required.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Not surprisingly, the second examiner usually reaches the same decision. About 85% of denied applications are denied again in reconsideration. If your claim is denied for a second time, you can file for a hearing before an Administrative Law Judge (ALJ). Often, your best chance of being approved comes at this hearing. A qualified representative can prepare your case for hearing, let you know what to expect, and appear with you. It is a representative's job to present your best case and tip the odds in your favor.
Oddly, there are ten states that SSA has exempted from the reconsideration process. Alabama is one of those ten states. In those ten states, if your claim is denied, you can go directly to hearing and skip reconsideration altogether. Unfortunately, in Tennessee, this step is still required.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
I've Filed for Disability. How Do I Improve my Chances of Winning?
If you've recently filed for disability, you've probably heard that the next step is to prepare for a long wait. Still, there are things you can do right now to help your case.
First, be cooperative with the Social Security examiner. If you speak to the examiner, be polite and try to answer all questions accurately. Be sure to respond promptly to requests for medical records or documentation. If you have a representative, he will handle most of this work for you. If you receive a letter from SSA, it's a good idea to make sure your representative is aware of it. Being proactive helps to make sure Social Security gets all the information they need to decide your case.
Perhaps the single most important thing you can do for your claim is to continue getting medical treatment on a regular basis. SSA rules require that you have a condition that has lasted 12 months, or will last 12 months into the future. A doctor's visit showing a severe medical condition is helpful, but two visits that are at least 12 months apart are much more helpful to your case. It is very common for truly disabled people to have their claims denied because they have not had recent medical treatment. If you cannot afford treatment, try to find a free or reduced-fee clinic in your area. It is almost impossible to be approved for disability without good medical documentation.
Keep a weekly journal of your medical progress. Document your symptoms and the limitations you experience with everyday life. If you have to take frequent breaks while doing housework, document that. Experience a side effect from medication? Write it down. Be sure to record problems with mental impairments as well as physical problems. Problems remembering things or having feelings of anxiety or depression can be important to your case. This information will be very helpful as you go forward with your claim.
Talk to your doctor. SSA is required to consider your doctor's opinion when deciding your case. Although many other factors also come into play, your physician's expert medical opinion can help your case. If your doctor supports your decision to seek disability benefits, be sure to inform your legal representative.
Finally, get experienced representation immediately if you are unsure how to proceed or if your claim is denied. Social Security rules are complex, and a having experience with the system can greatly improve your chances of being approved.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
First, be cooperative with the Social Security examiner. If you speak to the examiner, be polite and try to answer all questions accurately. Be sure to respond promptly to requests for medical records or documentation. If you have a representative, he will handle most of this work for you. If you receive a letter from SSA, it's a good idea to make sure your representative is aware of it. Being proactive helps to make sure Social Security gets all the information they need to decide your case.
Perhaps the single most important thing you can do for your claim is to continue getting medical treatment on a regular basis. SSA rules require that you have a condition that has lasted 12 months, or will last 12 months into the future. A doctor's visit showing a severe medical condition is helpful, but two visits that are at least 12 months apart are much more helpful to your case. It is very common for truly disabled people to have their claims denied because they have not had recent medical treatment. If you cannot afford treatment, try to find a free or reduced-fee clinic in your area. It is almost impossible to be approved for disability without good medical documentation.
Keep a weekly journal of your medical progress. Document your symptoms and the limitations you experience with everyday life. If you have to take frequent breaks while doing housework, document that. Experience a side effect from medication? Write it down. Be sure to record problems with mental impairments as well as physical problems. Problems remembering things or having feelings of anxiety or depression can be important to your case. This information will be very helpful as you go forward with your claim.
Talk to your doctor. SSA is required to consider your doctor's opinion when deciding your case. Although many other factors also come into play, your physician's expert medical opinion can help your case. If your doctor supports your decision to seek disability benefits, be sure to inform your legal representative.
Finally, get experienced representation immediately if you are unsure how to proceed or if your claim is denied. Social Security rules are complex, and a having experience with the system can greatly improve your chances of being approved.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Wednesday, September 25, 2013
Why it Matters When You File
People sometimes ask whether it matters when you file for disability. The answer is definitely yes. When you file for disability, SSA will ask if your medical condition has lasted or can be expected to last for 12 months or more. If the answer is no, your application will be denied. Social Security provides no benefits for short term disability that lasts less than one year.
Does that mean that you must wait 12 months from the date you become disabled to file your claim? Absolutely not. If you expect your condition will last at least 12 months into the future, go ahead and file for benefits. It is in your best interest not to wait too long, for a number of reasons.
Let's look at an example. A worker named Joe has an injury and becomes unable to work on January 15, 2013. Social Security has a 5 month waiting period, so the earliest he could possibly qualify for benefits would be June, 2013. Social Security allows you to claim disability as far as one year before your application was filed. But Joe is busy and he doesn't get around to filing his application until October 1, 2014. Since benefits can only go back one year, he can only receive payment back to October 1, 2013, at the earliest. The payments that he could have received from May to October have been lost. This could potentially amount to thousands of dollars in benefits that can never be recovered.
Another reason not to wait is the simple fact that claims take so long to process. Progressing from initial application through the appeals phase to a decision can easily take 18 months or more. Those months of waiting don't start until the initial application is filed. The sooner you file, the sooner you can get a decision from SSA.
Have other questions about filing for disability? Give our local office a call today. We will be happy to offer you our best guidance at no cost to you.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Does that mean that you must wait 12 months from the date you become disabled to file your claim? Absolutely not. If you expect your condition will last at least 12 months into the future, go ahead and file for benefits. It is in your best interest not to wait too long, for a number of reasons.
Let's look at an example. A worker named Joe has an injury and becomes unable to work on January 15, 2013. Social Security has a 5 month waiting period, so the earliest he could possibly qualify for benefits would be June, 2013. Social Security allows you to claim disability as far as one year before your application was filed. But Joe is busy and he doesn't get around to filing his application until October 1, 2014. Since benefits can only go back one year, he can only receive payment back to October 1, 2013, at the earliest. The payments that he could have received from May to October have been lost. This could potentially amount to thousands of dollars in benefits that can never be recovered.
Another reason not to wait is the simple fact that claims take so long to process. Progressing from initial application through the appeals phase to a decision can easily take 18 months or more. Those months of waiting don't start until the initial application is filed. The sooner you file, the sooner you can get a decision from SSA.
Have other questions about filing for disability? Give our local office a call today. We will be happy to offer you our best guidance at no cost to you.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Tuesday, September 17, 2013
Fibromyalgia as a Basis for Disability
In recent years Social Security has finally begun to recognize Fibromyalgia as a real disease that poses real limits on the ability to work. Recent findings by the federal courts have helped to make that possible. In Sublett v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012), the District Court awarded benefits in a case where the hearing judge had rejected the opinion of the treating doctors in a case involving fibromyalgia.
The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits." Fortunately, when a ruling such as this comes down in another part of the country, it can also help our local clients here in Tennessee.
As with many Social Security disability cases, the key is persistence. The correct decision will not always be made at all levels. It is usually in the applicant's best interest to appeal unfavorable decisions to the next level and keep fighting until your cases is resolved.
(615) 732-6159 Franklin, TN (Nashville) office
(256) 799-0297 Huntsville, AL office
www.ForsytheDisability.com
The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits." Fortunately, when a ruling such as this comes down in another part of the country, it can also help our local clients here in Tennessee.
As with many Social Security disability cases, the key is persistence. The correct decision will not always be made at all levels. It is usually in the applicant's best interest to appeal unfavorable decisions to the next level and keep fighting until your cases is resolved.
(615) 732-6159 Franklin, TN (Nashville) office
(256) 799-0297 Huntsville, AL office
www.ForsytheDisability.com
Tuesday, July 16, 2013
Which Doctor Knows Best?
No, it isn't the title of a TV reality show; it's a serious question for disability judges. In disability cases, there are often several doctors who give medical opinions. Often, there is at least some disagreement in those opinions. In many cases, Social Security's consultative doctor will find very little medical evidence supporting disability. A primary care doctor may document more serious problems in the medical history. Which doctor has more influence with Social Security?
Does the claimant have the right to choose which doctor examines him/her for Social Security? In some cases, yes. If Social Security asks you to attend a consultative exam, ask if your treating physician can perform the exam. Under federal regulations, opinions from your treating physician should be given more weight than an examination by a non-treating Social Security consulting doctor. You may have to be assertive to get your doctor to perform the examination. Social Security will almost never recommend it.
In the appeal stage, administrative law judges will most likely get it right. They will usually give the proper weight to the proper doctor, as the regulations require. This is because judges know the law and take time to sort it out.
Thinking of applying for Social Security disability? Have you already been turned down? Call the Forsythe Firm today for a free consultation.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
- A treating doctor - especially one who has treated the claimant over a lengthy period of time - His/her opinion should be given the most weight.
- A specialist, offering an opinion within his/her area of specialty, is given more weight than a non-specialist (assuming both are treating doctors).
- An examining doctor is given more weight than a non-examining doctor.
Does the claimant have the right to choose which doctor examines him/her for Social Security? In some cases, yes. If Social Security asks you to attend a consultative exam, ask if your treating physician can perform the exam. Under federal regulations, opinions from your treating physician should be given more weight than an examination by a non-treating Social Security consulting doctor. You may have to be assertive to get your doctor to perform the examination. Social Security will almost never recommend it.
In the appeal stage, administrative law judges will most likely get it right. They will usually give the proper weight to the proper doctor, as the regulations require. This is because judges know the law and take time to sort it out.
Thinking of applying for Social Security disability? Have you already been turned down? Call the Forsythe Firm today for a free consultation.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Wednesday, July 10, 2013
Approval Rates Fall for Social Security Disability Applicants
According to the National Organization of Social Security Claimant's Representatives, approval rates for disability claims continued their decline in 2012. In 2010, 62 percent of disability claims were approved at the hearing level. However, in 2012, that number fell to 52 percent nationwide.
With award rates falling, you need solid medical documentation and professional legal advice more than ever. For help with your case, give us a call today for a free consultation.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
With award rates falling, you need solid medical documentation and professional legal advice more than ever. For help with your case, give us a call today for a free consultation.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Does My Condition Qualify Me for Disablity?
Are you having difficulty holding a job due to physical or mental problems but are unsure if your condition would qualify? SSA's decision-making process for disability cases is often misunderstood. A few claims are approved quickly while most others (about 70%) are denied at the first step. This leads many people to wonder just how the system works. Is there a list of medical conditions that lead to approval and others that are always denied?
The short answer is no. To its credit, SSA does not simply approve or deny applicants based on a list of medical conditions. Instead, they consider the effects your conditions have on your ability to work. Both physical and mental issues can be the basis for a finding of disability. SSA also considers not just your impairments, but also other facts about you as a person. Your age and your level of education also play a part in the decision process.
Because of this, two claimants with the same medical condition can get different outcomes. Consider a specific medical condition such as a heart attack. If your work requires heavy lifting or sustained physical exertion, having a heart attack could definitely prevent you from returning to work. On the other hand, if you work in an office, Social Security might find that you can still perform your job after you have had time to recover.
Because no two individuals are exactly the same, no two disability cases can be the same. How your case is handled will depend a lot on the particulars of your medical history, issues related to your past work, your age, and even your education. The fact that each case is unique is one reason it's important to have a professional representative who is prepared to present the strongest aspects of your individual case.
Don't take chances by going it alone. Give us a call. We are here to help you with your claim from start to finish.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
The short answer is no. To its credit, SSA does not simply approve or deny applicants based on a list of medical conditions. Instead, they consider the effects your conditions have on your ability to work. Both physical and mental issues can be the basis for a finding of disability. SSA also considers not just your impairments, but also other facts about you as a person. Your age and your level of education also play a part in the decision process.
Because of this, two claimants with the same medical condition can get different outcomes. Consider a specific medical condition such as a heart attack. If your work requires heavy lifting or sustained physical exertion, having a heart attack could definitely prevent you from returning to work. On the other hand, if you work in an office, Social Security might find that you can still perform your job after you have had time to recover.
Because no two individuals are exactly the same, no two disability cases can be the same. How your case is handled will depend a lot on the particulars of your medical history, issues related to your past work, your age, and even your education. The fact that each case is unique is one reason it's important to have a professional representative who is prepared to present the strongest aspects of your individual case.
Don't take chances by going it alone. Give us a call. We are here to help you with your claim from start to finish.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
My Doctor Says I Can't Work. Will my Disability Claim be Approved?
It seems like common sense that Social Security would consult your medical records and rely on the professional opinions of your doctors when making a disability decision. After all, who knows more about you and your condition that the physicians who treat you?
Unfortunately, it is not as simple as that. Social Security has its own rules for determining your eligibility for benefits and your doctor's opinion alone is not enough. Getting your claim approved is usually more complicated. In order to be approved for benefits, you must first provide documentation of your medical conditions. If your conditions are considered severe enough to meet Social Security's Listing of Impairments, you can be approved at this step. Unfortunately, few applicants win their cases in this way.
Most people must go to the hearing level. There, a judge will look at your medical records, then consider your ability to perform the work you did in the past. I recently spoke to a man from Antioch who had done heavy construction work until a back injury forced him to leave his job. In a case like this, it is often possible to show that the person could not return to a previous job. However, the inability to return to your past work is still not enough to win.
At the hearing level, you must show not only that you cannot perform your past job, but that you cannot perform any job. SSA will hire a vocational expert (VE) to testify about your ability to do work, given your medical limitations. The VE will frequently testify that claimants are able to perform a hypothetical job that exists somewhere in the country. If that testimony cannot be refuted, there is a strong chance the judge will deny your claim based on the testimony of the vocational expert.
This is where having good representation makes all the difference. An experienced representative will cross-examine the vocational expert to ensure that all limitations imposed by your medical conditions are being appropriately considered. Refuting the vocational expert's testimony successfully is critical to winning your case, but it is very difficult for a claimant to do this without prior experience in disability hearings.
If you have questions about the process of applying for benefits, we are here to help. You owe nothing for our services unless we win benefits for you. We serve clients throughout middle Tennessee, including Davidson, Williamson, Maury, Rutherford and Giles Counties. We also have offices in Huntsville and serve disability claimants throughout north Alabama.
Don't put your benefits at risk by going it alone. Give us a call today or visit our website for more information.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Unfortunately, it is not as simple as that. Social Security has its own rules for determining your eligibility for benefits and your doctor's opinion alone is not enough. Getting your claim approved is usually more complicated. In order to be approved for benefits, you must first provide documentation of your medical conditions. If your conditions are considered severe enough to meet Social Security's Listing of Impairments, you can be approved at this step. Unfortunately, few applicants win their cases in this way.
Most people must go to the hearing level. There, a judge will look at your medical records, then consider your ability to perform the work you did in the past. I recently spoke to a man from Antioch who had done heavy construction work until a back injury forced him to leave his job. In a case like this, it is often possible to show that the person could not return to a previous job. However, the inability to return to your past work is still not enough to win.
At the hearing level, you must show not only that you cannot perform your past job, but that you cannot perform any job. SSA will hire a vocational expert (VE) to testify about your ability to do work, given your medical limitations. The VE will frequently testify that claimants are able to perform a hypothetical job that exists somewhere in the country. If that testimony cannot be refuted, there is a strong chance the judge will deny your claim based on the testimony of the vocational expert.
This is where having good representation makes all the difference. An experienced representative will cross-examine the vocational expert to ensure that all limitations imposed by your medical conditions are being appropriately considered. Refuting the vocational expert's testimony successfully is critical to winning your case, but it is very difficult for a claimant to do this without prior experience in disability hearings.
If you have questions about the process of applying for benefits, we are here to help. You owe nothing for our services unless we win benefits for you. We serve clients throughout middle Tennessee, including Davidson, Williamson, Maury, Rutherford and Giles Counties. We also have offices in Huntsville and serve disability claimants throughout north Alabama.
Don't put your benefits at risk by going it alone. Give us a call today or visit our website for more information.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Your Disability Application was Denied. Now What?
Have you recently applied for Social Security disability benefits? It is an unfortunate reality that most claims are denied by SSA. However, it is important that you don't give up just because your claim was turned down. While about 70% of initial applications are turned down, a significant percentage can be won on appeal.
Unsure about how to proceed after your claim was denied? Many of the people who contact our offices have significant doubts about the application process. Many of these concerns are related to proving the extent of their medical conditions, having to testify in front of a judge, or not being able to afford professional representation.
The Forsythe Firm can answer all your questions about the process. For those who have concerns about paying for representation, we charge no fee unless your claim is approved and you start collecting benefits from Social Security. You never have to worry about owing money you are unable to pay.
If your application has been denied, give us a call. We are dedicated to handling your claim from start to finish while giving you peace of mind.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Unsure about how to proceed after your claim was denied? Many of the people who contact our offices have significant doubts about the application process. Many of these concerns are related to proving the extent of their medical conditions, having to testify in front of a judge, or not being able to afford professional representation.
The Forsythe Firm can answer all your questions about the process. For those who have concerns about paying for representation, we charge no fee unless your claim is approved and you start collecting benefits from Social Security. You never have to worry about owing money you are unable to pay.
If your application has been denied, give us a call. We are dedicated to handling your claim from start to finish while giving you peace of mind.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Your Disability Safety Net
Losing the ability to work can be one of the most frightening experiences of a person's life. Work means security, peace of mind, an assurance of being able to provide for our basic needs. Losing that ability can be very worrisome because most of us haven't prepared for that possibility.
Fortunately there is a safety net for those who become disabled. It's called Social Security Disability Insurance (SSDI). We pay for it with taxes deducted from our paychecks, matched by taxes from our employers. Most Americans who work have paid into the Social Security system and are covered by SSDI.
Social Security disability can pay a benefit of up to $2,500 per month. The actual amount is based on how long you worked and your average wages. To receive benefits, you must prove that you are no longer able to perform full-time work due to physical or mental disability. The rules for a finding of disability are rigid and complex. About 70% of individuals who apply will be denied because they "do not meet our rules for disability." These decisions are often made in error and go against the very purpose of Social Security disability programs. Unfavorable rulings can often be reversed with appropriate appeals.
A disability advocate is a professional who is trained in the Social Security laws and regulations. He or she knows how to gather evidence, file your claim, and prepare it for appeal if necessary. Studies have shown that people who have professional representation are much more likely to be awarded benefits from SSA.
At the Forsythe Firm, our advocates are dedicated to making the process of applying for benefits as simple as possible. In most cases we can deal with Social Security directly, allowing you time to focus on the things that matter to you. We do not charge a fee unless you win your case and collect past due benefits.
If you have questions about your disability claim, we can help. Call one of our local offices for free advice.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Fortunately there is a safety net for those who become disabled. It's called Social Security Disability Insurance (SSDI). We pay for it with taxes deducted from our paychecks, matched by taxes from our employers. Most Americans who work have paid into the Social Security system and are covered by SSDI.
Social Security disability can pay a benefit of up to $2,500 per month. The actual amount is based on how long you worked and your average wages. To receive benefits, you must prove that you are no longer able to perform full-time work due to physical or mental disability. The rules for a finding of disability are rigid and complex. About 70% of individuals who apply will be denied because they "do not meet our rules for disability." These decisions are often made in error and go against the very purpose of Social Security disability programs. Unfavorable rulings can often be reversed with appropriate appeals.
A disability advocate is a professional who is trained in the Social Security laws and regulations. He or she knows how to gather evidence, file your claim, and prepare it for appeal if necessary. Studies have shown that people who have professional representation are much more likely to be awarded benefits from SSA.
At the Forsythe Firm, our advocates are dedicated to making the process of applying for benefits as simple as possible. In most cases we can deal with Social Security directly, allowing you time to focus on the things that matter to you. We do not charge a fee unless you win your case and collect past due benefits.
If you have questions about your disability claim, we can help. Call one of our local offices for free advice.
(615) 732-6159
Franklin, TN office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
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